FOIA Exemption 3 protects information specifically exempted from disclosure by anotherstatute, if the statute (A) requires that the matters be withheld from the public in such a manneras to leave no.discretion on the issue, or (B) established particular criteria for withholding orrefers to particular types of matters to be withheld.

Enclosed are 35 pages with certain information withheld as described below.

In a letter dated March 7, 2013, we notified you that the subject matter is of substantial interest toanother agency. DHS is required to consult with this agency prior to making a disclosuredetermination and 26 pages of the responsive records are under review with another agency.Upon completion of processing, all documents that can be released will be made available to youat the earliest possible date. We sincerely apologize for the delay you are experiencing andappreciate your patience as we proceed with your request.

A search for documents responsive to your request was conducted in S&T's Resilient SystemsDivision. A search of archive files and computer network drives for the terms BOSS technologyand Biometric Optical Surveillance System produced a total of 110pages. Of those pages, Ihave determined that 26 pages of the records are releasable in their entirety, 9 pages are partiallyreleasable, and 49 pages are withheld in their entirety pursuant to Title 5 U.S.C. § 552 (b)(3) and(b)(6).

This is an interim response to your Freedom of Information Act (FOIA) request to theDepartment of Homeland Security (DHS) Science and Technology Directorate (S&T), datedFebruary 19,2013. You are seeking: 1) all contracts with the PNNL and any other researchers orcompanies for the development of BOSS technology; 2) all statements of work associated withBOSS technology; and 3) all technical specifications related to BOSS technology. Your requestwas received in this office on February 25, 2013.

Dear Ms. McCall:

RE: S&T 13-04,2013-STFO-000I0

Ginger McCallDirectorElectronic Privacy Information Center1718Connecticut Avenue NW, Suite 200Washington, DC 20009

•....':.

April 5,2013

Science and Technology

"'It\ Homeland~./ Security

U.S. Department of Homeland SecurityWashington, DC 20528

Enclosures: 1) Inventory Sheet, 1page2) Responsive Records, 35 pages

SinCer.el.y/ --

'~*~!ff-L../"{dtrina Hagan

FOIA Officer

If you need to contact our office again about this matter, please refer to S&T 13-04. This officecan be reached at stfoia@hq.dhs.gov or (202) 254-6342.

Provisions of the FOIA [AND PRIVACY ACT] allow us to recover part of the cost ofcomplying with your request. Inthis instance, because the cost is below the $14 minimum, thereis no charge.

The Office of Government Information Services (OGIS) also mediates disputes between FOrArequesters and Federal agencies as a non-exclusive alternative to litigation. Ifyou are requestingaccess to your own records (which is considered a Privacy Act request), you should know thatOGIS does not have the authority to handle requests made under the Privacy Act of 1974. Ifyouwish to contact OGIS, you may email them at ogis@nara.gov or call 1-877-684-6448.

You have a right to appeal the above withholding determination. Should you wish to do so, youmust send your appeal and a copy of this letter, within 60 days of the date of this letter, to:Associate General Counsel (General Law), Mailstop 0655, U.S. Department of HomelandSecurity, Washington, D.C. 20528, following the procedures outlined in the DHS regulations at 6C.F.R. § 5.9. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIAand DHS regulations are available at www.dhs.gov/foia.

FOIA Exemptionti exempts from disclosure personnel or medical files and similar files therelease of which would cause a clearly unwarranted invasion of personal privacy. This requires abalancing of the public's right to disclosure against the individual's right privacy. [The types ofdocuments and/or information that we have withheld may consist of birth certificates,naturalization certificates, driver license, social security numbers, home addresses, dates ofbirth, or various other documents and/or information belonging to a third party that areconsideredpersonal.] The privacy interests of the individuals in the records you have requestedoutweigh any minimal public interest in disclosure of the information. Any private interest youmay have in that information does not factor into the aforementioned balancing test.

• ProposalsSection 253b(m) of Title 41, United States Code, prohibits the release of any competitiveproposal under the FOIA, except forthose portions of the proposal set forth orincorporated by reference in a government contract. Since the statute leaves the agencywith no discretion, I determined that all sections of the contractor proposal which wererequired to be submitted, and which were not incorporated into the contract, must bewithheld under subsection (b)(3) of the FOIA.

Page 1

Record Number Number of Pages Title of Record Record Date Exemption

Signed Contract with Electronic Warfare Associates, Inc. (EWA) with1 33,;: Statement of Work (SOW) .11/9/2010 6

Signed Contract Modification with EWA for No Cost Extension2 2 (NCE) 9/21/2012 6

Biometric Optical Surveillance System (BOSS) at Stand-Off Distance3 49 Proposal No Date 3,6

Department of Homeland SecurityScience and Technology Directorate

Inventory SheetST ForA [3-04, Interim Response

,

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The to t.al a:;:ounL of' awar.d: $:', is», 000.00. Theob l iqe t ion fer this award t s shown Tn box ·jSG.

\\"ork per±o=~cd ..:..~accordance v.tit.:h the a~t~achc~dTc.r;rns 2!"!d Condi~~l()us, sos, .and Inciividu(ilSubcontracting Pian.Ouligat.cd A:wun<..: $!), l:i~, 000.06

Cost: $4~6B6t364.COFon: $4681636.00C?~F: ~j,l-~~(OCO.CODO/DPAS Rilting: NONl::Dclivery~ 10/11/~Ol~AGcol1!'lting Info: .REI01·/3-0CO-RM-/O-OO-OO-OCO-OI-OO-COOO-OO-OO-OO-OC-G~-OE-2~-~O-OOOOOOFeR: Destinati<>nPer-iod of ?ertorm.,:;ce: 10/.1.7./2CiO to 101l1/?Ol;>

This .:s a cost-plus-flxcci-fcc (CPFF) !~1-pecontrilC1:.

:;escrip-:ion: The purpose of !-~hisac':.ion i.s toi-iwa,:-:-oa~ e':fort sc!'l(":ct~d l.:~cier Broad Agency.Announcement. (BAA) lO-(J]. ~;ork ,.;iil be conductedin acco.::ciar!cewith th", att.achnd Terms andConditi cns (16 E'i1.g(!~;), stat.ement -of i-lo.::k (SOW) ('::paqes) ant.Lt.Lod "Biometr.ic Optical SurveillanceSystem (BOSS)at, Stand-·off Distance," andLndividuaI SubconL.!:·acUlIg21an (10 puges) .

ALe: 70-08-1 ~l13APPS: '/OX0800

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DUNS Numbel": 10319'I~iB3+0000Division/PPA: .Human Factors /B(~hiiViora 1. SciencesDlvisionThrust: Persona! !cinllli:ic<1':io:1 Syst:ernsP~ograrn: Hiorn~t.Li~sP1:oj(!ct:: Bi.omh:.llc oet t cc l SU.!'J'cil1a.nc.e Sy"t.hm(BOSS) a:: StD:Jei-()[[ Dis:il~::ePerfo1:TIlcr: E~U\Gov(~r::m(~ntSyste:r:s, 1!lc..!\ppro?riatio:'ls Ye.JT.: R('~ilnbursabl.eFund" (KN)Rudg()t. Aut.horLt.y : Ntllti-Yeal' =und~Pro1ecL MMnage~; Patricia Holfhope,S£'1'Asuppo r t.: RYiln Rednax',

(13)

SUPPLI"SlSERVICES

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ITEMNO. AMOUNl

(F)

UNIT PRICE

(A)

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E'·J.~GOVERNMENTSYSTEMS INC

33

REFEI<E,NCr NO. Or OOCUMENi BEINGCON'TINUEO

HSHQDC"'lI ··(;-0000:CONTINUATION SHEET

1

FAR Clauses Incorporated By Reference

Contract Clauses.FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998)

PART II - CONTRACT CLAUSES.

Special Contract Requirements.Post-award Evaluation of Contractor PerformanceAdvertisements, Publicizing Awards, and News ReleasesContracting Officer's AuthorityInterpretation of ContractTechnical DirectionAcknowledgement, Disclaimer, & Mark (Indicating DHS/S&T Funding)

Contract Administration Data.Invoice SubmissionOther Direct Costs (~OCs)Government PropertyTravel CostsFinal Payment

Deliveries or Performance.FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998)FAR 52.247-34, FOB Destination (Nov 1991)Period of Performance .Place of PerformanceNotice of Delay

Inspection and Acceptance.FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998)FAR52.246-9, Inspection -Inspection of Research and Development

(Short Form) (Apr 1984)Inspection, Acceptance and Receiving ReportAcceptance Criteria

Packaging and Marking.Packing, Packaging, Marking and Storage of EquipmentMarkings

Description/SpecificationiWork Statement.Statement of Work

Supplies or Services and Price/Cost.Supplies/ServicesEstimated Cost and Fixed Fee

TABLE OF CONTENTS

PART I - THE SCHEDULE

1.2

Section I1.1

Section HH.iH.2H.3H.4H.5H.6

Section GG.1G.2G.3G.4G.5

Section FF.1F.2F.3F.4F.5

E.3E.4

Section EE,1E.2

Section 00.1D.2

Section CC.1

Section BS.lB.2

HSIIQDC-ll-C-OOOOI

2

List of Attachments.Statement of WorkIndividual Subcontracting Plan

PART 111-LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS.

U. S. Department of Homeland Security Acquisition Regulation (HSAR) FullText ClausesHSAR 3052.215-70, Key PersonneLor Facilities (Dec 2003)HSAR 3052.219-70, Small Business Subcontracting Plan Reporting (Jun 2006)HSAR 3052.228-70, Insurance (Dec 2003)HSAR 3052.231-70, Precontract Costs (Dec 2003)HSAR 3052.242-71, Dissemination of Contract Information (Dec 2003)HSAR 3052-242-72, Contracting Officer's Technical Representative

(Dec 2003) .HSAR 3052.245-70, Government Property Reports [Deviation] (Aug 2008)

Section JJ.1J.2

llSHQDC-II-C-OOOOl

1.3

3

D.1 Packing, Packaging, Marking and Storage of Equipment.

(END OF SECTION C)

SECTION 0 ~PACKAGING AND MARKiNG

a) In accordance with the contract's terms and conditions, the Contractor shall furnish allpersonnel, services, equioment, materials, and facilities (except asrnay be expressly stated inthis contract as furnished by the Government) and do all other things necessary for, orincidental to, performance of the requirements set forth herein.

b) Work shall be accomplished in accordance with the Statement of Work, included in Section J.

C.1 STATEMENT OF WORK.

SECTION C· DESCRIPTIONfSPECIFICATJONIWORK STATEMENT

(END OFSECTION B)

e) Notwithstanding the language contained herein in Section B.2, performance is subjectto the limitations set forth in the FAR Clause 52.232-20, Limitatfonof Cost

d) The total amount allotted to "this contract is $5,155,000.00 (fully funded), It is estimatedthat this amount is sufficient to cover the entire 24-month period of performance.

c) The total amount of this contract is $5,155,000.00.

b) The fixed fee for this contract, as contemplated by FAR Clause 52.216-8, entitled"Fixed Fee," is $468,636.00. The fixed fee shall be paid pursuant to tile terms of thisclause.

a) This is a Cost Plus Fixed Fee (CPFF) - Completion type contract. The total estimatedcost of this contract, as contemplated by the FAR Clause 52.232-20, entitled "Limitationof Cost," is $4,686,364.00.

B.2 ESTIMATED COST AND FIXED FEE.

The Contractor shall provide all resources (except as may be expressly stated in this eontract asfurnished by the Government) necessary to furnish the supplies and services set forth in theStatement of Work (Section J).

B.1 SUPPLIES/SERVICES.

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

PART I - THE SCHEDULE

HSHQDC-l1-C-00001

4

An inspection, acceptance, and receiving report shall be signed by an authorized Governmentrepresentative to evidence receipt, inspection and acceptance. The report shall be completedat the place(s) specified in the contract for Government receipt and acceptance. DHS Form700-21, Material Inspection and Receiving Report, may be used for this purpose. Otherforms/formats are acceptable if they contain: (1) Date; (2) Contract Number; (3) ModificationNumber; (4} Contractor's Name; (5) Date items received or date recurring payment due; (6)Location where items were delivered or contractor's performance; (7) Statement that all therequirements have been inspected, received and accepted by (insert name of authorizedGovernment representative) and meet the terms of the contract except as noted below; (8) Listthe requirements that were notaccepted and/or the deductions made and state the reason why;(9) Total amount of deductions; (10) SIgnature of authorized Govemment representative; (11)Title of authorized government representative; and (12) Date .signed.

E.3 INSPECTION,ACCEPTANCEAND RECEIVINGREPORT.

E.2 FAR 52.246-9. INSPECTIONOF RESEARCHAND DEVELOPMENT(SHORTFORM) (Apr 1984)

This contract incorporates one or more clauses by reference, with the same force and eifect.asif they were given in full text. The full text of Federal Acquisition Regulation (FAR) clauses maybe accessed electronically at this address: http://www.amelgovifar.

(END OF SECTION D)

SECTION E -INSPECTION AND ACCEPTANCE

E.1 FAR 52.252-2CLAUSES INCORPORATEDBY REFERENCE(FEB 1998)

a) Contract number;b) Name and address of the consignor;c) Name and address of the consignee;d} Government bill 6flading number covering the shipment (if any); ande) Description of the item/material shipped, including item number, quantity, number ofcontainers, and package number (if any).

All supplies or equipment, submitted to the Contracting Officer's Technical Representative(COTR), shall be accompanied by a packing list or other suitable shipping document that shallclearly indicate the following:

0.2 Markings,

All initial packing, marking and storage incidental to shipping of equipment to be provided underthis contract shall be at the Contractor's expense. The Contractor shall supervise the packing ofall acquired equipment furnished by the Contractor and shall supervise the unpacking ofequipment to be installed.

,....."';

Unless otherwise specified, all items to be delivered under this contract shall be preserved,packaged, and packed in accordance with normal commercial practices to meet the packingrequirements of the carrier and ensure safe delivery at destination.

HSIIQDC-ll-C-OOOOI

5

G.1 INVOICESUBMISSION.

(END OF SECTION F)

SECTION G - CONTRACT ADMINISTRATION DATA

If, because of technical difficulties, the Contractor becomes unabie to complete the contractwork at the time specified r notwithstanding the exercise of good faith and diligent efforts inperforming the work called for under this contract, the Contractor shall give the ContractingOfficer written notice of the anticipated delay and the reasons for it. The notice and reasonsshall be delivered promptly after the condition creating the anticipated delay becomes known tothe Contractor but in no event less than 45·days before the completion date specified in thiscontract, unless otherwise permitted by the Contracting Officer. When notice is given, theContracting Officer may extend the time specified in the Schedule for such period as is deemedadvisable.

F.5 NOTICEOF DELAY.

The place of performance shall be at the contractor's location. as stated in the statement ofwork; or at other locations as pre-approved by the Contracting Officer's TechnicalRepresentative (COTR) in writing.

F.4 PLACEOFPERFORMANCE.

The period of performance of this contract shall be from 12 OCtober 2010 through 11October2012.

F.2 FAR52.247-34 FOBDESTINATION(JAN 1991).

F.3 PERIODOFPERFORMANCE.

This contract incorporates one or more clauses by reference, with the same force and effect asif they were given in full text. The full text of a clause may be accessed electronically at thisaddress: http://www.arnet.gov/far/.

F.1 FAR52.252-2CLAUSESINCORPORATEDBY REFERENCE(FEB1998).

(END OF SECTION E)

SECTIONF - DELIVERIESORPERFORMANCE.

The Contracting Officer's Technical Representative (COTR) reserves the right to review andapprove the final design.

Certification by the Government of satisfactory Contractor performance is contingent upon theContractor performing in accordance with the terms and conditions of the contract and allmodifications.

E.4 ACCEPTANCECRITERIA.

HSHQDC-ll-C-OOOOl

6

(1) All contractor purchases of consumable materials or supplies, or property or equipment,exceeding $5,000 required for performance of the work shall be in accordance with Section Iclause at FAR 52.244-2, Subcontracts.

(a) Other Direct Costs (ODCs), such as consumable materials or supplies, or contractorpurchases of property or equipment, may be required under this contract.

G.2 OTHER QIRECT COSTS (ODes).

