RFP_BPA_SNAP_Farmers_Markets_Support_Services.pdf

To: Prospective Offerors

Subject: Request for Proposal (RFP), 12319818R0002 Farmers Markets Support Services

The United States Department of Agriculture, Food and Nutrition Service (FNS) intends to establish a BPA with the vendor that presents the most advantageous proposal to the

Government.

This Request for Proposal Notice is intended for small businesses only. This RFP is for a

Blanket Purchase Agreement (BPA). A BPA is not in and of itself a contract and it is not to be construed as a contract commitment by the U.S. Government, nor will the U.S. Government pay for information solicited.

The USDA, Food and Nutrition Service (FNS), Supplemental Nutrition Assistance Program

(SNAP) is seeking RFP responses from qualified small business vendor sources capable of providing performance-based contractual support for the Electronic Benefit Transfer (EBT)

Equipment Program to administer the distribution of EBT equipment and services to eligible

SNAP-authorized farmers markets (FM) and Direct Marketing Farmers (DMF); and to provide promotional and reporting services related to this support.

The FNS will also determine the availability and technical capability of qualified small businesses, including small disadvantaged businesses (SDB), 8(a) small businesses, woman-owned small businesses (WOSB), veteran owned small businesses (VOSB), service-disabled veteran-owned small businesses (SDVOSB), economically disadvantaged women owned small businesses (EDWOSB) and Historically Under-utilized Business Zone (HUBZone) small businesses capable of providing performance-based contractual support for the Electronic

Benefit Transfer (EBT) Equipment Program to administer the distribution of EBT equipment, including accepting applications, tracking, and monitoring status for equipment orders via an online portal, and related services to eligible SNAP-authorized farmers markets (FM) and Direct

Marketing Farmers (DMF); and to provide promotional and reporting services related to this support.

This RFP seeks responses from qualified vendor sources outlining their approach, methodologies, technologies and techniques in meeting the below listed tasks for the SNAP objectives effectively and efficiently. Responses shall include providing all necessary and pertinent personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, other items and non-personal services necessary to perform the services outlined in the below performance work statement (PWS), except for any of those items specified as Government furnished property and services.

This solicitation is set aside for small business concerns. In accordance with (IAW) provision

52.219-1. All responding small business firms are requested to identify their firm's size and type of business as reported to the North American Industrial Classification System (NAICS) code.

For this acquisition, pursuant to FAR 14.404-2(a) as an essential requirement, only small business concerns that already have NAICS code 541614 Process, Physical Distribution and

Logistics Consulting Services and the Small Business Standard of $15 Million who respond with a conforming proposal may be considered for evaluation. Teaming arrangements and joint ventures may be considered for any subsequent procurement based on the Government's market research, provided the prime contract is awarded to an applicable small business and that small businesses with the aforementioned NAICS code provides fifty one percent or more of the support.

The FNS seeks to identify a small business concern that can demonstrate their experience, skills, and qualifications, and explain in appropriate detail their approach and competency in each of the items outlined in the below PWS. Clarity and completeness is paramount. For this acquisition, pursuant to FAR 14.404-2(a) as an essential requirement, responses should not merely restate the requirements without describing the approach, experience, examples, etc.

Submission requirements:

1. Limit the length of the response package to 25 pages single sided and single spaced.

2. 1 inch margins (top, bottom and sides).

3. Times New Roman font - 12 point.

4. The 25-page limitation does not include, if submitted, 1 cover page, appendices, 1 letter of introduction page or 1-page capability statement or resumes.

5. Do not include promotional materials.

Please specify one primary and one alternate Point of Contact (POC) if applicable, within your firm, including telephone numbers and email addresses. Only electronic copies of response packages will be accepted.

Any clarifying questions are due by Tuesday January 23, 2018 at noon Eastern Time.

Email questions to Tset Wong at tset.wong@fns.usda.gov and cc to Lawrence Williams at

Lawrence.Williams@fns.usda.gov. Phone call questions will not be accepted. Clarifying questions e-mails shall contain the following subject line: Clarifying questions to RFP Notice –

12319818R0002 Farmers Markets Support Services.

RFP Responses may be received at any time but not later than Tuesday February 06, 2018 at noon Eastern Time. Email RFP responses to Tset Wong at tset.wong@fns.usda.gov and cc to

Lawrence.Williams@fns.usda.gov. Phone call questions will not be accepted.

Response e-mails shall contain the following subject line: Response to RFP Notice –

12319818R0002 Farmers Markets Support Services.

