Sol_11316026Q0002OAS_12112025_.pdf

RFQ #: 11316026Q0002OAS

SECTION II – SF 1449 CONTINUATION PAGE

CONTRACT ADMINISTRATION

1. GOVERNMENT CONTACT INFORMATION/ROLES & RESPONSIBILITIES [FEB 2014]

Contracting Officer (CO):

The CO is responsible for:

1) Negotiation and award of orders, contracts, or agreements: COs have full authority to legally bind their organization within their designated warrant level.

2) Administration: Although COs have the ability to manage the orders, contracts, or agreements, the day- to-day administration activities will generally be carried out by the contracting officer’s representative.

3) Settlement and Resolution of Contracting Issues: The CO is authorized to settle and resolve contracting issues.

4) Contract Records: The CO is responsible for maintaining a complete record of all contracting documents (electronically and/or manually).

Contract Specialist (CS):

The CS is responsible for:

1) The daily interactions of the orders, contracts, or agreements, which include communicating with the contractor in resolving concerns, drafting requirements, award documents, modifications, etc.

2) The CS has no authority to change the terms and conditions of the order, contract, or agreement, including the schedule and price.

Contracting Officer’s Representative (COR):

1) The CO’s authorized COR will be designated after award. Additionally, each order, contract, or agreement will specify the designated COR.

2) The COR is the individual within the program management function who has overall technical responsibility for this effort. The COR supports the CO during administration of this effort by:

a. Providing technical clarification relative to overall workload matters;

b. Providing guidance to the contractor in the preparation of deliverables and services;

c. Providing acceptance of delivered products and services in accordance with the order or contract terms and conditions; and

d. Making final decisions regarding any recommended rejection of deliverables.

3) The COR also provides technical direction to the contractor, i.e., shifting work emphasis between areas of work, fills in details, or otherwise serves to accomplish the purposes of this effort. Technical direction shall be within the general scope of this effort. The COR does NOT have the authority to issue any technical direction that:

a. Constitutes an assignment of work outside the general scope of this effort;

b. Constitutes a change as defined in the “Changes” clause (See FAR 52.243);

c. In any way causes an increase or decrease in cost or the time required for performance;

d. Changes any of the terms, conditions, or other requirements of this effort; or

e. Suspends or terminates any portion of this effort.

4) All technical direction shall be issued in writing by the COR or will be confirmed by the COR in writing within 10 calendar days after verbal issuance. A copy of the written direction will be furnished to the CO.

5) In addition to providing technical direction, the COR will:

a. Monitor the contractor’s technical progress, including surveillance and assessment of performance, and recommend to the CO any changes in the requirement;

b. Assist the contractor in the resolution of technical problems encountered during performance;

c. Perform inspection and acceptance or recommendation for rejection of contractor deliverables and identify deficiencies in delivered items. This does not replace any other quality assurance inspection requirements that are specified elsewhere within the order, contract, or agreement; and

d. Ensure invoice payments are processed in a timely manner in accordance with the Prompt Payment Act (FAR Subpart 32.9).

2. ORDER TYPE

The Government contemplates award of a Firm Fixed Price (FFP) Purchase Order in accordance with FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services.

3. CONTRACTING AND ADMINISTRATIVE AUTHORITY

The resulting order will be administered by the Procurement and Contracts Management Division (PCMD). PCMD is the only procurement activity authorized to approve changes or modify any of the requirements contained within this Order.

4. INVOICE REQUIREMENTS [DEC 2015] (Deviation FEB 2023)

Address for Submission of Invoices The contractor shall submit invoices via email (PDF format) for the supplies delivered or services rendered to the following:

Financial Management Division Office of Administration invoices@oa.eop.gov

Address invoice questions to 202-395-7259.

A copy shall also be submitted to the designated COR, as applicable.