U. S. DHS - ICEAttn: S&T DirectorateBurlington Finance CenterP. O. Box 1000Williston, Vermont 0549~1 000

Invoices can be mailed to:

sat. inVOi·C8.~Gns.o!idaticn{cvar-!s. 5]D\~.Invoices should be e-mailed to:

The payment address for S&T payments is as follows:

2) Payment Address.

Monthly invoices should include the current and cumulative expenditures to date under thecontract.

The cover or summary page of the invoice shall include a statement similar to the folloWing: "Asan authorized corporate official of [name of Contractor}, I hereby certify that the above invoicedamount is true and accurate for the period identified herein."

d) Travel and ODCs proposed and accepted in the award are considered to be approved.Travel and ODCs not included in the proposal, or changes to proposed travel and ODCs,require pre-approval from the COTR.

c) A completion voucher will be submitted for each funding documenVorder in accordance withFAR Clause 52.216-7.

b) Supporting documentation for applicable travel and other cost reimbursable ODCs beingbilled during the billing period shall be maintained at the Contractor's facility for review uponrequest by the Contractor's cognizant audit agency or the DHS contracting officer andlorcontracting officer's technical representative.

r.".,;

1. The total cost and fee billed for the current billing period;2. A breakdown by cost element for the current billing period and the contract to

date; and3. The cumulative cost and fee billed for the contract to date.

a) Vouchers shall be submitted in accordance with FAR Clause 52;216-7, Allowable Cost andPayment, and must specify, at a minimum, the following information for the billing period:

1) Billing Instructions.

HSHQDC-l1-C-OOOOl

7

4) Receipts for lodging expenses are required and a written receipt is required for anyother individual expenditure over $:75.00. The Contractor will maintain these receipts at

3) Airfare costs in excess of the lowest customary standard, coach or equivalent airfareoffered during normal business hours are unallowable.

Travel of more than 12 hours, but less than 24 hours, when no lodging is required, perdiem shall be one-half of the.M~als and lncidental Expenses (M&IE) rate applicable tothe locationsoftemporary duty assiqnment. If more than one temporary duty point isinvolved. the allowance of one~haif of the M&IE rate is prescribed forthe location wherethe majority of the time is spent performing official business. The per diem.allowanceshall not be allowed when the period of official travel is 12 hours or lessduring the samecalendar day.

2) Per diem will be reimbursed at actual costs, not to exceed the per diem rates set forthin the Federal Travel Regulation, prescribed by General Services Administration(www~gsa.gov); and when applicable, Standardized Regulations Section 925 -Maximum Travel Per Diem Ailowances for Foreign Areas - prescribed by theDepartment of State.

1) Travel subsistence reimbursements will be authorized under the rates and conditionsunder the Federal Travel Regulation.

b) The Contractor shall be reimbursed for approved travel costs under this contract, pursuantto the terms of this contract and the Contractor's standard accounting practices. Thereimbursement for those costs shall be as follows:

a) Travel may be required to support this Statement of Work Any new travel not proposed andaccepted must be approved in advance by the COTR. Travel approval may be documented viae-mail. Contractor travel requests shall include the following: the name of traveler(s}, purposeof trip, destination(s), number of travel days, estimated air fare, per diem, estimated car rental (ifapplicable), and other associated travel costs.

G.4 TRAVEL COSTS.

b) The Contractor shall control, protect, preserve, use, maintain, and repair any Governmentproperty or equipment provided for, or purchased for, performance under this contract inaccordance with sound industrial and business practices and the requirements ofthis contract.

a) The Government may provide property or equipment for use in performance of this 'contract.This property or equipment shall be used only for the work required under this contract inaccordance with FAR Clause 52.245-1, Government Property.

G.3 GOVERNMENT PROPERTY.

(2) All property or equipment purchased as a direct cost to this contract shall become theproperty of the Government and be marked accordingly. The contractor shall submit copiesof the invoices of any equipment purchased as a direct cost to this contract, as well as theequipment serial number, to the Government Contracting Officer when the equipment ispurchased.

HSHQDC-II-C-OOGOl

8

FAR Part 42.15 requires agencies to prepare annual and final evaluations of contractorperformance. The U.S. Department of Homeland Security utilizes the Department of Defense

Annual and final evaluations of contractor performance will be prepared on this contract inaccordance with FAR 42.15 (or FAR 36.201 for construction, or FAR 36.604 for Architect­Engineering). The final performance evaluations will be prepared at the time of completion ofwork. Annual and final evaluations will be provided to the contractor as soon as practical aftercompletion of the evaluation. The Contractor can elect to review the evaluation and submitadditional information or a rebuttal statement. The contractor will be permitted thirty days torespond. Contractor response is voluntary. Any disagreement between the parties regarding anevaluation will be referred to the Head of the Contracting Activity, whose decision is final.Copies of the evaluations, contractor responses, and review comments, itany, will be retainedas part of the contract file, and may be used to support future award decisions.

b) Electronic Access- to Contractor Performance Evaluations

a} Contractor Performance Evaluations

H.i POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

(END OF SECTION G)

Final payment under this contract requires 1) receipt and acceptance by the Government of allrequired services and/or supplies; 2) final accounting for and disposition of Governmentproperty; 3) the assignment to the Government of any refunds and the release discharging theGovernment from liabilities per the terms and conditions of the award; and 4) final audit by thecognizant audit agency.

G.S FINAL PAYMENT.

Travelto local test sites will be reimbursed.

4) Within fifty (50) miles of the individual's assigned duty station.

3) Travel costs incurred in the replacement of personnel when such replacement isaccomplished for the contractor's or contractor employee's convenience.

2) Travel performed for personal convenience/errands, including commuting to'and fromwork.

1) Travel at Government installations where Government transportation is available.

c) Local Travel Costs will not be reimbursed. Local travel costs include, but are not limited to,the following:

its facility for review upon request by the Contractor's cognizant audit agency or the DHScontracting officer and/or contracting officer's technical representative.

HSHQDC-l1.-C-OOOOJ

9

H.4 INTERPRETATION OF CONTRACT.

U. S. Department of Homeland SecurityOffice of Procurement OperationsScience and Technology Acquisitions DivisionAttn: Duane scnatz245 Murray Lane SWBuilding 410

DC 20528

Contracting Officer

The Contracting Officer (CO) is the only person authorized to approve changes to any of the tennsand conditions of this contract. In the event the Contractor effects any changes at the direction ofany person other than the Contracting Officer; the changes will.be considered to have been made,without authority and no adjustment will be made in the contract price to cover any increase incosts incurred as a result thereof. The Contracting Officer shall be the only individual authorized toaccept nonconforming work, waive any requirement of the contract, or to modify any term orcondition of the contract. The Contracting Officer is the only individual who can legally obligateGovernment funds. No·cost chargeable to the proposed contract can be incurred before receipt ofa fully executed contract, which Includes any subsequent contract modifications or other specificwritten authorization from the Contracting Officer.

H.3 CONTRACTING OFFICER'S AUTHORITY.

The Contractor agrees not to refer to awards in commercial advertiSing in such a manner as tostate or imply that the product or service provided is endorsed or preferred by the FederalGovernment or is considered by the Government to be superior to other products or services.

All press releases or announcements about agency programs, projects, and contract awardsneed to be cleared by the Contracting Officer. Under no circumstances shall the Contractor; oranyone acting on behalf of the Contractor, refer to the supplies, services, or equipmentfurnished pursuant to the provisions of this contract in any publicity news release or commercialadvertising without first obtaining explicit written consent to do so from the Contracting Officer.

H.2 ADVERTISEMENTS, PUBLICIZING AWARDS, AND NEWS RELEASES.

The registration process requires the contractor to identify an individual that will serve as a primary.contact and who will be authorized access to the evaluation for review and comment. In addition,the contractor will be required to identify a secondary contact who will be responsible fp~ notifyingthe cognizant contracting official in the event the primary contact is unavailable to process theevaluation within the required 30-day time period. Once the contractoris registered and aperformance evaluation has been prepared and is ready for comment, CPARS will send an email tothe contractor representative notifying that individual that a performance evaluation is electronicallyavailable for review and comment.

(DoD) Contractor Performance Assessment Reporting System (CPARS) to record and maintainpast performance information. Contractorsthathave Internet capability may access evaluationsthrough a secure Web site for review and comment by completing the registration form that canbe obtained at the following URL: https:l/www.cpars.csd.disa.mil.

HSHQDC-II-C-OOOOl

10

1) Advise the Contractor In writing within thirty (30) days after receipt of the Contractor'sletter that the technical direction is within the scope ofthe contract effort and does notconstitute a change under the "Changes" clause of the award; or2) Advise the Contractor within a reasonable time that the Government will issue a writtenchange to the award; or3) Advise the Contractor that the technical direction to which the Contractor has objected is,in fact, outside the scope of the award and should not be acted upon.

The Contractor shall proceed promptly with the performance of technical directions duly issuedby the applicable COTR in the manner prescribed by this clause and within their authority underthe provisions of this Clause. If, in the opinion of the Contractor, any instruction or direction bythe applicable COTR falls within one of the categories defined in (b)(I) thrQugh (5) above, theContractor shall not proceed but shall notify the Contracting Officer (CO) in writing within five(5) working days after receipt of any such instruction or direction and shall request the CO tomodify the contract accordingly. Upon receiving the notification from the COntractor, the COshall:

All technical directions shall be issued in writing by the applicable COTR.

1) Constitutes an assignment of additional work outside the statement of work;2) Constitutes a change as defined in the clause, entitled "Changes;"3) In any manner causes an increase or decrease in the level of effort, total price, orthe

. time required for contract performance;4) Changes any of the expressed terms, conditions, or specifications of the contract; or5) Interferes with the Contractor's right to perform the terms and conditions of the contract.

b) Technical direction must be within the scope of work stated in the award. The COTR doesnot have the authority to, and may not, issue any technical direction which:

1) Directions to the Contractor which redirect the contract effort, shift work emphasisbetween work areas or tasks, direct various efforts for statement of work accomplishment;2) Provision of written information to the Contractor which assists in interpretation ofdrawings, specifications, or technical portions of the work description; and3) Review, and where required by the contract. approval of technical reports, drawings,specifications, and technical information to be delivered by the Contractor to theGovernment under the contract.

a) Performance of the work under this award shall be subject to the technical directlon 'of theContracting Officer's Technical Representative (COTR). The term "technical direction''Jsdefined to include: .

H.5 TECHNICAL DIRECTION.

No oral statement by any person and no written statement by anyone other than the ContractingOfficer, or his/her authorized representative actinq within the scope of his/her.authority, shall beinterpreted as modifying or otherwise affecting the terms of this contract. All requests forinterpretation or modification shall be made in writing to the Contracting Officer.

HSHQDC-ll-C-OOOOl

11

1.1 FAR 52.252-2 CLAUSES INCQRPORATED BY REFERENCE (FEB 1998)

SECTION I • CONTRACT CLAUSES.

pART II - CONTRACT CLAUSES

(END OF SECTION H)

(e) Subcontracts. The Contractor shall include the substance of this clause in any subcontractvalued in excess of $25,000 awarded under this contract.

(2) As used in this clause, "equipment" means hardware or devices, includingprototypes, or software produced under or developed as a result of this Contract.

(d)(1) Definitions. As used in this clause, "information" means any work fixed in any tangiblemedium of expression, discussing the work performed under this Contract. The term includes,but is not limited to: reports, news releases, briefings, presentations, articles, manuscripts,brochures, still and motion pictures: speeches, presentations and symposia.

(c) Disclaimer. The Contractor shall ensure every publication of material (including internet webpages) based on or developed under this award, contains the following disclaimer: ~Anyopinions, findirigs, and conclusions or recommendations expressed in this material are those ofthe author(s) and do not necessarily reflect the views of the Department ofHomeland Security."

{3} The Contractor shall not use the Official Seal of the Department of HomelandSecurity other than as required by-paragraph (b) of this clause without the prior written approvalof the DHS Office of Public Affairs.·

(2) DHS/S&T reserves the right to alter the design of the logo and, upon notice by theContracting Officer, Contractor agrees it shall thereafter use only the altered design oninformation arid equipment subject to this clause.

(a) Acknowledgement. Where acknowledgement has not all ready been accomplished inaccordance with the provisions of the "Data Rights" and "Patent Rights" clauses of the: contract,the Contractor shall include the following acknowledgement of DHS Science and Technology(S&T) funding on any other information produced under this Contract as follows: "This project isthe result of funding provided by the Science and Technology Directorate of the United StatesDepartment of Homeland Security under contract number HSHQDC-11-C~00001."(b) Logo. (1) In addition, the Contractor shall include a logo comprising the DHS Sealaccompanied by "U.S. Department of Homeland Security" over "Science and Technology" inaccordance with a format, size, font, and resolution to be provided by DHS S&T on anyinformation and on any equipment produced under this Contract.

H.6 ACKNOWLEDGEMENT, DISCLAIMER, & MARK (INDICATING DHS/S&T FUNDING).

A failure of the Contractor and CO to agree as to whether the technical direction is within thescope of the award, or a failure to agree upon the contract action to be taken with respectthereto, shall be subject to the provisions of the disputes clause.

ilSHQDC-I1-C-OOOOl

12

FAR 52.202-1, Definitions (JuI2004)FAR 52.203-3, Gratuities (Apr 1984)FAR 52.203-5, Covenant Against Contingent Fees (Apr 1984)FAR 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep

2006) ,FAR 52.203-7, Anti-Kickback Procedures (JuI1995)FAR 52.203-8, Cancellation, Rescission and Recovery of Funds for Illegal or

Improper Activity (Jan 1997)FAR 52.203-10, Price or Fee Adjustment for Illegal or Improper Activity

(Jan 1997)FAR 52.203-12, Limitation on Payments to Influence Certain Federal

Transactions (Sep 2007)FAR 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008)FAR 52.204-2, Security Requirements (Aug 1996)FAR 52.204-4, Printed or Copied Double-Sided on Recycled Paper (Aug 2000)FAR 52.204-7, Central Contractor Registration (Apr 2008)FAR52.204-10, Reporting Executive Compensation and First-Tier Subcontract

Awards (Jul 2010)FAR 52.209-6, Protecting the Government's Interest when Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment(Sep 2006)

FAR 52.215 ..2, Audit and Records - Negotiation(Mar 2009)FAR 52.215 ..8, Order of Precedence - Uniform Contract Format (Oct 1997)FAR 52215-10, Price Reduction for Defective Cost or Pricing Data (Oct 1997)FAR 52.215-12, Subcontractor Cost or Pricing Data (Oct 1997)FAR 52.215-14, Integrity of Unit Prices (Oct 1997)FAR 52.215.,.15,Pension Adjustments and Asset Reversions (Oct 2004)FAR 52.215 ..17, Waiver of Facilities Capital Cost of Money (Oct 1997)FAR 52.215-18, Reversion QrAdjustment of Plans for Postretirement Benefits

(PRB) Other Than Pensions (Ju1200S)FAR 52.215"'19, Notification of Ownership Changes (Oct 1997)FAR 52.215-23, Limitations on Pass-Through Charges (Oct 2009)FAR 52.216-7, Allowable Cost and Payment (Dec 2002)FAR 52.216.,8, Fixed Fee (Mar 1997)FAR 52.217-8, Option to Extend Services {Nov 1999)[insert 30 days priorto the

date that the final period of performance ends on the contract]FAR 52.219 ..8, Utilization of Small Business Concerns (May 2004)FAR 52.219-9, Small Business Subcontracting Plan (Apr 2008)FAR 52.219-16, Liquidated Damages - Subcontracting Plan (Jan 1999)FAR 52.222-2, Payment for Overtime Premiums (JuI1990) [insert "zero" in

para. (a)]FAR 52.222 ..3, Convict Labor (Jun 2003) ..FAR 52.222-21, Prohibition o{Segregated Facilities (Feb 1999)

1.2 FEDERAL ACQUISITIONREGULATION (48 CFRCHAPTER 1) CLAUSESINCORPORATEDBY REFERENCE.

This contract incorporates one or more clauses by reference, with the same force and effect asif they were given in full text. The full text of a clause may be accessed electronicallyatthlsaddress: http://'NWW.arnet.gev/far. .