Sincerely, Lawrence Williams, CONTRACTING OFFICER mailto:tset.wong@fns.usda.gov

TABLE OF CONTENTS

SECTION 1 SOLICITATION DESCRIPTION…………………………..…………………5

1.0 GENERAL DESCRIPTION

Ordering Procedures for BPAs

SECTION 2 CLAUSES

2.0 FAR 52.252-2 Clauses Incorporated By Reference (Feb 1998)

2.1 Clauses Incorporated In Full Text:

SECTION 3- DOCUMENT, EXHIBITS, or ATTACHMENTS

3.0 Attachments

SECTION 4 SPECIAL REQUIREMENTS

4.0 Quality Control:

4.1 Supervision of Employees:

4.2 Subcontractors/or Staff:

4.3 Quality Assurance:

4.4 Organizational Conflict of Interest:

4.5 Security:

4.6 FNS IT System Access:

4.7 Section 508 – Accessibility of Electronic and Information Technology:

4.8 Data Rights:

4.9 ADP Compatibility:

4.10 Information Technology Security Training And Oversight

4.11 Printing:

4.12 Paperwork Reduction Act:

SECTION 5- CONTRACT ADMINISTRATION

5.0 Post Award Conference:

5.1 Contracting Officer’s Representative (COR):

5.2 Contractor Performance Assessment Rating:

5.3 Business Meetings:

5.4 Production Meetings:

5.5 Administrative Submittals:

5.6 Non-Conforming Products or Services:

5.7 Removal of Personnel:

5.8 RESERVED

5.9 Contractor compliance:

5.10 Submission of Invoices through Invoice Processing Platform (IPP):

SECTION 6 PROVISIONS

INQUIRIES (AGAR 452.204-70) (FEB 1988)

(End of provision)

6.0 Instructions:

6.1 Evaluation:

ATTACHMENT I

PWS………………………………………………………..………….433

ATTACHMENT II PAST PERFORMANCE QUESTIONAIRE……………………...44

SECTION 1 SOLICITATION DESCRIPTION

1.0 GENERAL DESCRIPTION

BEST VALUE

BLANKET PURCHASE AGREEMENT

FOOD AND NUTRITION SERVICE

In the spirit of the Federal Acquisition Streamlining Act, the Food and Nutrition Service (FNS) anticipates entering into a cooperative blanket purchase agreement (BPA) to further reduce the administrative costs of acquiring commercially available services and/or products.

BPAs eliminate contracting and open market costs such as: the search for sources; the development of technical documents and solicitations; and the evaluation of bids and offers.

Contractor Team Arrangements are permitted in accordance with Federal Acquisition Regulation

(FAR) Subpart 9.6.

This BPA will further decrease costs, reduce paperwork, and save time by eliminating the need for repetitive individual purchases. The end result is to create a purchasing mechanism for the

Government that works better and costs less.

Signatures:

AWARDEE SIGNATURE DATE

CONTRACTING OFFICER DATE

FOOD AND NUTRITION SERVICE

BLANKET PURCHASE AGREEMENT

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) exclusively with the USDA Food and Nutrition Service (FNS):

(1) The following contract services may be ordered under this BPA. All orders placed against this

BPA are subject to the terms and conditions of the call orders (task orders):

ITEM (Model/Part Number or Type of Service) SPECIAL BPA

DISCOUNT/PRICE

A) Priced Task orders Stated on each task order

B) Other un-priced tasks meeting the requirements Stated on each task order of the BPA in accordance with proposed (GSA) discounted prices, if any.

(2) Delivery:

DESTINATION DELIVERY SCHEDULE/DATES

As specified per Task Order As specified per Task Order

(3) The Government estimates, but does not guarantee that the volume of purchases through this agreement will be $18,000,000.00.

(4) This BPA does not obligate any funds.

(5) This BPA with the Food and Nutrition Service expires one year from date of award unless options, if any, are exercised.

(6) The following office is hereby authorized to place orders under this BPA:

OFFICE POINT OF CONTACT

USDA FNS Any warranted contracting officer

(7) Orders, if any, will be placed against this BPA using Optional Form OF 347.

(8) Unless otherwise agreed to, all deliverables under this BPA must be accompanied by delivery tickets or sales slips that must contain the following information as a minimum (for supply orders only):

(a) Name of Contractor;

(b) Contract Number;

(c) BPA Number;

(d) Model Number or National Stock Number (NSN);

(e) Task/Call/Delivery Order Number;

(f) Date of Purchase;

(g) Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); CLIN deliverables, and

(h) Date of Shipment/Services.