Invoice Description To constitute a proper invoice, the invoice must include the following information and/or documentation:

Name of business concern, invoice number and date;

Contract or order number, or other authorization for delivery of property or services;

Description, price, and quantity of supplies/services actually delivered or service rendered for each item billed;

Shipping and payment terms;

Name (where practicable, title, phone number, and complete mailing address of responsible official to whom payment is to be sent). The “remit to” address must correspond to the remittance address in the order, contract, or agreement; and Other substantiating documentation or information as required by the order, contract, or agreement.

Payment shall only be made once delivery occurs or services are rendered, in accordance with the Solicitation and Contract Terms and Conditions.

Orders for subscriptions may be billed on a one-time basis.

Electronic Submission of Payment Requests The Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment information service available to all Federal agencies and their supplier by the U.S. Treasury's Financial Management

Service. The IPP allows Federal agencies and their suppliers to exchange electronic contracts, purchase and task orders, blanket purchase agreements, invoices, and payment information in one easy to access web portal. This service is free of charge to Government agencies and their suppliers, including services and support.

(a) Definitions. As used in this clause-

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Invoicing clause included in this contract, order, or agreement.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the IPP. Information regarding IPP is available at www.ipp.gov.

For payment and invoice questions, go to https://www.ipp.gov or contact the Department of Treasury, Bureau of the Fiscal Service’s Accounts Payable Branch at (304) 480-8000 Option 7 or via email at AccountsPayable@fiscal.treasury.gov.

In accordance with FAR 52.212-4 Section (i)(5) Overpayments, Accounts Receivable Conversion of Check Payments to Electronic Funds Transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the Government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor’s account for the amount of the check. The debit from the Contractor’s account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government will destroy the Contractor’s original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

5. The NAICS Code is 518210 - Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services with a size standard of $40.0M.

6. Product Service Code: DA01 – IT and Telecom - Business Application/Application Development Support Services (Labor)

7. Period of Performance: The Purchase Order will be for a total period of performance of four (4) years inclusive of one (1) 12-month base period and three (3) 12-month option periods.

(END OF SECTION II)

SECTION III – CONTRACT CLAUSES

The resultant Order shall be performed in accordance with ALL APPLICABLE CLAUSES as it pertains to NAICS Code 518210- Computing Infrastructure Providers, Data Processing, Web Hosting, and Related Services.

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

FAR 52.204-13 System for Award Management Maintenance. (Oct 2018)

FAR 52.204-19 Contract Terms and Conditions- Incorporation by Reference of Representations and Certifications (Dec 2014)

FAR 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023)

FAR 52.219-28 Post-Award Small Business Program Representation (Jan

2025) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun

2013)

FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)

(End of FAR Clauses Incorporated by Reference)

FULL TEXT FAR CLAUSES

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Products and Commercial Services (Oct 2025)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub.

L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

X_ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L.

115–390, title II).

__ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC

2023) ( Pub. L. 115–390, title II).

__ (ii) Alternate I (DEC 2023) of 52.204-30.

X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (JAN 2025) ( 31 U.S.C. 6101 note).

X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved]

X_ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

__ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025)( 15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (JAN 2025) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

X_ (26) (i) 52.219-28, Postaward Small Business Program Rerepresentation (JAN 2025) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15 U.S.C. 637(a)(17)).

X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

__ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025)( E.O.

13126).

__ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

X_ (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

X_ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN

2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

X_ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X_ (39) (i) 52.222-50, Combating Trafficking in Persons (OCT 2025) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X_ (40) 52.222-54, Employment Eligibility Verification (JAN 2025) ( Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (JAN 2017) ( 5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (JAN 2025) of 52.225-3.

__ (iv) Alternate III (FEB 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007) (42 U.S.C. 5150).

X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118- 31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

(End of clause)

FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within one (1) day provided.

(End of clause)

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within one (1) day provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least seven (5) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed four (4) years, 6 months.