HSHQDC-l1-C-OOOOl

13

FAR 52.222-26, Equal Opportunity (Mar 2007)FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of

the Vietnam Era, and Other Eligible Veterans (Sep 2006)FAR 52.222-36, AffirmativeAction for Workers with Disabilities (Jun 1998)FAR 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of

the Vietnam Era, and other Eligible Veterans (Sep 2006)FAR52.222-50, Combating Trafficking in Persons (Aug 2007)FAR 52.222-54, Employment Eligibility Verification (Jan 2009) ,_FAR 52.222-100, Notification of Employee Rights Under the National Labor

Relations Act (DEVIATION 10-03) (Jun 2010)FAR 52.223-6, Drug-Free Workplace (May 2001 )FAR 52.223-14, Toxic Chemical Release Reporting (Aug 2003)FAR 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)FAR 52.226-1, Utilization of Indian Organizations and Indian-Owned Economic

Enterprises (Jun 2000)FAR 52.227-1, Authorization and Consent (Dec 2007) Alt I (Apr 1984)FAR 52,227-2, Notice and Assistance Regarding Patent and Copyright

Infringement (Dec 2007)FAR 52_227-3, Patent Indemnity (Apr 1984)FAR 52.227-9, Refund of Royalties (Apr 1984)FAR 52.227-11, Patent Rights -Ownership by the Contractor (Dec 2007)FAR 52.227-16, Additional Data Requirements (Jun 1987)FAR 52.227-17, Rights hi Data - Special Works (Dec 2007)FAR 52.228-7, Insurance - Liability to Third Parties (Mar 1996)FAR 52.230-2, Cost Accounting Standards (Oct 2008)FAR 52.230-6, Administration of CostAccounting Standards (Mar 2008)FAR 52.232-9, Limitation on Withholding of Payments (Apr 1984)FAR 52_232-17, Interest (Oct 2008)FAR 52.232-20, Limitation of Cost (Apr 1984)FAR 52:232-23, Assignment of Claims (Jan 1986)FAR 52.232,-25, Prompt Payment (Oct 2(08)FAR 52.232-33, Payment by Electroriic Funds Transfer- Central Contractor

Registration (Oct 2003)FAR 52.233-1, Disputes (JuI2002) Alt I (pec 1991)FAR 52.233-3, Protest after Award (Aug 1996) Alt I (Jun 1985)FAR 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)FAR 52.242-1, Notice of Intent to Disallow Costs (Apr 1984)FAR 52.242-3, Penalties for Unallowable Costs (Mar 2001)FAR52242-13, Bankruptcy (JuI1995)FAR 52_242-15, Stop Work Order (Aug 198~) Alt I (Apr 1984)FAR 52.243-2, Changes - Cost Reimbursement (Aug 1987) Alt V (Apr 1984)FAR 52.243-6. Change Order Accounting (Apr 1984)FAR 52.243-7, Notification of Changes (Apr 1984) [insert "60" in blanks in para.

(b) and para. (d)] .FAR 52.244~2; Subcontracts (Jun 2007) (Alt J) (Jun 2007)FAR 52.244-5, Competition in Subcontracting (Dec 1996)FAR 52.244-6, Subcontracts for Commercial Items (Jun 2010) Alt I (Jun 2010)FAR 52.245-1, Government Property (Aug 2010)FAR 52.245-9, Use and Charges (Aug 2010)FAR 52.246-25, Limitation of Liability - Services (Feb 1997)FAR 52.247-1, Commercial Bill of Lading Notations (Feb 2006)

HSHQDC-ll-C-OOOOl

14

HSAR 3052.228-70 Insurance (Dec 2003)

In accordance with the clause entitled "Insurance - Liability to Third Parties" in Section I,insurance of the following kinds and minimum amounts shall be provided and maintained duringthe period of performance of this contract: _

(a) Worker's compensation and employer's liability. The Contractor shall, as a minimum, meetthe requirements specified at (FAR) 48 CFR 28.307-2(a). .

(b) General liability. The Contractor shall, as a minimum, meet the requirements specified at(FAR) 48 CFR ~§.:_~QI-:~(b).

(c) Automobile liability. The Contractor shall, as a minimum, meet the requirements specified at(FAR) 48 CFR 22 2C7-2(c).

(End of clause)

a) The Contractor shall enter the information for the Subcontracting Report for Individual Contracts(formally the Standard Form 294 (SF 294)) and the Summary Subcontract Report (formally the StandardForm 295 (SF-295» into the Electronic Subcontracting Reporting System (eSRS) al_',', ':_::~;S~::2'; .

(b) The Contractor shan include this clause in all subcontracts that include the clause at (FAR) 48 CFR52.219-9.

(End of clause)

HSAR 3052.219·79 Small Business Subcontracting Plan Reporting (Jun 2006)

(a) The personnel or facilities specified below are considered essential to the work beingperformed under this contract and may, with the consent of the contracting parties, be changedfrom time to time during the course of the contract by adding or deleting personnel or facilities,as appropriate.

(b) Before removing or replacing any of the specified individuals or facilities, the Contractor shallnotify the Contracting Officer, in writing, before the change becomes effective. The Contractorshall submit sufficient information to support the proposed action and to enable the ContractingOfficer to evaluate the potential impact of the change on this contract. The Contractor shall notremove or replace personnel or facilities until the Contracting Officer approves the change.

The Key Personnel or Facilities under this Contract:

Todd Davis

HSAR 3052.215~70 Key Personnel or Facilities (Dec 2003)

1.3 U. S. DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION(HSAR) CLAUSES INCORPORATED IN FULL TEXT.

FAR 52.249~6, Termination (Cost-Reimbursement) (May 2004)FAR 52.249-14, Excusable Delays (Apr 1984)FAR 52.251-1, Government Supply Sources (Apr 1984)FAR 52.253-1, Computer Generated Forms (Jan 1991)

HSHQDC-II-C-OOOOl

15

(End of clause)

(End of clause)

HSAR 3052.245 ..70 Government Property Reports [Deviation] (Aug 2008)

(a) The Contractor shall prepare an annual report of Government property in its possessionand the possession of its subcontractors.

(b) The report shall be submitted to the Contracting Officer not later than September 15 of eachcalendar year on DHS Form 0700-5, Contractor Report of Government Property.

Ib) (6)

(b) (0)Name: Patty WolfhopePhone No:E-mail Address:

COTR

The Contracting Officer cannot 8uthorizethe.COTR or any other representative to sign documents,such as contracts, contract modifications, etc., that require the signature of the Contracting Officer.

The Contracting Officer may designate Government personnel to act as the Contracting Officer'sTechnical Representative (COTR) to perform functions underthe contract, such as review orinspection and acceptance of supplies; services, including construction, and other functions of atechnical nature. The Contracting Officer wIll provide a written notice of such designation to theContractor within five working days after contract award or for construction, not less than fiveworking days prior to giving the Contractor the notice to proceed. The desiqnation letter will setforth the authorities and limitations of the COTR under the contract.

(End of clause)

HSAR3052.242·72 Contracting Officer's Technical Representative (Dec2003).

The Contractor shall not publish, permit to be published, or distribute for public consumption,any information, oral or written, concerning the results or conclusions made pursuant to theperformance of this contract, without the prior written consent of the Contracting Officer. Anelectronic or printed copy of any material proposed to be published or distributed shall besubmitted to the Contracting Officer.

HSAR 3052.242-71 Dissemination of Contract 1nformation (Dec 2003).

(End of clause)

The Contractor shall be entitled to reimbursement for pre-contract costs incurred on or after 12October 2010 in an amount not to exceed $115,100.00 that, if incurred after this contract hadbeen entered into, would have been reimbursable under this contract. ' .;

HSAR 3052.231-70 Precontract Costs (Dec 2003)

(End of clause)

HSHQDC-II-C-OOOOI

16

J.1 STATEMENTOF WORK.J.2 INDIVIDUAL SUBCONTRACTINGPLAN.

SECTIONJ •LIST OF ATTACHMENTS

PART III ~LISTOF DOCUMENTS,EXHIBITSAND OTHERATTACHMENTS

(END OF SECTION I)

HSHQDC-II-C-OOOOl

Distribution is authorized to U.S.Government agencies only. Contains informationthat may be exempt from public release under the Freedom. oflnformation Act.Before this SOW is released to the public, approval is required by the Department ofHomeland Security Directorate of Science and Technology.

1

This effort will require a hardware (HW) and software (SW) configuration development.

The scope of this work will encompass research. development, test and evaluation of a3D facial optical surveillance system that will enable multi-subject identification at adistance using a smart optical sensor augmented with range measurement, infraredacquisition (IR), and mobility. for image acquisition and a fast compute engine tor imageprocessing and matching. The distance goal of the 3D Face system will be 100 meters.

The Statement of Work (SOW) in the contractor's revised proposal titled "BiometricOptical Surveillance System (BOSS) at Stand-off Distance". dated 15 September 2010. isincorporated by reference and is in full force and effect The following provides asummary of the scope of work described in the proposal. DHS \\"111give technicaldirection at various design decision points throughout the contract. .

II. Scope of Work

The output from these acquisition devices must be usable tor searches of large-scalebiometric databases (1 to many) and/or verification against a previously taken biometricsample (1 to 1)_

The Department of Homeland Security (DBS) recognizes the need for commerciallyavailable 3D biometric facial imaging systems that effectively collect data samples fromsubjects under a variety of circumstances. The DHSis responsible for the biometricidentification of persons to determine if persons entering areas are currently on federalwatch lists. To accomplish this task, DHS components require the ability to positivelyidentify/screen individuals in a secure. efficient, accurate. and timely manner. Thisability encompasses the collection, storage, transmission, and receipt of biometric andbiographic datato support the component missions. The resulting capability will beportable and operable in a wide variety of areas and conditions (i.e. day/night arid/humidclimates. hot/cold temperature extremes).

I. Back2:round

", '.,

l;.S. Department of Homeland SecurityScience and Technology Directorate

Human Factors/Behavioral Sciences DivlsionPR RSH F-10-00056

Statement ofWork forBiometric Optical Surveillance System (BOSS) at Stand-off Distance

Broad Agency Annou ncement (BAA) No.1 0-01

Distribution is authorized to U.S.Government agencies only. Contains informationthat may he exemptfrom public release under the Freedom ofInformation ActBefore this SOWIs released to the public, approval is required by the Department ofHomeland Security Directorate of Science and Technology.

2

o Hardware Configuration Items - HWCI2 BOSS systemsconsisting of:

(quantity 1) Complete System with refined form factor and ergonomicswith allcapability developed within contractor site. the system will undergotesting during the final stages of the period of performance and willpartake in final testing.

(quantity 1) Testing System, with same capability as the Complete System, forresidence attesting facilities selected by DHS. This system will be used totest the BOSS system developments at quarterly intervals. It is also subjectto upgrades to coincide with the Complete System's developments.

e Software Configuration Item - SWCIo Including Electronic Source Code

e Monthly cost and performance reportse !RB Approval Lettero Quarterly Interim Process Reviews (IPRs)e Concept of Operations Report.o System Acceptance Test Plane System and Pilot Project Test Results Reports

Deliverables

The contractor will conduct up to 8 quarterly tests of the 3D system. Up to 6 of these arcto be controlled characterization tests (2-Day), the 7th is to assess 3D facial recognitiontechnology, and the 8th is a controlled test (2-Day) followed by a live event field trial (1-Day). The contractor will prepare test plan/procedures tor each test and a report for theresults of each test. The contractor will apply for Institutional Review Board ORB)approval for collection of hutnan biometrics samples. 'The contractor will trainoperational users on how to use the 3D system and the operational users will run the glhlive test. The contractor will conduct and fully support the quarterly tests at PacificNorthwest National Laboratories (PNNL).

The SW will be developed and improved as a scalable identification software systemresiding on the HW and also as a stand-alone software application using the single imageapproach, which takes as input a stereo pair of images from the HW andlor a singleimage from the HW or other external source. The SW will generate and identify a humansubject 3- Dimensional facial biometric signature at stand-off distances up to 100 meters.

The !!W will be developed as a pair of 'smart sensor' robotic camera structures to acquireand transmit the biometric data. Additionally, the contractor will provide a remoteprocessing computer system connected via wireless network to the <smart sensor' unitsfor creating and matching biometric signatures.

Distribution is authorized to U.S.Government agencies only. Contains informationthat maybe exempt from public release under the Freedom of Information Act.Before this SOW is released to the public, approval isrequired by the Department ofHomeland Security Directorate of Science and Technology.

G. Deliverabtes. "D1C contractor shallprovide all deliverables identified in this SOWdirectly to the DHS S&1' Technical Representative.

. Before purchasing any individual item equal to orexceeding $5,000 that is required tosupport technical tasks performed pursuant to this SOW, the contractor shall obtain theDHS S&TContracting Officer's prior written consent, If the DHS S&T ContractingOfficer consents to such purchase, such item shall become the property of DHS S&T.The contractor shall maintain any such items according to currently existing propertyaccountability procedures. The DHS S&T Contracting Officer shall determine the finaldisposition of any such items and provide disposition instructions in writing to thecontractor.

F. DUS-Furnished Property. DHS S&T property shall not be provided to thecontractor unless otherwise agreed in a modification to the contract. In such instances,DHS S&T shall maintain property records .

s. Place of Performance. It is anticipated that the work done under t111S SOW willbe performed at the contractor's site and the demonstration area in WashingtonState,

D. DHS-IFurnishcc Facilities, Supplies, and Services. If work at DHS-providedfacilities is necessary t~r the services being performed under this SOW, such facilitiesshall be provided at S&T's office in Washington, D.C Parking facilities arc notprovided, however several commercial parking facilities are located ncar S&T"s office.

C. DUS-Furnished Information. The DHS S&T Technical Representativeidentified in this SOW shan he the point of contact (POC) for identification of anyrequired information to be supplied by DHS S&T.

B. Travel. Travel will be required in the performance of this SOW. The DHS S&TTechnical Representative must approve all travel that is not included in the proposal. Alltravel costs associated with the execution of the tasks indicated in this SOW shall bereimbursed in accordance with the limits set forth in the Federal Travel Regulations,provided the performer provides appropriate supporting documentation.

A. Period of Performance, The period of performance for this SOW will be from [2October 2010 through 11 October.2012. DHS S&T may give subsequent extension _notices to the contractor in writing for further performance in accordance with the tenTIsof the contract.

Kif. Other Contract Details

o Plans and reports in the conduct of 8 quarterly testso Database of not less than 1000 subjects to be delivered to NIST

Distribution Isauthorized to U.S.Government agencies only. Contains informationthat may be exempt from public release under the Freedom Of Information Act.Before this SOW is released to the public, approval is required by the Department ofHomeland Security Directorate of Science and Technology.

4

e S&T Technical RepresentativePatricia Wolfhope, Program ManagerDepartment of Homeland SecurityScience and Technology Directorate

The DHS POCs are as follows:

The contractor maychange the individuals designated as a poe upon notice to DHSS&T of such change.

(0) (6)

o Administrative RepresentativeKrista SharmaEWAGovernment Systems, Inc.13871 Park Center RoadHerndon, VA20171-3251Phone:Email:

(b) (6)

o Technical RepresentativeTodd DavisEVVAGovernment Systems, [nco2413 Nashville Road, Suite 126Bowling Green, KY42101-4101Phone:Email:

Contractor roes are as follows:

!V. Points of Contact

1. Security Requirements. All work performed under this SOWis unclassifiedunless otherwise specified by DBS.

L Funding Requirements." DHS S&T will provide funding to the contractor-inaccordance with DBS's appropriations and available funds.

H. Program Status Report. The contractor shall deliver a monthly program statusreport to the DHS S&T Technical Representative, DHS S&T Contracting Officer, andDHS S&T Financial Analyst containing metrics pertaining to financial, schedule, andscope information, risk information, and performance assessment information of all workperformed hereunder.

Distribution is authorized to U.S.Government agencies only. Contains informationthat may be exempt from public release under the Freedom ofInformation Act.Before this SOWis released to the public, approval is required by the Department ofHomeland Security Directorate ofScience and Technology.

5

DHS S&T may change the individualsdesignated as a POC upon notice to the contractorof such change.

(b) (6)

(b) (6)

e S&T FinancialAnalystMichael KimContractor in support ofDepartment of Homeland SecurityScience and Technology DirectoratePhone:Email:

(b) (6)

(b) (6)Phone:Email:

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!II

!