(9) The requirements of a proper invoice are as specified in the Federal Acquisition Regulation

(FAR) 32.905(b)(1). Invoices will be submitted to the Invoice Processing Platform online for the task/call/delivery order issued against this BPA.

(10) The terms and conditions included in this BPA apply to all purchases task orders/call orders made pursuant to a firm-fixed-price (FFP). FFP contract types places upon the contractor maximum risk and full responsibility for all costs and resulting profit or loss. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

Ordering Procedures for BPAs o Single-award BPA o If the ordering activity establishes a single-award BPA, authorized users may place the order directly under the established BPA when the need for the supply or service arises.

o Orders placed by USDA agencies other than FNS.

USDA ordering activities outside of FNS must contact the FNS CO prior to placing any orders.

*Ordering activities outside USDA are prohibited from placing orders under this

BPA.

SECTION 2 CLAUSES

2.0 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 address:

https://www.acquisition.gov/browsefar

52.202-1 Definitions.

52.203-6 Restrictions on Subcontractor Sales to the Government.

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

AGAR 452.204-71 Personal Identity Verification of Contract Employees (Oct 2007)

AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)

2.1 Clauses Incorporated In Full Text:

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 10 days.

(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 10 days, provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 five years.

(End of clause)

AGAR 452.237-74 – KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

(End of clause)

52.232-32 -- Performance-Based Payments.

Performance-Based Payments (Apr 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract’s description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting

Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor’s request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 30 th day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the

Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor’s --

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government.

Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract

(2) “Property,” as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer’s approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the

Government under this clause, the Contractor shall obtain the Contracting Officer’s advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not --

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor’s records or controls are determined by the Contracting

Officer to be inadequate for administration of this clause.

(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the

Government reasonable opportunity to examine and verify the Contractor’s records and to examine and verify the Contractor’s performance of this contract for administration of this clause.

(j) Special terms regarding default. If this contract is terminated under the Default clause,

(1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and

(2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.

(k) Reservation of rights.

(1) No payment or vesting of title under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.

(2) The Government’s rights and remedies under this clause --

(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.

(l) Content of Contractor’s request for performance-based payment. The Contractor’s request for performance-based payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for performance-based payment;

(3) The contract number and/or other identifier of the contract or order under which the request is made;

(4) Such information and documentation as is required by the contract’s description of the basis for payment; and

(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.

(m) Content of Contractor’s certification. As required in paragraph (l)(5) of this clause, the

Contractor shall make the following certification in each request for performance-based payment:

I certify to the best of my knowledge and belief that --

(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;

(2) (Except as reported in writing on __________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;

(3) There are no encumbrances (except as reported in writing on _________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government’s title;

(4) There has been no materially adverse change in the financial condition of the

Contractor since the submission by the Contractor to the Government of the most recent written information dated _____________; and

(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.

(End of Clause)

SECTION 3- DOCUMENT, EXHIBITS, or ATTACHMENTS

3.0 Attachments

– BPA PWS see Attachment I below

– Past Performance Questionnaire see Attachment II below

SECTION 4 SPECIAL REQUIREMENTS

4.0 Quality Control:

The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The

Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Contractor shall submit the Quality Control

Plan (QCP) with submission of their proposal.

4.1 Supervision of Employees:

The Contractor's employees shall remain under the Contractor's direct supervision at all times.

Although the Government will coordinate within the scope of the contract, detailed instruction for the Contractor's employees and supervision shall remain the responsibility of the Contractor.

4.2 Subcontractors/or Staff:

The Contractor is responsible for overseeing all work in accordance with the contract. The

Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.

4.3 Quality Assurance:

The Government shall evaluate the Contractor’s performance under this contract in accordance with FAR Subpart 46.4 Government Contract Quality Assurance. This is primarily focused on what the Government will do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards contained within the PWS will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

4.4 Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational

Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the

Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting

Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the

Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

4.5 Security:

The Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of this contract in accordance with departmental policies and procedures.