(End of clause)

(End of Full Text FAR Clauses)

EOP STANDARD TERMS AND CONDITIONS

Statement on EOP Special Terms and Conditions [FEB 2014] The following EOP specific clauses shall apply to the order, contract, or agreement resulting from this solicitation. These terms and conditions flow down to any subcontractors.

E1. Restriction Against Disclosure [FEB 2014] The contractor agrees, in the performance of this order, contract, or agreement to keep the information contained in the source documents, or otherwise furnished by the EOP, in the strictest confidence, said information being the sole property of the EOP. The contractor also agrees not to publish, reproduce or otherwise divulge such information, in whole or in part, in any manner or form, nor authorize or permit others to do so, taking reasonable measures to restrict access to the information while in his or her possession to those employees who must have the information to perform work on the order, contract, or agreement (i.e., a “need-to-know” basis). The contractor agrees to immediately notify the contracting officer (CO) in writing in the event the contractor determines, or has reason to suspect, a breach of confidentiality. The contractor is responsible for ensuring all employees involved in the performance of this order, contract or agreement sign a “Non-Disclosure Agreement” that is attached. The contractor shall provide a signed agreement to the CO prior to each employee beginning work.

EOP retains full legal control over any information and records submitted by it to the contractor and may, to the extent permitted by law, modify such information or request that it be withdrawn from the contractor’s files and systems. Such information, to the extent permitted by law, shall not become part of contractor records. If the contractor receives a request for EOP information, or a request to which EOP information would be responsive, the contractor shall not provide EOP information in response to the request and shall instead refer the request to EOP. EOP will address the request in accordance with applicable law. Requests included within this paragraph include, but are not limited to, Freedom of Information Act (FOIA) requests, Congressional requests and litigation-related requests. Any such request shall be sent in writing to the Office of Administration, Office of General Counsel through the CO.

All information regarding the procedures developed under this order, contract, or agreement must be regarded as sensitive information by the contractor and not to be disclosed to anyone outside the contractor’s organization without the written permission of the CO.

E2. Prohibition of Advertising of EOP Award (OCT 2021)

(a) Contractor shall not, in any form of advertising or promotion, regardless of format, reproduce or use the image of The White House or any other image of the EOP or any EOP component. This includes images of official seals and buildings as well as any images or photographs relating to the Contract or work performed under the Contract, whether for goods or services. This paragraph (a) is derived from statute, regulation, or Executive Order, and the EOP will ordinarily not have any authority to deviate from these statutes, regulations, or Executive Orders.

(b) Contractor shall not, in any form of advertising or promotion, regardless of format, state, imply, or infer in any manner that the products or services provided by Contractor are endorsed, preferred, or considered superior by the White House, the EOP, or any EOP component, to any products or services provided by others. This paragraph (b) is derived from ethics requirements, and the EOP will ordinarily not have any authority to deviate from these requirements.

(c) The Contractor shall strictly comply with all requirements of paragraphs (a) and (b) and the CO has no authority or discretion whatsoever to waive these requirements.

(d) Contractor may identify the White House, the EOP, or any EOP component as a customer of the Contractor under this Contract provided that the entry is not given any more significant prominence than that of any other customer of the Contractor.

(e) This clause shall not prevent Contractor from requesting that EOP serve as a past performance reference in Contractor’s proposal responses to other federal, state, or local government request- for-proposal (RFP) responses only, for work which may be the same or similar to that already performed for the

EOP.

(g) This Clause shall survive any termination or expiration of the Contract.

E3. Contractor’s Responsibility for Personnel [FEB 2014] The contractor shall be responsible for managing and overseeing the activities of all of its personnel, as well as subcontractor personnel used in performance of this effort. The contractor’s management responsibilities shall include timely and effective support, performed in accordance with the requirements contained in the order, contract, or agreement.

E4. Potential Conflicts of Interest [FEB 2014] The contractor shall inform the contracting officer (CO) whether or not, to the best of its knowledge and belief, it has or does not have any organizational or personal conflicts of interest as defined below:

In accordance with FAR Part 2, Definitions, “Organizational conflict of interest” means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

In accordance with FAR Subpart 9.502, an organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition.