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I[ .I

For the PeriodDate of 1\ward through 24 months

(b) (6)

Mr. Duane SchatzDepartment of Homeland Security

Science & Technology Acquisition Division245 Murray-Lane SW, MS 2100Washington, D.C. 20528-2100E-mail:

to

submitted by

EWA GOVERNMENT SYSTEMS, INC.13873 Park Center Road, 5th Floor

Herndon, VA 20171

INDIVIDUAL SUBCONTRACTING PLAN(EWAGSI-SBP-09-21-10)

DEPARTMENT OF HOMELAND SECURITYfor the utilization of

SMALL BUSINESS (SB), SMALL DISADVANTAGED BUSINESS (SDB), WOMAN­OWNED SMALL BUSINESS (WOS.B), mSTORICALLY BLACK COLLEGES ANDUNIVERSITIES AND MINORITY INSTITUTIONS (llBCUIMI), CERTAIN SMAJJIJ

BUSINESS CONCER.!.'lSLOCATED IN "HiSTORICALLY UNDERUTILIZEDBUSINESS ZONES"{HUBZone), VETERAN-oWNED SMALL BUSIl'TESS(VOSB), AND

SERVICE DISABLED-VETERAN OWNED SMALL BUSINESS (SDVOSB).

(/?<'V. 6-';;Z'20Q7)EWA Governmenr Systems, Inc.

I

III

iI'!I

II,I

I!~

TABLE OF CONTENTS

1.0 Introduction Page 1

2.0 Definitions Page 1

3.0 Subcontracting Goals Page 2""-'Subcontract Goal Submittal Form Page 3

4.0 Description of Principle Types of Supplies Page 3

5.0 Method Used to Develop Subcontracting GoalsI

Page 3 I6.0 Method Used to Identify Potential Sources Page 4 I7.0 Indirect Costs Page 4 I·I8.0 Subcontracting Plan Administrator Page S I9.0 Encouraging Small Business Participation Page6

10.0 Clause Inclusion and Flowdown Page 7

11.0 Data Collection, Records and Reporting Page 1

12.0 Good Faith Effort Page 8

EWA Government SyslCms, Inc.

,)

1

"Service Disabled Veteran Owned Small Business (SDVOSB) means a small business concernnot less than 51 percent of which is owned by one or more service-disabled veterans OT, in thecase of any publicly owned business, not less than 51 percent of the stock of which is owned byone or more service-disabled veterans, and the management and daily business operations ofwhich are controlled. by one or more service-disabled. veterans, or, in the case of a veteran withpermanent and severe disability).the spouse or permanent caregiver of such a veteran.

"Historically Underutilized Business Zone (IIUBZone) small business concern ", .as used in thisplan, means a small business concern that has been qualified and certified by the SBA and isincluded on the SBA's List of Qualified HUBZone Small Business Concerns on the SBA'swebsite.

"Concern ". as used in this Plan, means any business entity organized for profit with a place ofbusiness in the United States and which make a significant contribution to the U.S. economythrough payment of taxes andlor use of American products> material, and/or labor, etc."Concern" includes but is not limited to an individual, partnership, corporation, joint venture,association or cooperative.

Il

II·tjI!1{I,i! .I!

"Subcontract" means any agreement (other than one involving an employer-employeerelationship) entered into by a Federal Government prime Contractor or subcontractor calling forsupplies or services required for performance of the contract or subcontract

2.0 DEFL"lITIONSAs per FAR 52.219.9, "«Master plan" means a subcontracting plan that contains all the requiredelements of an individual contract plan, except goals, and may be incorporated into individualcontract plans, provided the master plan has been approved

The following "Plan" is in accordance with the referenced Public Laws and Far 19.702 and isimplemented when required in bidding on United States Government contracts or modificationsat the $550,000 threshold (S1,000,000.00 for construction), except smaIl businesses. 'Inc"Subcontract Plan" is submitted as a part of the bid procedure and prior to the contract award.(Rev. 6/2007)

r:i

IIi!! .!I·

1.0 INTRODUCfION

This Plan will be in effect for the period from date of contract award through job completion andcovers all the offeror's planned subcontracting on a company-wide basis.

".-.'<;

Department of Homeland Security

by

EWA Government Systems, Inc. (EWA GSI)

Pursuant to Public Laws, 99-001 Section 1207, 100-180 Section 806, 102-484, FAR Subpart19.7 and FAR 52.219: this Plan is submitted for the consideration of:

SMALL BUSINESS MASTER SUBCONTRACTING PLAN

!iII·I,jI!j:I

(lie,·.617/2(107)EWA Government Systems, Inc.

What constitutes "Best Effort" under the VO small business category will depend on uniquecircumstances ·for each solicitation; however. at a minimum. the goal for the VO category mustequal the goal for the VOSD category.

2

3.0 SUBCONTRACI'INGGOALS

Reference Far 52.219-9 (d) (1). The goals of this Plan are expressed in terms of percentages forSmall Business, Small Disadvantaged Business. Women-Owned Small Business, IIUBZoneSmall Business and Veteran Owned/Service-Disabled Veteran Small Business concerns, as aratio ofEWA GSrs total anticipated subcontracting on an annual basis.

"Veteran Owned Small Business (VOSS)" means a small business concern not less than 51percent of which is owned by one or more veterans or, in the case of any publicly ownedbusiness, not Jess than 51 percent of the stock of which is owned by one or more veterans and,the management and daily business operations of which arc controlled by one Ormore veterans.

"Women Owned Small Business concern (WOE)" means a small business concern which (a) is atleast 51 percent owned by one or more women; or, in the case of publicly owned business, atleast 51 percent of the stock of which is owned by one or more women and (b) whosemanagement and daily business operation is controlled by one or more women.

"Subcontract', as used in this Plan, means any agreement (non-employer-employee) entered intoby EWA GSI or an EWA GSI subcontractor calling for supplies and/or services required forcontract performance, contract modification, or subcontract.

"Small business subcontractor" means any concern that (a) in connection with subcontracts of$10,000 or less if: including its affiliates, its number of employees does not exceed 500 persons;and (b) in connection with subcontracts exceeding $10,000, if its number of employees oraverage annual receipts, including its affiliates, does not exceed the size standards under FAR19.102 for the product or service it is providing on the subcontract.

II

l1

Iji1

Ir

"Small disadvantaged business concern (SDB)" means a small business concern that is at least51 percent unconditionally owned by one <>rmore individuals who are both socially andeconomically disadvantaged, or publicly owned business that has at least 51 percent of its stockunconditionally owned by one or more socially and economically disadvantaged individuals andthat its management and daily business is controlled by one or more such individuals. This term,using the 51 percent criteria, also applies to Native American tribes and/or Native HawaiianOrganizations.

"Small business concern (SB) " means a concern, including its affiliates, that is independentlyowned and operated. not dominate in the field of operation in which ir is bidding on governmentcontracts, and qualifies as a small business under the criteria and size standards in 13 CPR part121 (see FAR 19.102).

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(Rev.6'27'2OQ7)EWA Government Systems.mc.

...

.)

5.0 METHOD USED TO DEVELOP SUBCONTRACTING GOAI"S

EWA OSI actively maintains relationships with several business concerns in support of the goalsof this Plan. It has been the standard practice of EWA GS! to seek out teaming andsubcontracting arrangements with these and other small businesses whenever reasonably possibleand practicable. The goals identified are based on our past successes in working with smallbusinesses and our commitment to support the intent of the Subcontracting Program. Criteriaconsidered ill the review process included, but not limited to;

On this effort, EW A (is} will utilize the University of Louisville under the large businesscategory for engineering and technical support during this program. In addition, EWA GSI hasincluded vendors and contractors supplying material in support of'the contractual requirements inboth large and small categories. We offer an opportunity for the small business concern to thrivein a business environment similar to which we base our growth. Additionally. we arc able tofoster the relationship, provide guidance, and pursue opportunities to further our subcontractingrelationship:

ta) Total Estimated Contract Value: $5,154,9991b) Total Proposed Subcontracting Dollars: $2,856,841

2) Goal: Dollars PercentLarge Business $2.739,104 96%Small Business ($B) 5117;737 04%

Small Disadvantaged Suslness (SOB) $0 0%Historically Black Colleges and UniverSities

$0(HBCUIMI) and Minority Institutions. 0%Women-Owned Small Business (WQSB) $0 0%HUBZone Small Business (HUSZoneSB~ $0 0%Veteran Owned Small Business (VOSS) $0 0%Service·Disabh~d Veteran Owned (SOVOSB $0 0%

4.0 DESCRIPTIONO}' PRINCIPLE TYPES OF SUPPLIES AND SERVICES TO BESUBCONTRACTED

EWA Plan Number:

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BAA 10-01-F038

Biometric Optimal Surveillance System (BOSS)

At Stand-Off Distance

EWAGSI-ISBP-09-21-10

Proposal Number:

BAA Number:

ProgramName:

MM'-....";

EWAGovernment Systems, Inc.Small ISmall Disadvantaged IWomen-Owned I HlJBZone I Veteran Owned /

Servic.:eDisabled Veteran Owned Smail Business ConcernsSubcontract Goal Submittal Form

Contract Goals for Public Law 95-507, as amended

1

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EW A Government Systems, Inc,

4

Indirect and overhead costs are not included in this subcontracting plan.

7.0 INDIRECTCOSTS

1

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Source lists have been developed. These lists arc made available through the Small BusinessLiaison Officer. Small Business information is maintained by technical specialty and type ofsmall business. The source lists were developed hy conducting research on the SBA website,participation in trade shows, seminars, workshops, and mentor protege programs targeting smallbusinesses and by establishing relationships with organizations which directly support thedevelopment of small businesses (e.g., George Mason University, P'l'AP program and MinorityOnline Information Services ((MOLlS").

Resources have been identified. The SBA Commercial Market Representative. DoD RegionalCouncils for Small Business Education and Advocacy, the CCR, SBA TcchNet, NationalMinority Purchasing Council Vendor Information Service, Office of the Minority Business DataCenter in the Department of Commerce and SADBU's are organizations and systems available asresources.

The methods used to identify potential sources for solicitation purposes are further describedbelow and in the sections describing the duties of the EWA GSI Small Business Liaison Officer.

6.0 METHODUSEDTO IDENTIFY POTENTIAL SOURCES

• Review of the solicitation statement of work• Identification of the requirement for goods and serviceso Identification of the potential to subcontract for goods and services• Identification of potential suppliers

~". 6-:17Jl(Jlfl)EWA Government Systems, Inc.

(f) Ensure corporate representation at Small Business Opportunity Workshops, MinorityBusiness Enterprise Seminars, trade fairs. procurement conferences, and other similarconferences.

(e) Monitor progress toward attaining the goals of the plan and implement appropriateadjustments and management actions to facilitate remedial actions to promote attainment ofgoals.

(d) Oversee the establishment and maintenance of contract and subcontract award records tosubject concerns and consolidation of such award data within a tracking system.

(c) Facilitate the development and promotion of corporate-wide policy initiatives thatdemonstrate support for awarding contracts and subcontracts to subject concerns.

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(b) Review EWA GS}solicitation terms and conditions to ensure they are sufficiently written to 'attract maximum responses from these concerns.

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(a) Establish percentage goals with the Contracts Administrator on each subjcct contract for:

'" Small Business Concerns (SB).• Small DisadvantagedBusiness (SDB).• HURZoneSmall Business (HSB).• Women Owned Small Business Concerns (WOSB).• Veteran Owned Small Business (VOSB); and• Service Disabled-Veteran Owned Small Business (SDVOSB) Concerns

Duties: The Small Business Liaison Officer's general overall responsibility for thesubcontracting program, i.e., developing, preparing, and executing individual subcontractingplans and monitoring performance relative to this particular plan. SBLO will also insureincorporation of Item 10.0 below on individual plans. These duties may include, but arc notlimited to the following activities.

8.0 SUBCONTRACTING PLANADMINlSTRATOR

The following Small Business Liaison Officer is responsible for the management andadministration of the EWA GSI subcontracting program:

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•. l(b) (6)

Mrs .•Janice CrossContracts AdministratorEWA Government Systems, Inc.13873 Park Center Road, 5th FloorHerndon. VirgiPhoneFacsimileE-Mail

(Ra.671(200;)EWA Government Systcms, Inc.

6

In addition to the above, EWA OSI shall:

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(c) The Contracts Administrator, with the Small Business Liaison Officer shall assess theavailability of subject small business concerns through public information resources andminority outreach efforts to include, but not limited to, the following:

• Attendance at small and minority business conferences and trade shows.• Utilize the offices of the Small Business Administration. the CCR, and Tech-Net systems,

and the Business Development Offices of respective agencies to assess the availability ofsubject concerns. (Rev. 612007)

• Contacting minority and small business trade associations.• Contacting commercial business development organizations.<II Utilize newspapers and magazine ads to encourage new sources.o Make available corporate facilities and resources as appropriate.

(d) The Contracts Administrator, with the Small Business Liaison Officer. will fairly evaluateoffers received from subject concerns using criteria including, but not limited to, thefollowing:

• quality levels for the goods or services;• price competitiveness;• delivery methods, timing and costs;tit service and support reputation and performance; andIt past performance.

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(c) The Contracts Administrator, with the Small Business Liaison Officer, shall provide acompetitive opportunity for these concerns to qualify for, and earn, a share of the current andlong-term subcontracts.

(b) The Small Business Liaison Officer will review and verify eligibility of suggested smallbusiness concerns. Sources include:

• United States Small Business Administration Regional Office and thc'CCR (Rav 612007)

'> Association of Purchasing Management - Minority Committeea Association of Commerce - Minority Purchasing Council• Directories received or subscribed

(a) EWA GSI will develop, maintain, and have on me for Buy<.'TSa Small Business Vendor Listand database identifying small business concerns.

9.0 ENCOURAGING SMALL BUSINESS PARTICIPATION

Small business concerns shall be afforded a reasonable opportunity to compete for allsubcontracts in support of government prime contracts and in support of corporate needs for thedaily operation ofEW A GS! on an ongoing basis. This shall be supported to the extent that thesebusiness concerns can provide goods and services consistent with the interest of EWA GSI andthe government

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(11"•. 6'17'lW)EWA Government Systems. Inc.

(d) EWA GSI will submit periodic reports when requested by the government to allowevaluationof thePlan compliance.

(c) EWA GSl as a form of record keeping will maintain a database oj subcontractors to includethe business size representation, type of business concern, and subcontract dollars awarded.

(b) EWA GSI will accurately measure the extent of participation by these concerns in terms oftotal value of government contracts in relation to total value of subcontracts under this Plan.

(a) Each prospective subcontractor shall be required to submit written representation andcertification of.small business status.

To achieve the goals of this Plan, it is necessary to implement and maintain data collectionrequirements in order to measure the extent of participation by the subcontractor concerns underthis Plan. The following activities are intended to support this effort,

11.0 DATA COLLECTION. RECORDS AND REPORTING

EW A GSI agrees that the clause will be included and that the plans will be reviewed against theminimum requirements for such plans. The acceptability of percentage goals for small business,HUBZonc small business, small disadvantaged business, women-owned small business, veteran­owned small business, and service-disabled veteran-owned small business concerns must bedetermined on a case-by-case basis depending on the supplies and services involved, theavailability of potential small business, including all classifications and prior experience. Oncethe plans are negotiated, approved, and implemented, the plans must be monitored through thesubmission of periodic reports, including Individual Subcontracting Reports and SummarySubcontracting Reports through the eSRS website www.csrs.gov.

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10.0 CLAUSE INCLUSION AND FLOWDOWN

Under FAR 52.219~9(d) EWA GSI ensures that it will include the clause FAR 52.2J9-R,"Utilization of Small Business Concerns" in all subcontracts that offer further subcontractingopportunities. EWA GSI will also require all subcontractors, except small business concerns,that receive subcontracts in excess 0[$550,000 ($1,000,000 for construction) to adopt a plan thatcomplies with the requirements of FAR 52.219-9 (ALT Il), "Small Business SubcontractingPlan".

[:,.II

(b) Provide notice to subcontractors concerning penalties and remedies formisrepresentations of business status as a Small Business concern.

(c) Ensure that subcontractors agree to submit Individual Subcontracting Reports andSummary Reports through the eSRS website..

(a) Provide for timely payments to subcontractors. EWA GSI Subcontract agreements statepayment will be made within (5) days of receipt of payment by Prime Contractor unlessotherwise stated in a specific subcontract.

EWA Government Syslems, Inc.