The Contractor shall implement procedures that ensure appropriate administrative, technical, and physical safeguards are established for the security and confidentiality of government information, data, and/or equipment. The Contractor’s procedures shall be consistent with

Government, OMB Circular A-130, Management of Federal Information Resources, the

Computer Security Act of 1987, the Federal Information Security Management Act of 2014

(FISMA), and the Privacy Act. Upon completion of the contract, the contractor shall return all information and information resources provided during the life of the contract and certify that all

USDA information has been purged from any contractor-owned system(s) that have been used to process USDA information. In addition, during all activities and operations on government premises, the Contractor shall comply with the policies, rules, procedures and regulations governing the conduct of personnel or protection of government facilities and data as expressed by USDA, written or oral.

(a) Sensitive Information Storage and Disclosure

Sensitive-but-Unclassified (SBU) information, data, and/or equipment will be disclosed only to authorized personnel on a Need-To-Know basis. Contractor personnel with access to SBU holder shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected in accordance with departmental policies and procedures. When no longer required, this information, data, and/or equipment shall be returned to Government control;

destroyed; or held until otherwise directed. Destruction of items shall be accomplished by tearing into small parts; burning; shredding or any other method that precludes the reconstruction of the material, consistent with GSA guidelines.

(b) Protection of Information

All information about the USDA networks and/or the security posture of any USDA information asset gathered or created under this contract will be considered SBU information. It is anticipated that this information will be gathered, created and stored within the primary

Government work location. If the Contractor personnel must remove any information from the primary work area they should protect it to the same extent they would their proprietary data and/or company trade secrets. If the Contractor must remove any materials from the primary work location prior approval must be obtained from the Contracting Officer’s Representative

(COR).

(c) Security and Privacy

The use of any information that is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information.

Contractors who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information may be subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act).

(d) Sensitivity of Deliverables

The preparation of the deliverables under this contract shall be completed at a Sensitive-But-

Unclassified (SBU) level unless otherwise stated, in writing, by the COR.

All deliverables containing sensitive security information or sensitive PII of the contractor shall remain categorized as, and shall be clearly labeled as "Sensitive But Unclassified (SBU)". The release of any such information or data beyond contractor personnel working on the contract and having a direct need-to-know the information, must be authorized in writing by the Government.

(e) Facility Access

All Contractor personnel who work at the USDA/FNS site must have approval for facility access; the Contractor must supply the names and other required information of those employees selected to perform the work to the COR.

(f) Special Requirements

All work performed must meet and comply with all National Institute of Standards &

Technology (NIST), other government-wide laws and regulations, and USDA and OCIO (Office of the Chief Information Officer) directives, guidelines, and requirements for protection and security of Information Technology. Such directives and guidelines include:

Computer Security Act of 1987

Federal Information Security Management Act (FISMA) of 2014

OMB Circular A-130, Management of Federal Information Resources

Presidential Directive Decision 63, Critical Infrastructure Protection (CIP)

Presidential Directive Decision 67, Enduring Constitutional Government and

Continuity of Government Operations

Homeland Security Presidential Directive 7

Homeland Security Presidential Directive 12 (and all amplifying guidance)

NIST’s Guide for Developing Security Plans for Information Technology

Systems (Special Publication 800-18)

NIST, The United States Government Configuration Baseline (USGCB), http://usgcb.nist.gov/index.html

NIST Special Publication 800-53 Revision 4, Security and Privacy Controls for

Federal Information Systems and Organizations, April 2013

NIST Special Publication 800-37, Guide for Applying the Risk Management

Framework to Federal Information Systems, February 2010

National Information Assurance Partnership Common Criteria Evaluation &

Validation Scheme, https://www.niap-ccevs.org

National Vulnerability Database Version 2.2 and the Federal Desktop Core

Configuration (FDCC) settings; http://nvd.nist.gov/home.cfm

Federal Information Processing Standard (FIPS) Publication 140-2, Security

Requirements For Cryptographic Modules, January 2002

USDA FNCS 702 Handbook, Information Systems Security Guidelines and

Procedures, November 18, 2015

USDA Departmental Regulation DR 3540-003, Security Assessment and

Authorization, August 2014

USDA Departmental Regulation DR 3140-002, USDA Internet Security Policy, March 1995

USDA Departmental Regulation DR 3440-2, Control and Protection of Sensitive

Security Information, January 2003

USDA Departmental Regulation DR 3180-001, Information Technology

Standards, May 2015

USDA Departmental Regulation DR 3505-003, Access Control for Information and Information Systems, February 2015

U.S. Government “Plain Language” Guidelines https://www.usda.gov/plain-writing

(g) Confidentiality and non-Disclosure

The Offeror may have to access proprietary information and shall be required to sign non-disclosure and conflict of interest statements. The preliminary and final deliverables and all associated working papers, and other material deemed relevant by the agency that have been generated by the Offeror are the property of the U.S. Government and cannot be reproduced, or retained by the Offeror. When no longer required, this information, data, and/or equipment will be returned to Government control. All documents and information pertaining to network vulnerabilities, security policy, operational procedures or related functions shall be maintained under absolute accountability and relinquished to the COR upon completion of the contract.