In the latter case, some restrictions on future activities of the contractor may be required.

(b) If the contractor discovers an organizational conflict of interest with respect to this order, contract, or agreement prior to award, the contractor shall immediately notify the CO in writing and provide its plan to mitigate the conflict. Personal conflicts of interest will be dealt with on a case-by-case basis by the CO.

Depending on the severity of the conflict, alternative staff may be appointed to work on the requirement. If that solution does not remove the conflict or the appearance of conflict of interest, the contractor may be excused by the Government from participation in the requirement.

The contractor agrees that if, after award, it discovers or creates an organizational or personal conflict of interest with respect to the order, contract, or agreement, it shall make an immediate and full disclosure in writing to the CO and Contracting Officer’s Representative (COR), which shall include a description of the action the contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the order, contract, or agreement for the convenience of the Government.

In the event that the contractor was aware of the organizational or personal conflict of interest prior to the award of the order, contract, or agreement and intentionally did not disclose the conflict to the CO, the Government may terminate the order, contract, or agreement at no cost to the Government and demand payment of any out- of-pocket costs, including costs associated with reissuance of the order, contract, or agreement.

The contractor shall also inform the CO and COR of any business or other relationships which create a potential conflict of interest or which might present an appearance of a conflict of interest on the part of the contractor or the contractor’s employees, including all instances in which a former or existing client of the contractor is or is likely to become the subject of a lawsuit. In addition, the contractor must agree that any information provided to the contractor in the course of the requirement is confidential and cannot be used for financial gain.

E5. Contractor’s Interfaces/Collaboration [FEB 2014] The contractor and/or its subcontractors may be required as part of the performance of this requirement to work with other contractors working for the Government. Such other contractors shall not direct this contractor and/or their subcontractors in any manner. Also, this contractor and/or its subcontractors shall not direct the work of other contractors in any manner.

The Government will establish the initial contact between the contractor and other contractors and will participate in an initial meeting at which the conventions for the scheduling and conduct of future meetings and contacts will be established. The designated contracting officer’s representative (COR) for all associated efforts will be included in any establishment of conventions.

E6. Payment for Unauthorized Supplies or Services [FEB 2014] No payments shall be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the contractor of its own volition or at the request of an individual other than a duly appointed contracting officer (CO).

E7. Inspection and Acceptance [FEB 2014, Dev JAN 2022]

Place of Inspection and Acceptance Inspection and acceptance of the products or services to be furnished hereunder shall be made by the appropriate COR, or other authorized representative designated in the order, contract or agreement.

Scope of Inspection All deliverables will be inspected for content, completeness, accuracy and conformance to order, contract or agreement requirements by the COR, or other authorized representative designated in the order, contract or agreement. Inspection may include validation of information or inspection of the deliverables, as specified in the order, contract or agreement. The scope and nature of this inspection will be sufficiently comprehensive to ensure the completeness, quality and adequacy of all deliverables.

Basis of Acceptance The basis for acceptance will be in compliance with best commercial practices and those requirements provided in the order, contract or agreement.

Support products and travel will be accepted upon receipt of proper documentation.

Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the Government have been corrected.

Non-Conforming Products or Services Unless specified otherwise in the orders or contracts, non-conforming products or services will be rejected.

Deficiencies will be corrected, by the contractor, within three workdays of the rejection notice or as time constraints deem necessary. If the deficiencies cannot be corrected within three workdays, the contractor shall immediately notify the COR, or other authorized representatives designated in each order, contract, or agreement of the delay and provide a proposed corrective action plan within three workdays or as time to conform dictates more urgent action.

E8. Limited Use of Data [FEB 2014] Performance of this requirement may require the contractor to access and use data and information proprietary to the Government which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government.