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12.0 GOODFAITHEFFORTThis Subcontracting Plan reflects EWA GSl's corporate commitment to support thegovernment's initiatives and P.L. 95-507, by providing the maximum practicable opportunitiesfor subcontracting with small business concerns by providing an equitable opportunity tocompete for EWA GSI subcontracts. It is intended that this Plan demonstrate awareness andsupport for the maximum utilization of Small, Small Disadvantaged, Women-owned, I IUBZone,Veteran-Owned small business concerns and Service Disabled Veteran owned business concernsas subcontractors for government contracts. EWA GSI supports this effort as matter of nationalinterest with both social and economic benefits. EWA GSI fully appreciates that when acontractor fails to make a good faith effort to comply with a subcontracting plan, these social andeconomic objectives arc not being fully achieved and in accordance with 15 usc 637 (d) (4)(F),liquidated damages may be assessed against the contractor.

1) A record of the individual buyer's or Liaison Officer's small business minorities interviewsand on site visits, to performance to evaluate compliance.

k) Copies ofpur chase orders issued on subject contracts.

j) Copies of quotation requests issued to subject small business concerns.

iI

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i) A log of all purchase orders is maintained to include:

i) Purchase Order Numberii) vendor name, city and state shown on purchase orderiii) name of product; andiv) total dollar value.

h) The Small Business Liaison Officer shall facilitate the filing of records to document anddemonstrate support through publication of internal guidance and encouragement providedto technical managers through (i) internal correspondence, workshops, seminars, and trainingprograms; and (ii) monitoring of activities to evaluate compliance.

(f) The Small Business Liaison Officer shall document its good faith efforts of encouragementand outreach to subject small business concerns via the following record-keeping process:

(i) Utilization of the CCR and Tech-Net. (Re ....612oo7)

(ii) Listing of sources guides and other identification media.(iii) Number and type of organizations contacted in an effort to locate small business

concerns.(iv) Listing, on an individual contract basis, each subcontract solicitation resulting in an

award of more than $100,000, indicating whether or not Small, Small Disadvantaged,Women owned, HUB Zone, Veteran owned business concerns, and Service DisabledVeteran owned business concerns were solicited, and ifnot, why.

!I·

(e) EWA GSI will cooperate with any studies or surveys, when requested, by the governmentrelative to this Plan.

-,(R.v.017!1()07)EWA Government Systems, Inc.

- Contracts(b) (6) • - • -

Continued

The purpose of this modification is to e~tend the period of performance at no additionalcost. Aooordingly, the cootract is modified as follows:

(1;) (6)

. 14. 1)t;80RlPll0M OF IIM~MPMem-IMODI~JQATION(0!V6riIO!l by UCI'~ ~~B, (m;I1ldI/'lQ 6C1k1tdiio~(/1)Of eUII/M1moilerwh«& ""liia)DO~S Number, 103197583+0000Division; Human Faotorsproqraml NQn~Cooperative aiometricsproject: Biometrics Optioal Surveillance Systom (BOBS)Performe~l EWA Government Systema, Inc,~ro9ram Managerl Patricia Wolfhope SML ..Lead Support gta~fl Ryan Bednar'.

OJoCF.cKONII.A. 'rHISOHANGIlOIUlERI8 Is8U!;OPUMUAtlTTO: <SrnaityDlJlhor.lY) THE CHANGESSlrrFORTK IN ITEM1~AAEMllDEIN1HE CONTRACTORDen NO. IN ITEM 10f\. •

II. THf: AOOYeNUIABEREQootITGACT/ORDm ISMOf)~EO TORE!'LECTTliS AOMlHIBTRA'TJIJEOtwlGES(~VM e$~~~'IIIp«y/IlqOi1lolJ.epprnprlol/oit d!~.elc.} !lET FOR11i IN ITEM (4, P\lRtruANTTO ni E IIUlliOruT'f OF fAR ~8.1Oatb~

y. . . - " .t\~II!WE.~tiUt!ijtflf'{EtiiRf.o~t;JRst)~Tbit$iORiTY.a~x ~AR Cla~se ~2.243-2 Changea-Cost aeimbu~sement. (AUT V}

1~, THl8IT£M ONLYAPPUE~ TO'Mooll'(lATIOHOf CONTRA~TalOfU)I!RS. ITMOOI~(£S ttiEOOH'I'AAOTj(j~~ NO, '" DIiSCRIlIIlO IN ITIIM14.See Schedule" .'

ClThuboyo num!>ar.d lIo(l4illiIOQn(1IIII\ended ••• ot fOltlln 11«111-40TIle hour 8I'd cbIa ape«tlodb;rocolliiof oirore Ole ~lIl'Itisd. C1l&nD1~KI.ndt<l.otIIttt lRIIat aoi<nowllldga ~iIll Ii1hI. amenql1'lelll psfor to IhallllU(1II\d dalO .pedJIo4 In IhOeoIioI!auon or at emol\lkl!l. by 0lI0·01 QlB r6llowlng ma!l1QlMi (Il) ElyCQII\piIJUnglktmt Oend 1fl, 8nd rolumln; '. 001'1".011111> IIII1l1ndmMl;(b) Ily ROil1\OW"'~gInQItlCI!tpI Dlll1lB..-n.ri:lmerA Cfi ellOll copy clint otIor Bimmll8d: or (~) Bylllpe!alo lollar cr I$fI1Ilm 'tYhloli In~ar.r;renoe 1011\0 aoUal~Uoll9lld all'londnl~1 ~ I'AII.IJRS OFYOURMlI<NOWi.EDOI!:MENT TO liE RF.OEIV50 AT'"THEPlACE DEBIQNA.TEOFORT1'E RECElf'T Of OFFERs PRIORTO THt: HOU~ANDPAn; SPECIF1EIHh\Y Rt;St!l.T ~ ReJEC1lOtlOF YOUROFFER WIly'It\ue 0( !hlumlllldJnU1l}'Ou deslro 10 chM(j& 'In oIrfIl oin>llllyJubmltlEIIl,.~ 0Iwlge m.y be IllUde by '.legnrn«IeIIw, pI'Ovldecfeach \S90nnn (It IIIIIcr mtIlIoa 1II1_eo11> II!e ~ ~ndW!J IJIltndmlllC, end IUlIOItled prior to 1118opeI1lna hoUI8fX! daIo '!*I1It«.

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OOP.Il. 1031S75830000

EW~ GO~RNMmNT SYSTEMSI~CATTN ~THaYN VONHOmNE13873 PARK CENTER ROADHERNDON VA 201713223

U.S. Oept. of Homeland SeourityOffioe of_Procurement OperationsS&T Aoquisitions Division246 MurraY'Lane, SWBuilding 410Washington DC 20526

'tD.HS/O.I?O/S~'l'/E~9~.~ ISSUED'SY '1I1e}

U,S, Dept. of Homeland securityOffice of Proeur~ent OperationsS&T Acquisitions.Division245 Mur~ay Lane, SWBuil<1ing 410W~b{ngtQ~ DC 20528

&. I'!:oTtV!;om

Saa Block 16C!?OOOfll

. AMENOMBNT OP SOLICITATION/MODIFICATION OF CONTRACT

2

OPTIOW\L FORM33e (4-86)Spon•• ,.. byGSAFAR (~eCFR)53.110

UNIT-PRICE(E)

QUANTllY UNIT(e) (D)

Except as modified herein, all other terms andconditions remain in full force and effect.AAP Number: N/A DO/DPAS Rating: NONE-Period of Performance: 10/12/2010 to 11/16/2012

The total obligated amount remains unchanged at$5,155,000.00.

Estimated Cost: $4,666,364.00Fixed Fee: $468,636.00Total CPFF: $5,155,000.00

The contract ceiling remains unchanged and is asfollows: '

Under Section F Deliveries or Performance,paragraph F.3 entitled Period of Performance-ischanged to read: The period of performance ofthis qontract shall be from 12 October 2010through 16 November 2012.

AMOUNT(F}

SUPPLIES/SERVICES -(B)

lTEMNO.

(A)

NAMEOF OFFEROR OR CONTRACTOREWA GOVERNMENT SYSTEMS INC

REFERENCE NO. OF DOCUMENT BEING CONTINUED?ONTINUATION SHEET HSHQDC-ll-C-00001/POOOOl

--

FOlA Exemption 4 protects trade secrets and commercial or financial information obtainedfrom a person that is privileged or confidential. The courts have held that this subsectionprotects (a) confidential commercial information. the disclosure of which is likely to causesubstantial harm to the competitive position of the person who submitted the information and (b)information that was voluntarily submitted to the government if it is the kind of information thatthe provider would not customarily make available to the public. The information withheldconsists of per unit COSIS. The release of this information would provide a roadmap forcompetitors to manipulate future costs for contract bids.

A search for documents responsive to your request was conducted in the S&T Resilient SystemsDivision. A search of archive tiles and computer network drives for the terms BOSS technologyand Biometric Optical Surveillance System produced 26 pages. Of those pages. I havedetermined that 15 pages of the records arc releasable in their entirety. II pages are partiallyreleasable, and zero pages are withheld in their entirety pursuant to Title 5 U.S.C. § 552 (b)(4)and (b)(6). Enclosed are 26 pages with certain information withheld as described below.

This is the final response to your Freedom of Information Act (FOJA) request to the Departmentof Homeland Security (OIlS). Science and Technology Directorate (S&T) datedFebruary 19.2013, and received by this office on February 25. 2013. You are seeking: "1) allcontracts with the Pl'--fNLand any other researchers or companies for the development of BOSStechnology; 2) all statements of work associated with BOSS technology: and 3) all technicalspecifications related to BOSS technology:'

Dear Ms. McCall:

Re: S&T 13-04,2013-STFO-000IO

Ginger McCallDirectorElectronic Privacy Information Center1718 Connecticut Avenue NW, Suite 200Washington, DC 20009

June 3,2013

Science and Technology

L .5. Department or Homeland SecurityWashington. DC 20528

Enclosures: 1) Inventory Sheet for Final Response, 1 page2) Responsive Records. 26 pages

Katrina Haganr01A Officer

If you need to contact our office again about this matter, please refer to S&T 13-04,2013-STFO-OOOIO. This office can be reached at stfoia@hq.dhs.gov or (202) 254-6342.

Provisions of the FOIA [AND PRIVACY ACT] allow us to recover part of the cost ofcomplying with your request. In this instance, because the cost is below the $1~ minimum, thereis no charge.

The Office of Government Information Services (OGIS) also mediates disputes between FOIArequesters and Federal agencies as a non-exclusive alternative to litigation. If you are requestingaccess to your own records (which is considered a Privacy Act request), you should know thatOGIS does not have the authority to handle requests made under the Privacy Act of 1974. If youwish to contact OGIS. you may email them at ogis@nara.gov or call 1-877-684-6448.

You have a right to appeal the above withholding determination. Should you wish to do so, youmust send your appeal and a copy of this letter, within 60 days of the date of this letter, to:Associate General Counsel (General Law), Mail Stop 0655, U.S. Department of HomelandSecurity, Washington. DC 20528, following the procedures outlined in the DHS regulations at 6C.F.R. § 5.9. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIAand DHS regulations are available at www.dhs.sov/foia.

FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files therelease of which would cause a clearly unwarranted invasion of personal privacy. This requires abalancing of the public's right to disclosure against the individual's right privacy. [The types ofdocuments and/or information that we have withheld may consist of birth certificates.naturalization certificates. driver license. social security numbers, signatures. telephonenumbers, home addresses. dales of birth, email addresses, or various other documents and/orinformation belonging (0 a third party that are considered personal.] The privacy interests ofthe individuals in the records you have requested outweigh any minimal public interest indisclosure of the information. Any private interest you may have in that information does notfactor into the aforementioned balancing test.

Page 1

Record Number Number of Pages Title of Record Record Date Exemption

Signed Contract with ElectronicWarfare Associates, Inc. (EWA)*1 33 with Statement of Work (SOW) 11/9/2010 4,6,

Signed Contract Modificationwith EWA for No Cost Extension*2 2 (NCE) 9/21/2012 4,6

BiometricOptical Surveillance System (BOSS) at Stand-OtfDistance*3 49 Proposal No Date 3.6

SignedContract with Pacific Northwest National Laboratories4 3 (PNNL) for BOSS testing 9/15/2010 6

5 3 Signed Contract Modificationwith PNNL for NCE 7/16/2012 6PNNL StandofTTechnology Integrationand DemonstrationProgram

6 20 (STIDP) SOWwith BOSS facial recognition testing 7/13/2010 4,6

* Records 1-3previousl addressed in the interim response.

.

U.S. Department of Homeland SecurityScience and Technology Directorate

Inventory SheetST FOIA 13-04, 2013-STFO-OOOIO, Final Response

IIUNITPRICE

PAVloIENI PAOv\SION9

ALC: 8-1513APPS: 70)(0800

DESCR~PTION: The purpose of this Department ofHomeland Securit.y Ir:teragency r.greement thePacific Nortiwest National Laboratory is toprovide funding for Field TesLing of ExplosivesContir.ued ...

NOTICE TO SERVICING AGENCY: Please sendcountp.rs~gned InteraMr. Eric Peterson atto Mr. Aaron H. Ford

ITE.IotI'lO,It.

OIWlTlT'f

'" N:.G0UIIT1N0 DATAREI017J-OOO-RM-70-00-00-000-01-00-0000-00-00-00-00-GE-O£-25-50-000000

II.SIft'!'UE.&'SElMCU

OF DPB6VBIEDA&PA

".PROJECT 10PB/VBIEO DETECT

Il.I.£GISVoT1ll£ AUTliORllYSection 309 of the Homeland Security Act of2002, Public Law 107-296 (6 U.S.C. 189).

Department of Homeland SecurityOtfice of Procurement Operations245 Murray Lane, SW

Bldg. 410Washington DC 20528

I I.lHIIOlCE OfFICe

Burlington Fin~nce CenterPO Box 1000SAT.lnvoice.Consolidation@dhs.qovWilliston VT 05495-1000

Eric Peterson

DC 20528

Lane, SWOperations

S: 052368391 +4:

2

4

t. 0EI.JVlRTODepartment of Homeland Securi~y245 Murray LaneBldg. 410Washington DC 20528

souaTATDI NO.

T. ptRXlC)0' PElIIORIoINfCE

05/03/2010 TO 11/03/2012

POe

TE.l!PHONE NO.

IU!QUUTlNO AOENCY

epartment of Homeland Security: 70-08-1513

Gcnice Madera

+4:

350LAND WA 99352

•• taMCINO AOVICVDOE - PACIFIC NORTHWEST NATIONhL LAB

1. EFfECTM! Cl<TE08/11/2010

A_CI<TE08/11/2010

INTERAGENCY AGREEMENT

520,000.00

2OFIWIE

2

Field Testing of Explosives Standoff ScreeningTechnologiesContracting Fee: (1

Add Item 0002 as follows:

Rating: NONED~livery: 11/03/2012

The DHS Technical Point of Contact is as follows:Joe FosterDepartment of Homeland Security

Technology Directorate20528

All work ~hall be done in accordance with thedetailed Statement of Work attached to thisagreement. Applicable terms and conditions tothe Interagency Agreement are attached with theSOW.

B. Except as modified herein, all other termsand conditions of the IAA remain in full forceand effect.

This modification increases the estimated andfunded amounts of the lAA from $750,097 by$520,000 to $ 1,270,097.

A. The purpose of this Department of HomelandSecurity Interagency Agree~ent the P~cificNorthwest National Laboratory is to providefunding for Field Testing of Explosives StandoffSc~eenin9 Technologies Project and extend theperiod of performance end date to November 03,2012. The lAA is modified as follows:

Standott Screening Technologies Project andextend the period of performance end date toNovember 03, 2012.

0002

!MHO

HSHOPM-IO-X-00051/POOOOl

Consistent with the Department of Energy's (DOE's) full costrecovery policy, DOE collects, as part of its standard indirect costrate. a laboratory-directed research and development (LORD) cost.Based on the amount of funds accepted for this project. $23,888represents an estimated amount that will be used for LORD efforts.DHS agrees that LORD efforts provide opportunities in research thatare instrumental in maintaining cutting-edge science capabilities thatbenefit all of the customers at the laboratory. In addition, DOEmanages its LORD program in a manner that will demonstrate thatLORD activities support DHS mission areas commensurate with thefunding provided by DHS. In providing funds to DOE to perform thiswork, DHS anticipates that such activities will support the missionsof the Department of Homeland Security and will be consistent withappropriations acts that provide its funds.

The following statement is added to our acceptance to meet a Congressionalrequirement:

ACCEPTANCE REMARKS - HSHQPM·10·X·00051I P00001

7/16/2012

DATE

13.12. ACCEPTINGACTIVITYU.S. Department of EnergyPacific Northwest Site OfficeP.O. Box 350 (Mall Stop K9-42)Richland, WA 99352

Action authorized to support DOE Project No. 530770

ADDITIONALFUNDS IN THE AMOUNT OF $ ARE REQUIRED (See justification In Block 13)FUNDSIN THEAMOUNTOF s ARE NOTREQUIREDAND MAY BEWITHDRAWN

$0.009.II ITEMSDATEOF OBLIGATIONFOR

d. TOTAL ESTIMATED PRICE e. TOTAL ESTIMATED PRICE$0.00

5. AGREEMENTITEMNUMBER(S)IDENTIFIEDIN BLOCK13.-REMARKS: IS NOTACCEPTED(IS REJECTED) FORTHEREASONSINDICATED.

ALL ITEMSWILL BE PROVIDEDTHROUGHREIMBURSEMENT (Category I)ALL ITEMSWILL BE PROCUREDBYTHE DIRECTCITATIONOF FUNDS (Category II)ITEMSWILL BE PROVIDEDBY BOTHCATEGORY I AND CATEGORY II AS INDICATEDBELOWTHEACCEPTANCE,FOR CATEGORY I ITEMS, IS QUALIFIEDBECAUSEOF ANTICIPATEDCONTINGENCIESAS TO FINAL PRICE.CHANGES INTHISACCEPTANCEFIGUREWILL BE FURNISHEDPERIODICALLYUPON DETERMINATIONOF DEFINITIZEDPRICES,BUT PRIORTO SUBMISSIONOF BILLINGS.

a. I8lb. 0c. 0d. 0

4.

on Agreement)AMOUNT (as2. AGREEMENTNUMBER

O-X-00051121.

DEPARTMENT OF ENERGY· PNSO ACCEPTANCE

FUNDSTO BE PROCUREDBY DIRECTCATEGORY II

7.

5

2'UNIT PRice

22AMOUNT

NAME AND T'T~E

SIG~TURE OF GOVERNMENTREPRESENT"TIIIE(SERVICING)

TOTALAMOUNT23 PAYMENT PROIllS1ONS

A. The purpose of this modification ':0 DepartmeContinued

at

NOTICE TO SERVICING AGENCY: Please send thecountersigned Interagency Agreement modificatvia email to Mr. Peter Nielsen at

and to Mr. Aaron H.

18SUPPl.IESlSERVICES

DESCRIPTION:

17ITEM NO

19QUANTITY

ALC: 70-08-1513TAS: 7(:240600

16. ACCOUNTING OATA

See Schedule

"PROJECT nneTO AND EVAL OF DPB&VB!EDA&PA

1~ PROJECT 10

PB!VBIED DETECT

2

OFFICE

Department of Homeland Security

Office of Procuremen: Operations

245 Murray Lane, SW

Washington DC 20528

Section 309 of the Homeland Security Act of2002, Public Law 107-296 (6 U.S.C. 189).

Peter Nielsen

ffice of Procuremen: Operations45 Murray Lane, SWshington DC 20528

I I 1NII0leE OFFice

Burlington Finance Center

PO Box 1000

SAT.lnvoice.Consolidatior.@dhs.gov

Williston VT 05495-1000

10 ReaUESTiNG AGENCY

Department of Homeland SecurityLC: 70-08-1513

DUNS: 052368391 +4:

SOLICit AnON NO

(h)(ntGenice MaderaPOe

TEI.EPHONENO

+4:350D WA 99352

NORTHWEST NAT10NAL LAB

26cII DELIVfRTO

Department of Homeland Security245 Murray Lane, SWWashington DC 20528

7 PERIOD OF PERFORMANCE

05/03/2010 TO 11/03/2013

NO

SEN-12-00191

HSHQPM-10-X-00051/P00002INTERAGENCY AGREEMENT

OFPAGE

2

. Except as modified herein, all other terms anonditions of the IA remain in full force and

ffect.P Number: 64636 DO/O~AS Rating: NONE

CotyDepartment of Homeland Security

Technology DirectorateDC 20528

3. The DHS Technical Point of Contact for the IA

is as follows:

. This modification results in no change toLt her the estimated or funded amounts of the IA.

1. The period of performance end date of the IAis hereby revised to Novenmer 3, 2013 .

odified as follows:

f Homeland Security Interagency Agreement (IA)SHQPM-10-X-00051 is to extend the period oferformance of the IA. Accordingly, the IA is

2OROERNO!MHO

HSHQPM-IO-X-00051/P00002

Updated July 13.2010Pagc I of 13

Distribution is authorized unl~' tu ll.S. gCl\'crnmcnt agencies and their contractors. Contains information thatmay be exempt from public release under the Freedom oflnforrnation Act. Before this document is released to the

public. approval is required by the Department of Homeland Security Directorate of Science lind Technology.

The DHS mission is focused on identifying and integrating standoff detection technologies forperson-borne (PB) and vehicle-borne (VB) IEDs in unstructured crowds at national specialsecurity events, such as presidential inaugurations, national political conventions. celebrations,and athletic events. JIEDDO. which joined DHS as a program sponsor in November 2009. hascommitted to supporting the development and testing of an integrated architecture for standoffscreening of unstructured crowds for person-borne IEDs (PBIED). JIEDDO's emphasis is onthreats that the U.S. military could encounter in unstructured crowds outside the United States,such as outdoor polling places in Afghanistan and Iraq.

Since 2006, STlDP has been acquiring, adapting. and integrating technology solutions to assessthe viability of a conceptual architecture. An early activity was forming the InteragencyStandoff Explosives Detection and Defeat (ISEDD) Working Group, an international group ofgovernment agencies that provides technical and programmatic input to the STIDP and serves as

The Standoff Technology Integration and Demonstration Program (STIDP) was established todevelop and demonstrate an integrated standoff countermeasure architecture for protecting largepublic events from improvised explosives device (lED) attacks. The multi-year program isjointly funded by the U.S. Department of Homeland Security (DHS) Science and TechnologyDirectorate's Explosives Division and thc Department of Defense (DoD) Joint lED DefeatOrganization (JIEDDO).

The STIDP lifecycle involves taking commercially available / near-commercially availabletechnical solutions. evaluating them in stand-alone configurations at various test beds.integrating them into a countermeasure system for testing in prototypic operationalenvironments. and modifying or maturing them to meet architecture requirements. The resultsfrom these assessments and demonstration tests are communicated to government agencies.vendors, industry, and academia to accelerate the development of viable technical solutions.Technology gaps are identified to facilitate government-funded research and development(R&D) efforts.

I. BackgroundPR No. RSEN-l 0-00 136

ForDirectorate of Science and TechnologyU.S. Department of Homeland Security

Explosives Division

Conducted byPacific Northwest National Laboratory

Statement of Work forField Testing of Explosives Standoff Screening Technologies

6

Updated July 13.2010Page 2 of 13

Distribution is authorized only 10U.S. go\'ernment I\gcllcics IIl1d their contractors. Contains information thatmay be exempt from public release under the Freedom of Information Act. Before this document is released to the

public. approval is required by the Department or Homeland Security Directorate of Science and Technology.

Operators from the local law enforcement community were trained on equipment use and threatassessment for potential interdiction of individuals based on sensor data. images, and behavior.Program staff conducted statistically designed tests to characterize the performance of this first­generation countermeasure system. These characterization tests were followed by hypothesis­based field tests. where large crowds of people arriving for five hockey games were screenedusing the countermeasure architecture. Data and other results from the field test were analyzed toevaluate architecture performance and concepts of operations. to identify technology gaps andneeds. and to gage public support. Findings and recommendations were documented for DHSand conveyed to the vendors whose systems were used in the lield tests.

During FY-2009. a second-generation architecture concept was developed to address thechallenges identiticd in the field tests. This concept includes sensor sets lor improved riskmanagement: a computational platform that integrates, controls, records, displays. and managesdiverse sensor systems and sensor data: an object-tracking (OT)module to automate sensoroperation; an operator interface to facilitate situational awareness: a threat/asset module tomanage sensor assets against perceived threats: and improved decision making via the usc ofdata fusion and decision analysis tools. Detailed system engineering analyses. or "deep dives,"were conducted to indcntify technical alternatives for key modules in this second-generationarchitecture. Based 011 these deep dives. responses to nationally publicized Requests forInformation, and other industry outreach. STIDP staff selected the most promising solutionoptions. Due diligence was conducted on the top-tier vendors to evaluate the ability of candidatetechnologies to meet the architecture criteria.

Magnetometers were selected as a potential first-line sensor for area screening. An initial first­line sensor vendor was selected, and technology evaluation is under way to prepare themagnetometer product for testing. Additional magnetometer technologies are also beingexplored. Due diligence. technology selection. and acquisition arc under way for two othermodules in the countermeasure architecture: the baseline software suite (BLISS) and object­tracking.

a forum for leveraging investments in standoff explosives research. development, testing, andevaluation (RDT&E).

In parallel with countermeasure development, STIDP established the Standoff Detection TestBed at the Toyota Center. a 6.000-person multi-purpose venue in Kennewick. Washington. Thisincluded securing the support of stakeholders such as venue and city officials and putting allnecessary documentation in place. including agreements for privacy protection and humansubjects testing.

Based on industry outreach and input from the ISEDD Working Group. commercial technologiesfor the first-generation initial countermeasure concept. including infrared. millimeter-wave. andvideo analytics technologies. were selected for evaluation. Significant efforts were undertaken in2008 to integrate diverse equipment into a system, and to enable operation in the unstructuredcrowd environment at the Standoff Detection Test Bed.

Updated July 13,2010Page 3 of 13

Distribution is authorized onl~ III l.'.S. g(l\'t.'rnment agencies and their cuutractorv. Contains information thatmay be exempt from public release under the Freedom of Information Act, Before chis document is n:Je:uco 10 Ihe

public. approval is required by the Department of Homeland Security Directorate of Science and Technology,

1.01 Technical Coordination

Provide strategic technical coordination support to DHS for the STIDP. and execute thework defined under this SOW. including:

Develop and implement integrated program work plans, schedules. and cost estimatesthat address both DHS and JIEDDO funding and direction.

2. Perform project assessments. and prepare monthly status reports that address theintegrated program,

3, Implement corrective actions as required to respond to DllS directions. and/or toresolve project performance issues.

.J, Provide project controls. information management records management. security,contract management. QA, training, and Environmental Safety and Health (ES&H)services for effective. safe, and secure project operations.

5, STIDP will support National Bomb Squad Commanders Advisory Board (NBSCAB)to develop Large Public Events (LPEs) standard operating procedures andtechnologies to respond to events at LPEs.

1.02 Outreach and Communication

This scope of work provides PNNL services to manage and execute the following tasks:

II. Scope of Work

lhc purpose lor this action j •• to request a change in schedule and cost ~95 additional days ( 1:;months) on the I'crilld ulI'crtonuancc IP<)PI h111ISII()P\!-lo.:\·o()(lSI at a cost ofS.:i20.000,lhis acuon \\ ill extend the 1'( )1' III December I. ~(l12, P'.J\;. requested till.' change in schedule.uul I.'uslIII ordc r III complete additional tasks till' the ad\ anccmcnt and intcgrution or lucialrecognition h:dllllll\lgics into the l'UrI\.'1l1 S"III>P plutlorm rlnu i" bl.·ill!:! developed

Industry and stakeholder outreach continue to identify commercial and emerging technologiesand motivate industry participation. End User Advisory Committees arc being established toensure that the architecture design will address the diverse range of venue requirements andoperations inside and outside of the United States.

The accomplishments described here laid a strong foundation for the FY 10 tasks The tasks.milestones. and dcliverablcs funded in FY10 represent DllS's contribution to the joint program.JIEDDO funds additional work to form the integrated program.

This SOW is issued pursuant to the DOE facility management contract between the Departmentof Energy (DOE) and the Pacific Northwest National Laboratory (PNNL) for research, testing,evaluation, andlor development activities and pursuant to Section J09(a)( I )(c) of the HomelandSecurity Act 01"2002(Public Law 107-296) which authorizes OHS to usc the DOE nationallaboratories and sites on u "work for others" basis.

Updated July 13.2010Page 4 of 13

Distribution is authorized ()nl~' to U.S. ~oH'rnment agenciclI and their contractors. Contains information thatmay be exempt from public release under the: Freedom of Informati011 Act. Before this document is released to the

public, approval is required by the Department of Homeland Security Directorate of Science and Technology,

3. OT technologies

4. Other countermeasure technologies required to implement the system architecture

5. Manage Ieonal support to ST1DP; focus efforts on definition of test protocols andstandoff detection technology catalog for review at (SEDD Working Groups.

6. International Coordination and Technical Assistance to DIIS S&T C-IED - in supportofS&T EXD. lconal Technology under management of Pacific Northwest NationalLaboratory. will undertake the following kinds of activities:

4. Establish and coordinate the Continental United States (CONUS) end-user advisorygroups

5. Provide a briefing on the STIDP for the DHS Industry Day for potential standofftechnology vendors

1.03 Architecture

Define and plan architecture definition activities, develop and refine the countermeasurearchitecture for PBlEDs, and initiate development of a VBlED countermeasurearchitecture. including:

1. Develop and refine the conceptual countermeasure architecture. the countermeasuresystem architecture. the countermeasure deployment architecture. and CONUSconcept of operations (CONOPS)

., Develop and refine associated functions and requirements for the countermeasurearchitecture

3. Characterize representative CONUS venues and crowds as input to the architectureand CONOPS development. Focus initial venue characterization efforts on theStandoffTechnology Test Bed, and establish criteria and methods for characterizationof CONUS venues.

4. Manage the MITRE contract for system engineering services in support ofarchitecture development

1.04 Technology Integration

Define and plan countermeasure technology integration activities, including:

I. Sensor technologies suitable for remote and standoff detection of PBIEDs andVBIEDs

2. BLISS

I. Provide outreach and communication services for the STlDP. including:

Manage ; maintain the STIDt» website

3. Coordinate the ISEDD meetings, and prepare ISEDD briefings / reports

Updated July IJ. 2010Page:' 1)1' 13

Distribution is authorized only tu U.S. gonrnmtnt lI~tndeli and their contractors, Contains information thatmay be exempt from public release under the Freedom of Information Act. Before this document is released to the

public. approval is required by the Department of Homeland Security Directorate of Science and Technology.

1.11(, Fuciul Recognition TcSlillf!,

»>;'11:\1. will flHlIUlf?,C and execute Task I.Ul, - Test facial recognition system!. fur EWAlind anuther vendor at the Standoff Detection Test Bed. Pi\ 1'\ I.will conduct up to ~lIUarl(.'rly rests. l p to (, of these arc controlled characterlzation tests (2-Day) telsupport E\\'.,\·s effnrt« to improve their technnlugy, the 71h is to 'ISSl'SS E\\':\ facialrl'cognitiun technulug~' and unuthcr vendors" 2-1) Iaclal recounition technuluay in acuntrollcd chuructcrization test (2-Day), and tit" 81h is to lest both vendors ill acontrolled tesl (2-l)aq and a lin event field trial [I-Dny]. P]';i\L will contribute tothe 1'011(1\\ ing:

I. Cuurdinute Fadlitie\ :\CCl'SS ,,~ SCIUP- l)e\,l'Iop USCr :tf!,rcl·mcnls. :\I)As, andhigh level test plans rill' two \ endurs. Coordinate testing \\ ith the Tu~ 01n Centervenue management. Conduct a pre-testing planning \'lsil III the To~ 111:1 CenterTesl Bed I'll" euch vendor,

I,OS Test LindEvaluation

Perform countermeasure system integration. and perform test and evaluation (T&E) ofpotential countermeasure technologies. Testing to include:

1. Perform an integrated demonstration of countermeasure technologies at the StandoffDetection Tcsi Bed

2. Prepare test reports

3. Facilitate countermeasure demonstrations by technology vendors identified by DHS

Provide coordination between S&T EXD technology RDT&E. and internationalRDT&E efforts. e.g .. North Atlantic Treaty Organization (NATO) and relevantnational programs.Assist S&T EXD in establishing and executing international RDT&E projects andprograms in support of its missionProvide input into project and program reviews in S&T EXD.Carry out technology assessments

• Provide expertise to road-mapping. gap analysis. strategy and planning activitiesAttend selected conferences at the request of S&T EXt) and provide reports ofrelevant highlights

• Proactively assist in identifying and tracking new technologies of relevance toachieve the S&T EXD missionCarry out assessments of specific external R&D projects, companies andtechnologies at the request of S&T EXD

• Provide expertise to support the evaluation of proposals. projects and RDT&EresultsAssist in identifying technical requirements to meet application needs

• Participate as expert in working groups as required.