Contractor and/or contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort until made public by the Government, except to authorized Government personnel or upon written approval by the contracting officer (CO). The contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement at no cost to the Government between the contractor and the data owner which provides for greater rights to the contractor.

Contractor shall release all required deliverables and data or other works developed under this order, contract, or agreement solely in accordance with the EOP terms and conditions. All data collected and remaining in the custody of the contractor at the close of any order, contract, or agreement shall be delivered to the contracting officer’s representative or destroyed in accordance with the terms of the order, contract, or agreement. No copies or parts of data derivative files (encrypted and/or individually identifiable) shall be kept by the contractor.

E9. Contractor Orientation [Jun 2014] Contractor personnel are required to attend mandatory EOP security orientation training. Training topics include but are not limited to security requirements and reporting obligations, operations security (OPSEC), records management policies, and information assurance. Failure to attend the required trainings may result in adverse contractual actions.

E10. Key Personnel [FEB 2014]

(a) The contractor agrees to assign to this order, contract, or agreement those key personnel listed in paragraph

(d) below. No replacements shall be made except in accordance with this clause.

(b) The contractor agrees that during the first 180 days of the order, contract, or agreement performance period no personnel replacements will be permitted unless such replacements are necessitated by an individual's sudden illness, death or termination of employment. In any of these events, the contractor shall promptly notify the contracting officer and provide the information required by paragraph (c) below. After the initial 180 day period, all proposed replacements must be submitted in writing, at least 15 calendar days (30 calendar days if a security clearance is to be obtained) in advance of the proposed replacements to the contracting officer (CO). These replacement requests shall include the information required by paragraph (c) below.

(c) All requests for approval of replacement personnel under this order, contract, or agreement must be submitted in writing with a detailed explanation of the circumstances necessitating the proposed replacements.

They must contain a complete resume for the proposed replacement or addition, and any other information requested or needed by the CO to approve or disapprove the proposed substitutions. All replacements proposed during this order, contract, or agreement must meet or exceed qualifications of the person being replaced. The CO or their authorized representative will evaluate such requests and notify the contractor of their approval or disapproval thereof in writing within 3-5 business days.

(d) List of Key Personnel

<CONTRACTOR TO PROPOSE>

NAME CONTRACT LABOR CATEGORY

E11. Contractor’s Core Duty Hours [FEB 2014] The core duty hours for EOP are from 9:00 a.m. to 3:00 p.m., Monday through Friday, with the exception of Federal Government holidays. Contractor personnel shall ensure that the typical workday is longer than the core duty hours, and that personnel are required to conform their workday to ensure that it includes the core hours.

The contracting officer’s representative (COR) and the contractor must mutually agree upon all deviations to this schedule not mentioned herein. Work conducted outside these core hours may be negotiated by the COR as long as it does not affect the terms and conditions of the order, contract, or agreement, including schedule and price.

The following Federal Government holidays are normally observed by Government personnel: New Year’s Day, Martin Luther King’s Birthday, Presidential Inauguration Day (metropolitan DC area only), President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal Statute, Executive Order, and/or Presidential Proclamation, or any other kind of administrative leave such as acts of God (i.e. hurricanes, snow storms, tornadoes, etc.), Presidential funerals or any other unexpected Government closures.

E12. Contractor Separation (APR 2017) COs retain the right to remove the contractor personnel whose actions conflict with the performance of the order, contract, or agreement, suspected of committing misconduct, and/or have changes in their fitness/eligibility status. All on-site contractor personnel will be escorted by the COR when off-boarding and off-site contractor personnel may be off-boarded remotely when appropriate, as determined by the CO.

The COR will ensure that all security and exit procedures are followed and that all Government property is returned. Contractor personnel removed from this order, contract, or agreement for security reasons shall not be eligible for reinstatement or utilized on any other EOP order, contract, or agreement without EOP Security Office or DWHIT approval. If contractor personnel are terminated, or resign, etc., the above items shall be returned to the EOP prior to, or within 24 hours, of their departure, or by an agreed upon time. The contractor shall ensure that all EOP assets, information, data, records, and materials remaining in the contractor employee’s possession after removal shall be returned to the EOP.

When a contractor employee no longer intends to support this order, contract, or agreement for any reason, the contractor must notify the COR and EOP Security Office in writing as soon as possible, but no later than a minimum of 2 business days. Additionally, the contractor shall ensure all security exit requirements are adhered to by their employees as follows:

Out-processed by Human Resources, Office of the General Counsel, Procurement, and EOP Security Office;

Return government issued identification, equipment, assets, information, data, records, and materials prior to departure; and, Escorted off the EOP Complex.

E13. General Security Requirements (APR 2017) Contractors operating on EOP premises shall comply with security requirements of U.S. Secret Service, EOP Security Office, and other law enforcement or campus security entities.

Security requirements while on EOP premises may include, but are not limited to:

All contractor personnel shall carry and display government-issued identification badges;

All contractor personnel shall carry or possess valid government-issued identification (e.g., driver’s license) while on-site (if appropriate, such as operating government vehicles);

All equipment, vehicles, materials, personal possessions, and people within proximity of the premises may be subject to security searches; and, No photographs, videos, or other recordings may be taken within any EOP building, except for pre- designated points on tour routes.

The EOP reserves the right to direct any contractor personnel to be immediately removed based upon the Government's determination of inappropriate conduct, directly or indirectly, whenever there is reasonable suspicion to believe, that such action is warranted in the interest of national security. This action shall be made whether or not the cause is deemed of sufficient severity to warrant action to terminate the contractor.

Based on the proposed location of this order, contract, or agreement, the use or possession of any personal, or contractor provided, electronics (e.g., mobile phones, cameras, fitness trackers, or Bluetooth enabled devices) or of any other electronic equipment is authorized. Personal devices shall not be used to collect, receive, transmit, or store any Government information, data, records, or materials. However, such use may be limited at certain times or locations as directed by the CO, COR, and/or the EOP Security Office. This does not apply to medical electronic devices.

E14. Protecting EOP Data and Information [DEC 2014]

(a) Applicability: This clause applies to Contractor and subcontractor (at all tiers) personnel and addresses specific requirements for protecting EOP data and information.

(b) Responsibilities for Handling and/or Storing EOP Data and Information: All Contractor and subcontractor employees are responsible for the proper handling and/or storing of EOP data and information, regardless of location. Contractors shall be responsible for any costs associated with the loss, breach, or compromise of EOP information held by Contractors. All contract employees shall be responsible for:

(1) The proper control and handling of EOP data and information residing on their computer, on removable media, and on paper documents;

(2) Ensuring portable data storage and communication devices are properly controlled and secured at all times; and,

(3) Following the procedures for reporting a breach to EOP data and information as outlined in section (c) below.

(c) Procedures for Reporting a Breach of EOP Data and Information:

(1) A breach of EOP data and information includes loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access of EOP data and information whether physical or electronic.

(2) All Contractors and subcontractors shall report any breach or potential breach, including, but not limited to, network or asset breaches to the EOP’s Computer Network Defense (CND) team within 30 minutes of becoming aware of the breach or potential breach regardless of the time or day of the week. All breaches and potential breaches shall be reported, even if it is believed the breach is limited, small, or insignificant. The initial report of the breach shall be made by telephone to the CND; however, the Contractor or subcontractor shall follow up in writing within one hour of the verbal notification to CND, CO, and the COR. Do NOT include sensitive information in the e-mail notification.