Updated July 13, lOIOPage () of 13

Distribution is authorized only IfI U,S, gmcrnlllcnt agencil:!>lind their coutracturs. Contains infurmation thatmay be exempt from public release under the Freedom of Infonnation Act. Beforc this document is released to the

public. approval is required by the Department of Homeland Security Directorate of Science and Technology.

Pregriam Element Milestonesilleliverables

1.0) Technical I. Monthly integrated program status reports. due by the ISlh of the followingC(lord inat ion month,

(Pre:\ i\\usl~ I·IIndcd .1.., Updated Integrated Program Execution Plan to reflect FY-II activities. by

11/15/10,

1.01 Outreach and I. ISEDD meetings in March, .July, and November 2010 and March 2011.Comrnunicat ions 2. STIDP Briefing for DHS Industry Day in May 2010.

I (1'1'1:\ i\'lhl~ Funded 1f-1.03 Architecture I. Countermeasure system requirements summary - 3/30110

(I'fl'\ h>lISI~ luudcd 1.., VRIED conceptual countermeasure architecture description - 6/30/103, Reference crowd descriptions - 8/31/10

4. Update the PBIED conceptual countermeasure architecture - 10/15/10

5, PBIED countermeasure system architecture description - 2118/11, 6, Draft PBIED Lexicon - 6/30/10

7, Draft VBIED Lexicon - 10/29/10

1.04 Technology l. Produce test protocols analysis document- 3/30110Intcgration

III. Key Milestones and Deliverables

2, Prepare Test Pluns/Prucedures - For each unique Il'sl cunductcd and for eachvendur, Pi\:\ L " ill rev ie.... the testin~ requirements with the \ cmlor andcuoperativch tlc\c!lIp lest plans and procedures (01'modif ... thnse from prjurtests as uppruprhuc).

J, Facilitate 2-Ua~ System Chnractcrizatinn Testing - Implement vendor-managedtests at the Standoff Detection Test Bed according III the test procedures and testplans dcvclnped in task 2, Fur C ch test. Pl"~L will arrange fur facilities and\\ alkers, brief ..endurs Oil fucilit safl,t~. and prC)'tide thl' testing infrastructurencccssar ... to implement the lcst procedures.

4, Conduct Operutiunal ,\sseSSIlll'nt (Fil'ld Trial) - "'\:\L" ill conduct three daysof tl'sting tel include 1 du ... nf pre-test setup & dry-runs. I da ... of cunrrulledchuractcrizutiun t('sts with designated walkers. and I da ... 1'111'11 lin: event, \\ hiehwill in dude walkers and patrons approuchiug the Test Bed, Pl'i~1. will WOI'kwith h\ II vendor, ttl finalize the test objectives, develop the tcst plans. proceduresand the schedule, Pl"NI. will he trained un the vendor sysh'tt1s and operate themduring the It'sting.

Updated July 13.20 I0Page 7 of IJ

Distribution is authorized only 10 U.S. gO\'crlllucmt agencies lind their coutraetnrs. Contains information thatmay be exempt from public release under the Freedom of Infonnation Act. Before this document is released to thepublic.approval is requiredby the Departmentof HomelandSecurityDirectorateof ScienceandTechnology.

Program Element MilcstoneslDeliverables( l'rev iously Funded) 2. Complete 80S magnetometer testing - 4/30/10

3. Complete planning for second round of sensor testing - 5/14/10

4. Recommend standoff technologies for T&E / integrated PBlEDdemonstration - 6/30/10

S. Produce a test protocol development roadmap - 8/30/10

6. Recommend technologies tor T&E I integrated VB1ED demo - 3/15/11

7. leonal Technologies support to S&T EX0:

Written reports/working papers - Due dates: As required

Monthly Program Report, no later than 8 days after month's end

Final Technical Report. no later than 30 months alter award

1.05 Test & Evaluation I. Initiate the counter measure integrated demonstration - 10/15/10

(Previously lunded) 2. Produce draft test protocols for seeping tests for current standoff detectiontechnologies - 11/15/10

3. Issue integrated demonstration quick-look report - 12/15/10

4. Produce proposed lest protocol standards for current standoff detectionsensors - 2/15/11

5. Issue integrated demonstration rest report - 3/15/1.

1.06 Facial Recognition I. Field Trial Final RCPOl1_, l ligh level SUIIlUlal) or sySICI11performanceTesting based un rd. PI:I. and other quantifiable IIr repouablc outputs produced b~

(Funded h~ this action) the vendor systerus - 11/15/12

Updated July 13.2010Page 8 of 13

Distribution is authorized IlIIly til lJ.S. g(ln~rllmenf lI~cncic!> lind their contractors. Contains information thatmay be exempt from public release under the Freedom of Information Act. Before this document is released to the

public. approval is required by the Department of Homeland Security Directorate of Science and Technology.

................i" ....···:·..·....·..C::=::=i":··

;0~; c=:J;. .

Cl

i...... ; .;. " ~ .. J

I :

: :

Prepare Montnly Reporting (Due 15th 01FOlIow'"9 I.'onln,Update Integril!t"O Pr09ram EXf.'clIIIOnPlanOutreach and CommunicationsPrepare lor March 20 I0 ISEDDcoreuct MarCh 2010 ISEDDPre;lart' lor Jul\' 2010 ISEDDCorl!luct Jut,' 2010 ISEDD (Dalto TBDJPrepare lor November 2010 ISEDDCOnduct JUI>' NOvem[)er ISEDO (OJte: TBD)Preoere lor MJrcn ~OI 1 ISEO('lConouct M.lfCh 2011 ISEOO «(1;11". TBD\Prepar,;, STiDP 60elln9 lor OHS Inou511)-OJ)ArchitecturePrepare Countenneasure svstem Requllement SummaryPrepare 'iBIED Conceptual Counlermeasure AreMeclure pescnotonPrepare Relerence crewe Descnpnonsuocate me PBIED conceptuai countermeasure ArcnuecunePrepare PBIED Countermeasure System Arctlltecture DescnpnonPrepare Dran PBIED LeXiconPrepare Dran VBIED t.exiconTechnology IntegrationPrOduce Test Protocols AnJlyslS DocumeruComptete BOS Magllelomeler Testln9Complete Plalllllng 101 secouc ROUIlO 01 Sensor 1eSI;n9RecommeM sunoon recnnoioees lor T&EtlntelJralel1 PBIED DemoPrOduce iI Test Prolocol neveiccmemROildmapRecolllmeM TecnnOlogles lor lB.!:1 Integrated "BIE.D nemonsnanonTest and EvaluationPrepare lor Countermeasure Integr.:lIed Demo

Initiate countermeasure Illtegrilteo Demo

Prcouce Dran Test ProlOCOISlor Scoplng Tests lor ccrrem TecnnotoqresIssue Inlegratea Demonstranon QUICk·lOOkReoponProduce Proposeo Test Protocol SlaMai'd lor Curren! SLln<lOI:sensorsISSueIntegrate<] DemonstrOlllOnTest Repon

IV. Project TimelineA summary of the tasking timclinc is provided below.

Updated July 13.2010Page 9 of 13

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public, approval is required by the Department of Homeland Security Directorate of Science and Technology.

Program CapitalProgram Element I Element EquipmeProject Funding Labor M&S nt Travel Indirect

4. DHS will provide funding in accordance with DIIS's appropriations and available fundspursuant to the estimated costs allocation outlined below:

(a) For the purposes of Article 4a. of the terms and conditions of this lA, the estimated costover the term of the period of performance is S3.)4lJ.XOO (original costur_'ndfacial recognition ellSI Ill" all additillllal_,).

(b) For the purposes of Article 4b. of the terms and conditions of this IAA. DHS obligatesS:~.:'41).X()I.I for performance of this IAA until 30 (original POP through 06/01/11 andfacial recognition POP of an additional 18 months) months after contract award date.

') Period of Performance. For the purposes of Article 3 of the terms and conditions of this Ii\.the period of performance is for .,0 months from the date of execution of the originallA.DHS rna)' give subsequent extension notices to PNNLlDOE in writing for furtherperformance in accordance with the terms of this approved SOW.

3. Funding Requirements.

V. Other Contract DetailsI. Placets) of Performance. For the purposes of Article 5 of the terms and conditions of this

IA. the work described in the SOW shall be performed at the PNNL offices and laboratorieslocated in Richland. WA. Test and evaluation activities may be conducted at other DllSand/or DOE laboratories and appropriate test locations. including operating facilities. such asconvention centers or rail stations.

....~, .....-..•.....!.....•......~.....~.....- ....

••

o 1001,10'631001,10:3 OlC5n Q.I'OI!l1e.; Co.I C<oI 11 Ot:iJII53 07 0111 ~'2S'"E3 C~':l(HI OI,Ol'1263 01 0-1.12 03301:,63 tiN21: 06<2a,12~3 00'Z5·'12 09<'2712';0 O&:~ 12 '"oa'12,

11-08.,i I

DHS Fund:ng fer Faoal RIl~~IOIIIFR, Te$lt~ ReWt\~ and "pe:rQ.~~Pr~re foe and Suppotl FR C:nlrollid Cn.Jra~tr,zatlon ieil·1 lEWA ,Or6pMI! fCl' and SuWQrt FR Conlro~ ::~anctefWIttcn 'e\l·: IEWA,orepsre fer a'ld Suwort FR Controlled Cnaraaerza:.Q1'\ Tw·3IEW;',;lrepsre fOi and Suppor1 FR Wtlrolled Cnaracterza:!on TO$l": lEW .. !Pr\ipare foe and SuWCl1 FR Conlrolled CharaaellZill,on T&,,·5 lEW;",;lrepare fer and SUPPCI1FR ::Cntrcfled :~,araC!e~Z!hOn Teit-OIEI'IA,Prepare for and S~ppOf'l FR COn1rofiedCharaatrzal,on Te&t·7,EW;'.':&necr,Prepare fer and CQnduCl FP. Conlrol:ed Tes!-8 ,EWA.·:el\dorlPrepare F'e1d Tna! Filla: Pepc~Field Tna! ;:ina] Repc,n CO'T1p:e!e

Updated July 13.2010Page 10 of 13

Distribution is authorized only to l:.S. gO\crnmcllt agcncics lind their CCIII tractors. Contains information thatmay be exempt from public release under the Freedom of lnformation Act. Before this document is released to the

public, approval is required by the Department ofHomclnnd Security Directorate of Science and Technology.

3. Travel. Travel to DI-IS headquarters, DI1S contractor's facilities, test and evaluation sites, orother national laboratories will be required in performance of these duties. Foreign travelmay be necessary to plan joint test and evaluation programs. The DIIS Director and the OBSS&T Special Assistant for International Policy must approve all foreign travel in advance.

4. Invoices. PNNL will deliver a monthly invoice to ST.lnvoicing@hq.dhs.govon the 15th dayof each month.

5. Securrty Requirements.

1. Personnel provided by PNNL will have the skills and technical background necessary tosuccessfully complete the tasks described in this SOW.

2. Deliverables. PNNL will provide all dcliverables identified in this SOW directly to the DHSS&T Contracting Officer's Technical Representative (COTR) and the DllS S&T ContractingOfficer with a copy of the transmittal letter to the Financial Analyst. Status reports should bedelivered to the DHS S&T COTR, DBS S&1' Explosives Business Operations Manager, andthe DHS S&T Financial Analyst as outlined in section 1.04 of the Milcstone/Dcliverableschart.

VI. Special Requirements

5. llHS Furnished Information and Property. DBS information and property will beprovided to PN~L as required to perform the scope of work described herein. DBS willnotify PNN L or any special handing requirements prior to transfer or the information andproperty. Unless otherwise instructed by DBS. DOE shall retain all information and propertyprovided by OilS consistent with DOE and DBS standard terms and conditions. (Seeparagraph 9 Property Disposition in the Standard Tenus and Conditions.)

1.05 Test andEvaluation

1.04 Technologytion

1.03 Architecture

1.02 Outreach andCommunication

1.01 TechnicalCoordination

Updated July 13. 20 I0Pagellofl3

Distribution is authorized "nl~ to U.S. J!cl\'ern,"cnta~t!neic!o and their contractors. Contains information thatmay be exempt from public release under the Freedom of Information Act. Before this document is released to the

public. approval is required by the Department of Homeland Security Directorate of Science and Technology,

The PNNL Points or Contact arc as follows:

PNNL Technical poeNick LombardoP.O. Box 999 MS K6-50Richland. WA 99352Tel:Cell

The DOE Point of Contact (POC) is:

Genice MaderaU.S. Department of Energy. Pacific Northwest Site OfficeP.O. Box 350Rich~'l'cl:_Fax: 509-372-4038

VII. Points of Contact

a. All work performed under this SOW is unclassified unless otherwise specified by DHS.

b. If classified work is required under this SOW. DHS will provide specific guidance toPN!'L as to which work will be conducted in a classified manner and at whichclassification level. If such guidance is not developed, PNNL will use existing andrelevant DOE classification guidance. The current guidance is [)IIS S&T ExplosivesResearch and Development Security Classification Guide DHS seG S&"I"-006, currentcopy Jan 08. signed by Cohen 29 Feb 08.

Updated July 13.2010Page I:! of 13

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public. approval is required by the Department of Homeland Security Directorate or Science and Technology.

DHS S&T Explosives Business Operations ManagerWallieia TapscottS&T EXD - STOP 0206Department of Homeland Security245 Murray LaneWTel:Fax: 202-254-5395

DHSS&TCOTRJoe FosterS&T EXD - STOP 0206Department of I lome land Security245 Murray LaneWTel:Fax: 202-254-5393

The DIIS poes arc as follows:

PNNL may change the individual designated as a poe upon notice to DHS S&T and DOEcontracting officer of such change.

PNNL Financial poePamela CummingsPO Box 999 MS KS-4l

PNNL Resource poeLisa GlaspcllP.O. Box 999 MS K6-50Richland. \VA 99352II.. (office)

fax

Updated July 13.2010Page 13 of 13

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public. approval is required by 1111: Department of Ilomeland Security Directorate of Science and Technology,

None.

VI. Applicable Documents

DHS S&T may change the individual designated as a POC upon notice to PNNL and the DOEcontracting officer of such change.

DHS S&T InvoicingU.S.nus. ICEAnn: S&T EXD InvoiceBurlington Finance CenterP.O. Box 1000Williston. VT 05495-1000SOl'. hwoicinl.! (I,hq.dh!o!,.g!.)~

DHS S&T Financial AnalystOmar CanalesContractor in Support of:Department of Homeland SecurityS&T SBD - STOP 0214245 Murray LaneVol' D.C. 20528-0214

Distribunon rs authunzcd onl~' 10 1'.S.l%un·rnnlt/1I1 U2rncic\ and their contractors, Contains intormation that mayhe exempt from public release under Ihe Freedom (If lntormauon "CI Hcfore this document is released 10the public.

approval IS required by the Depart menI ofIlurneland Security l Iirectoratc ofScience and Technology.

c. The IJHS S&T Technical Representative identified in the Points ufContact section ofthis agreement is responsible for the technical administration of this Agreement. TheDI IS S&1' Technical Representative is not authorized to make any changes thatimpact the cost. schedule or performance of this Agreement without a properlyexecuted change or modification to this Agreement in accordance with paragraph babove.

b. Changes and/or modifications to this Agreement shall be in writing and approved bythe cognizant DHS Contracting Officer and DOE Contracting Officer. No oralstatement by any person shall he interpreted as modifying or otherwise affecting theterms of this agreement.

a. The SOW negotiated between DIIS and the DOE facility management contractor isincluded as an attachment.

2. Statement of Work.

Performance of work described in the attached SOW will be conducted under the terms andconditions of the DOE facility management contract number DE-ACOS-76RLO1830 (facilitymanagement contract). DllS acknowledges that DOE facility management contractors arcprohibited from performing reimbursable work that conflicts with the terms and conditions(T&Cs) of the facility management contract. DOE acknowledges that these T&Cs do not conflictwith DOE-approved facility management contract T&Cs. In the case of conflict between theseT&Cs and the facility management contract, the facility management contract prevails.

• § 309(a)( I )(C) or the Homeland Security Act of 2002. Pub, L. 107-296 (116 Stat. 2135(2002».

• Memorandum of Agreement between DOE and DIIS (February 28, 2003). and• DOE Order 484.1. Reimbursable Workfor the Department of Homeland Security (August

17.2006). including its attachments.

I. Sen'icing Agenc\'. For the purposes of the interagency agreements (IAAs) for the Science andTechnology Directorate (S&T) of the Department of Homeland Security (01-15), reference to the"Servicing Agency" means Department of Energy (DOE) and, when appropriate, DOE'scomponent organization the National Nuclear Security Administration (NNSA). DUS S&T isdirecting its IAAs 10 DOE. not the facility management contractors. The work described in theattached Statement of Work (SOW) will be performed for the Department of Homeland Security.pursuant to

Standard Terms and Conditions

Department of Homeland Security (S& T)Statu/art! Terms and Conditions for a

Reimbursable Work Agreement with theDepartment of Energy

2

Distnhution is authonz cd ol1l~ to L.S. l!t1nrllll1tnt IIgcncit, lind their contructers. Comams information that mayhe cxcmpt Irorn public release under the Freedom of Information ..\.:1 Before this document is released 10 the pubhc,

approval j, required hy th.: I)...panmcru of Homeland Sc:,urjl~ lllr cctonuc "I' Science and Technology.

d. Laboratory Directed Research and Development (LDRD). LDRD costs shall beidentified and charged ill accordance \vith the DOEIDHS MOll and DOE policies andprocedures delineated in DOE Order 484.1.

c. Billing Instructions. DHS reimbursement of costs incurred in the performance of workdescribed in the SOW will be made via the U.S. Treasury Inter-government Paymentand Collection System (IPAC).

b. Amount Obligated. DI-ISobligates the total dollar amount identified in the IA for theperformance of work described in the SOW. Full funding shall be provided for work10 be completed within aile fiscal year. For work that transcends fiscal years, fullfunding lor the remainder of the current fiscal year plus the first three months of thefollowing fiscal year is required. DHS may request the DOE Contracting Officer(CO) approve an exception to full funding requirement on a case-by-case basis. Tothe extent that this obligation is less than the total estimated cost. DOE shall ensurefacility management contractors provide sixty (60) days notice of the need foradditional OilS funds for continuation of the work. DOE facility managementcontractors will perform work and incur costs only when funding for the requirementsdescribed in the SOW has been provided by DHS. In the absence of such funding,work on this DHS project will cease.

a. Estimated cost. The estimated cost for the performance of the work is described in theattached SOW (estimated cost includes. among other things. all direct and indirectcosts). The costs charged 10 DHS will be the same as the costs that would have beencharged to DOE for the performance of the work. DI-lSreimbursable work isperformed on a lull cost recovery basis. OilS shall be responsible for all costsrequired to restore the work site environment to its prior form or previous conditionafter all DHS work under this IA is completed.

4. Financial Terms,

3. Period of Performance. The period of pcrfonnance negotiated between DHS and the DOEfacility management contractor lor the IA is specified in the attached SOW. The period ofperformance starts on the date of execution of (he IA by both the DHS and the DOE contractingofficers. The end date is identified ill the attached SOW and the funding document.

d. OilS and DOE recognize that certain communications and direction between theDHS and the DOE facility management contractor to meet the requirementsidentified in the attached SOW may occur. DIIS acknowledges that direction toDOE facility management contractors will be limited to day-to-day decisions directlyrelated to performance of work identified in the attached DOE-approved SOW. DHSand the facility management contractor may discuss changes to the requirements inthe SOW that modify the scope. cost. or delay delivery of the product, however, anysuch changes must be approved in writing by the cognizant DOE contracting officer.

3

Distrihminn is .1Uthuri/cd only In l. .S. gm·ernmrnt IIgent'les and their ccntrueturs. Contains mtormanon thai maybe exempt trom public release under the Freedom of lnlurmarion ,\CI. Before this document is released to the public.

approval i~ required h~ the Ikpllrtment otHomeland Sc\,unt> Directorate of' Science and Technology.

a. DOE is authorized to purchase all property specifically identified in the SOW.

8. Acquisition of Propem' under the IA

c. DIIS-Fumished Property. DHS will provide property to DOE only when specificallyidentified in the IA or modification to this IA subsequent to approval of the IA.

b. The DIIS S&T Technical Representative identified in the IA will be the point ofcontact (POC) for identification of any required information to be supplied by DHS.

a. DI-ISwill provide to DOE any DHS information, materials. or forms that are unique toDllS to support tasks under the lAo Such forms and other documentation (e.g..approval requests for foreign travel) may require input from the DOE andlor the DOEfacility management contractor. This information is considered part of the DHSReimbursable Work agreement and of a routine nature (i.e .• not overly burdensome orresource-intensive and consistent with regular DOE requirements). However. costsfor unusual. non-routine. or resource-intensive transactions (in excess of regular DOErequirements) specified in the attached SOW or subsequent to the work beingapproved will be reimbursed by DBS.

7. nHS-Furnished Informlliion and Pronertv,

6. Travel. Domestic travel costs required to perform this work will be reimbursed consistentwith the T&Cs of the DOE facility management contract. DOE will provide 30-day advancenotification for all foreign travel to DHS and obtain the S&T Technical Representative's approvalprior to approving travel.

5. Place of Performance. The cognizant DOE Contracting Officer will authorize performance ofthe work at the DOE facility described in the SOW. If the work is to be performed at multiplesites under the lA, the OIlS IIliS specifically identified in the attached SOW what work will beperformed at each site.

Attachment 4 of DOE Order 484.1, Reimbursable Work for the Department ofHomeland Security states, "The following language must be included in each DHSfunding acceptance document "Consistent with the Department of Energy's (DOE's)full cost recovery policy, DOE collects. as part of its standard indirect cost rate. alaboratory-directed research and development (LDRD) cost. Based on the amount offunds accepted for this project. $ represents an estimated amount that willbe used for LDRD efforts. DlIS agrees that LDRD efforts provide opportunities inresearch that are instrumental in maintaining cutting-edge science capabilities thatbenefit all of the customers at the laboratory. In addition. DOE manages its LORDprogram in a manner that will demonstrate that LORD activities support DBS missionareas commensurate with the funding provided by DHS. In providing funds to DOEto perform this work. Ol-IS anticipates that such activities will support the missions ofDIIS and will be consistent with appropriutions acts that provide its funds."

4

Distribution is authorized only to t).S. 20\'ernml'lIt U~l'nc:ies nlld their contractors Contains infonnation that maybe exempt lrom public release: under rhc Freedom of lnformarion Act. Before this document is released to the public.

approval is required by rhc Department (If Homeland Security Directorate of Science iIIuJTechnology.

II. Acceptance Criteria. Deliverables shall be subject to testing, review. and acceptance byDHS to verify that each deliverable satisfies DHS's applicable acceptance criteria. The DOEfacility management contractor will perform the lA work in a manner consistent with its subjectmatter expertise. "Acceptance Criteria" mean the criteria developed by DHS to determinewhether a deliverable is ready for acceptance by DIIS and may include, without limitation,requirements that tile applicable deliverable: (i) has been completed and delivered/achievedaccording to the SOW; (ii) meets or exceeds the identified requirements in the SOW. includingbut not limited to technical specifications and performance standards; and (iii) complies with suchother criteria as may be developed and agreed on by ()I[S and DOE. DHS will identify in theattached SOW any Acceptance Criteria specific to the IA requirements.

b. All other deliverables identified in the attached SOW will be sent directly to the DHSS&T Technical Representative, with a copy of the transmittal letter to the DOE andDHS Contracting Officers (the executing authorities for the IA).

a. Program Status Report: The DOE facility management contractor will provideprogram status reports to the DHS consistent with direction provided in the SOW.Reports should be provided to the DBS CO, S&T Technical Representative and DHSS&T Resource Manager and contain metrics pertaining to financial. schedule, andperformance information, risk information. a summary of expected deliverables andmilestones for the effort. and an assessment of performance of all work performedunder the IA.

10.Dellverahles,

9. Property Disposition. The DHS Contracting Officer shall provide written instructions toDOE regarding the disposition of property that costs $5,000 or more and sensitive property (seeDOE Order 580.1) regardless of value. DI-ISwill reimburse the costs of property disposition orpay transportation costs to a DHS facility. DOE will retain ownership or dispose of property(except sensitive property) costing less than $5.000 according to the procedures approved byDOE for lise by the DOE facility management contractor.

d. Property costing $5.000 or more shall upon its purchase become the property of DI-IS.Such items will be accounted for in accordance with DOE approved propertyaccountability procedures used by the DOE facility management contractor in theperformance of DOE work.

c. DOE shall obtain written approval of the OI·IS S&T Contracting Officer prior topurchasing any property not identified in the SOW with associated costs in excess of$5,000.

h. DOE may acquire property not identified in the SOW when cost are less than $5,000and the acquisition is required in the performance of the work under the IA. Allproperty acquisitions in excess of $5,000 shall be identified in the SOW.

5

lJtstrrbution I~ uuthurrzcd onl~ 10 t :.s. ~1I\'ernmenl ollencie, and Iheir contr-actors. Contains information thai nu)he exempt from public release under the Freedom of Information Act. Before this ,1"':lInll:111is released III me public,

upprovul is required hy the Department of Homeland Security Directorate ofScience ;IIlJTechnology.

h. In authorizing the facility management contractor to perform work under the lA, DOEshall require that any publication of scientific and technical data or computer softwarefirst prudll(:ed under this agreement will contain the following legend or equivalentreflecting DI-ISsponsorship of the work:

a. The work described in the SOW is sponsored by DUS. The intellectual property rightsunder this agreement, including rights to patents conceived or first reduced to practiceor the rights in scientific and technical data or computer software first produced.including the right to assert copyright. are governed by the DOE facility managementcontract. The additional conditions listed below are necessary to assure that thoseintellectual property rights are exercised in consonance with the programmaticobjectives of the DHS sponsorship of the work under this agreement.

15. Intellectual Propertv,

h. Performance of work under the IA may require access by DOE and/or DOE's facilitymanagement contractor to information that is sensitive but unclassified, e.g.•OfficialUsc Only or other designations that can qualify as Freedom Of Information Actexemptions and/or classified (e.g., Confidential. Secret, or Top Secret, and ifclassified, at categories of National Security Information, Restricted Data. or FormerlyRestricted Data). If sensitive but unclassified or classified work is required under thelAoDI-ISwill provide specific guidance to DOE as to which work will be subject totreatment as sensitive but unclassified andlor classified and at which classificationlevel. If DBS guidance appears to conflict with DOE or other applicable Governmentguidelines. DHS and DOE will negotiate the treatment of the data in a manner thatbest satisfies the requirements of both agencies. and DOE will assure the facilitymanagement contractor will adhere to the result.

u, All work performed under the IA is unclassified unless otherwise specified by DBS.

14. Security Requirements.

13.nor. Facility Cuntractur's Performance. As requested, annually and at completion ofperformance, OilS shall provide the DOE Contracting Officer with a written evaluation of theDOE facility management contractor's performance.

12. Currection of Nonconformities. If a deliverable fails to meet the Acceptance Criteria (eachfailure will be referred to as a "Nonconformity"). the DHS CO will provide written notification tothe DOE of such failure. Upon receiving such notice, DOE will inform DHS in writing of thecosts and proposed actions to mitigate the nonconformity. Corrective actions will not beundertaken until OilS provides approval in writing on what actions are to be taken and providesfunding to support such actions. The corrected Nonconformity will be delivered to DHS. whichwill then con finn in writing whether the redelivered deliverable satisfies the applicableAcceptance Criteria. The process described in this paragraph may be repeated until allNonconformities arc corrected and the deliverable satisfies the IA Acceptance Criteria or untileither party determines that continued efforts would be unsuccessful. DHS will reimburse DOElor all costs associated with these corrective actions.

6

Dtstriburiou b uuthorizcd only to t:.s. ItO\'l'rnml'nl uRrnl"il"i IIl1d l"l.'ir contructors. COlltains informetion that maybe excmp: from public release under the Freedom of Information ,\1.'1. Before this document is released III the:public.

approval is required hy the Departmem of Homeland Sccuruy Directorate IIfScience and Technology.

16. Termination.

ih) ~h)Or

Assistant General Counsel for Intellectual PropertyDepartment of Homeland Security245 Murray LaneWashington, D.C. 20825

g. DHS Intellectual Property Counsel:

f. The facility management contractor's merely providing copies of requests or inventiondisclosures to DI-ISlntellectual Property Counsel, as provided in paragraph 14c., d.•orc .. does not in any way obviate the obligations of the facility management contractorto make invention disclosures. submit requests for permission to assert copyright. orprovide any other intellectual property notices or requests to DOE Patent Counselpursuant to the terms and conditions of the DOE facility management contract.

e. In authorizing the DOE facility management contractor to perform the work describedin the SOW. DOE shall require that, whenever the facility management contractormakes a request to DOE relating to intellectual property matters or provides inventiondisclosures. the facility management contrnctor provide a copy of all such requests orinvention disclosures 10 the DHS Intellectual Property Counsel.

d. The DOE facility management contract provides that the facility managementcontractor shall not include in any items delivered to the Government material that iscopyrighted by third parties without the prior approval of DOE, unless such material issubject to the contractually specified Government license. DOE shall not approve anysuch request under the IA without consulting with and receiving the concurrence ofthe DIIS Intellectual Property Counsel or his/her designee.

c. Where the terms of the DOE facility management contract require DOE authorization.DOE will not authorize the facility management contractor to retain or exercise anyintellectual property rights not specifically granted under the DOE facilitymanagement contract, such as the right of the facility management contractor to assertits copyright in scientific or technical data or computer sofiv.'arefinl made lITproduced wuie: this agreement, without consulting with and receiving theconcurrence of the DHS Intellectual Property Counsel. specified below, or his/herdesignee. This requirement does not affect the right of the facility managementcontractor to assert copyright in scientific and technical journals as provided under theDOE facility management contract.

"The Department of I-Iomeland Security sponsored the production of this materialunder DOE Contract Number XXXX for the management and operation ofPacific Northwest National Laboratory."

7

Drstnbution is authorized onl~ to LS. 20\·rrnml.'nl aal'nri~ lI11dtheir conlr:u:lors. Comams information thatmayhe exempt from public release under tho:Freedom of Information /u:1. Before this docum ...nt IS released 10 the public.

approval IS required h~ the Department IIf Homeland Sccuruy Directorate of Science and Technology

DHS S&T may change (he individuals designated as these poes upon written notice to DOEof such a change.

• DHS-S&T Technical Representative - this person is identified in the attachedSOW.

• DIIS-S&T Resource Manager - this pcrson is also identified in the attachedSOW.

• DIIS-S&T Contracting Officer - this person is the executing authority for this lAon behalf of the Requesting Agency.

d. Except for Intellectual Property Counsel as provided above under paragraph 14(g) ofthe standard terms and conditions, the DHS POCs are as follows:

c. D( >I \\ alllllltil~ DIIS ot ;1Il~ changes III the Contracnng Officer executing thisagreement. D( II-. "ill idcntij~ other points or contact as nCI.:r.::.:.ar~.

b. The DOE point of contact for a DIIS reimbursable agreement shall be identified inthe attached statement of work.

a. I II..: 1)( II,. Cillltra.:tillg (IIIj..:..:r i~the executing authority for the IA on behalf of DOE.

I7. Points of Conillct.

b. Upon termination. DOE will assure that the facility management contractor provides allcompleted dcliverables and the most current version of datil relating to any incompletedelivcrables, DOE will provide DIIS with an accounting of the IA costs and any terminationcosts.

a. The IA may be terminated by mutual agreement of DOE and DHS, documented in a bilateralmodification. The IA may also be unilaterally suspended by either party upon 30 days' advancewritten notice to the other party. In the event of a termination of this Agreement, no future workmay be performed against it. Incurred costs and associated termination costs, including paymentlor any outstanding commitments related to the SOW shall be paid by DHS. After payment ofthose costs. DOE shall return any remaining funds to DI·IS.