(3) Each breach report shall address all relevant information, including the following:

• Nature of the event (loss, theft, unauthorized access);

Description of the event, including:

o Date and time of occurrence o Types of data elements involved;

Number of individuals affected or potentially affected;

Names of individuals or groups affected or potentially affected;

Ease of logical data access lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

Amount of time the data has been out of Contractor or subcontractor control;

The likelihood that EOP data and information will or has been compromised (made accessible to and usable by unauthorized persons);

Known misuses of EOP data and information, if any; and, Assessment of the potential harm to the affected individuals.

(4) The EOP and the Contractor will mutually establish additional reporting requirements based on the nature and severity of the breach.

(5) In instances of theft, break-in, or other criminal activity affecting or involving EOP data and information, the Contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of the jurisdiction. The Contractor, its employees, and its subcontractors as well as their employees shall cooperate with the EOP and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident.

The Contractor/subcontractor shall cooperate with the EOP in any civil litigation to recover EOP information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

(c) Points of Contacts: Contractors and subcontractors shall report a breach or potential breach of EOP data and information to the CND at 202-757-5789 (available 24/7/365). Any questions regarding these procedures shall be directed to the CO.

E15. Government Furnished Equipment/Items [FEB 2014] The Government will provide office space, personal computers, telephones, faxes, copiers, and operating/office supplies as required to fulfill performance requirements under this order, contract, or agreement. Contractor staff shall also receive appropriate building passes to enter Government facilities.

Use of all Government-furnished items for other than Government work is strictly prohibited.

Consistent with FAR52.245-1, the contractor shall maintain a list of Government-furnished items throughout the life of the contract and the list shall be made available for the Government’s review upon request. Contractor staff shall follow the Office of Administration checkout procedures to assure that all Government-furnished items are returned in good operating condition to the Government. The contractor shall be responsible for the cost of replacing lost or damaged items.

Final payment shall be withheld pending return of Government furnished property or payment for lost or damaged items.

E16. Title To Materials Shall Vest in The Government [FEB 2014] Title to all source data information and materials furnished to the Government, together with all plans, systems analysis and design specifications and drawings, completed programs and documentation thereof, reports and listings, all tapes, disk files and other items pertaining to the work and services to be performed pursuant to the order, contract, or agreement, including any copyrights, shall vest and/or remain with the Government upon completion. The Government shall have full rights to use each of these for its purposes without compensation or approval on the part of the contractor.

E17. Transition [FEB 2014] The contractor shall ensure a smooth phase-in and phase-out of the order, contract or agreement, including service continuity, and knowledge transfer at the end of the administration and/or contract period of performance (including options).

The phase-in transition shall occur within 30 days after contract award. This includes working with the current contractor on a successful transition in accordance with the phase-in plan approved by the government. The contractor shall be at full performance at the completion of the phase-in period.

The phase-out transition shall start 30 days prior to the end of the contract period of performance and be completed by the end of the contract period of performance. This includes working with the new contractor on a successful transition in accordance with the transition phase-out plan approved by the government.

E18. Continuation Of Essential Contractor Services [JAN 2015]

(a) Definitions. As used in this clause—

(1) “Essential contractor service” means a service provided by a firm or individual under contract to the Executive Office of the President (EOP) to support mission-essential functions of vital systems and services. Services are essential if the effectiveness of EOP’s systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate component leadership.

(2) “Mission-essential functions” means those organizational activities that must be performed under all circumstances to achieve EOP component missions or responsibilities, as determined by the appropriate component leadership. Failure to perform or sustain these functions would significantly affect EOP’s ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all or a portion of the contractor services performed under this contract and/or task order as essential contractor services in support of mission essential functions. These services are listed in attachment __, Mission-Essential Contractor Services Plan, dated __________.

(c) Contractor Plan Requirements. The Contractor shall provide a Mission-Essential Contractor Services Plan that shall be incorporated in this contract and/or task order, describing how it will continue to perform the essential contractor services listed in attachment ___, Mission Essential Contractor Services Plan, dated ________, during periods of crisis. The Contractor shall–

(1) Identify provisions made for the acquisition of essential personnel and…