(h) Hours of Performance:

Work hours shall be determined at the BPA Call level.

(i) Security:

The Vendor shall be responsible for properly protecting all information used, gathered, or developed as a result of this contract. The Vendor shall implement procedures that ensure appropriate administrative, technical, and physical safeguards are established for the security and confidentiality of government information, data, and/or equipment. The Vendor’s procedures shall be consistent with Government, OMB Circular A-130, Management of Federal Information

Resources, the Computer Security Act of 1987, the Federal Information Security Management

Act of 2002 (FISMA), and the Privacy Act. In addition, during all activities and operations on government premises, the Vendor shall comply with the policies, rules, procedures and regulations governing the conduct of personnel or protection of government facilities and data as expressed by USDA, written or oral.

Personnel Security Clearance Requirements-Sensitive-But Unclassified (SBU) Materials:

The contract provision set forth below covers the basic personnel and security standards for

Sensitive-But-Unclassified (SBU) work. Sensitive-but-Unclassified (SBU) information, data, and/or equipment will be disclosed only to authorized personnel on a Need-To-Know basis. The holder shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment will be returned to Government control; destroyed; or held until otherwise directed. Destruction of items shall be accomplished by tearing into small parts; burning; shredding or any other method that precludes the reconstruction of the material, consistent with GSA guidelines.

(a) General

(1) The Government anticipates that the work to be performed under this contract may involve access to SBU materials and non-sensitive materials. SBU materials may include, but are not limited to: computer systems and information, Privacy Act protected information, and FNS proprietary information. Duplication or disclosure of the data and other information to which the

Offeror may have access as a result of this contract is prohibited by Public Law. All contractor personnel will be required to meet a minimum background investigation standard which will be based on the nature of the work specific to this contract.

(2) In general, services performed by Offeror personnel may fall within three (3) “risk” categories as described below:

(A) Moderate Risk (MBI): Contract personnel with network or computer administrative rights, software development or software code responsibilities, recurring access to PII or security-sensitive information (SSI), physical access to restricted space, or fiduciary responsibility or influence.

(B) Low Risk (NACI): All other contract personnel performing work for 120 days or more.

(C) Short Term (Fingerprint): Contract personnel performing less than 120 days. Subject will be eligible for interim standard access, but ineligible for accesses described above under

Moderate Risk.

(b) Types and Number of Background Investigations Required

(1) Work performed under the contract may fall within one or more of the risk categories defined in paragraph (a)(2) above. As a result, the Contractor’s personnel must undergo a background investigation. The type of background investigation required will be commensurate with the risk factor associated with the duties of each position and the type of access required.

Prior to award of the contract, the Contracting Officer’s Representative (COR) will determine the exact number and types of background investigations that may be required for all Offeror positions. For planning purposes, the Government estimates that the following number and types of background investigations will be needed:

Risk Category Number of Investigations Needed

High Risk (MBI) To be determined at the Task Order level

Moderate Risk (NACI) To be determined at the Task Order level

Low Risk-Short Term (fingerprints) To be determined at the Task Order level.

(Primarily applies if Vendor personnel are stationed at a Government work location.)

(2) The Offeror will not be permitted to commence performance under the contract until a sufficient number of its personnel, as determined by the COR, have received requisite background investigations. A “Background Investigation Request For Contractor Employees” form (FNS-775) must be completed by the COR and submitted to the Contract Management

Division (CMD) for processing.

(3) During the life of this contract, the Offeror shall ensure that no Offeror or sub Offeror employee commences performance hereunder prior to receipt of authorization from the

Contracting Officer or COR.

(c) Background Investigations Requirements

The minimum investigative requirements are as follows:

(1) High Risk Positions:

The background investigation shall be an MBI (Minimum Background Investigation). The MBI includes a NACI, a face-to-face personal interview between the investigator and the subject, and written or telephone inquiries to employers, residential references, places of education and personal references.

(2) Moderate Risk Positions:

The background investigation shall be a NACI (National Agency Check with Inquiries). The

NACI consists of a check of Federal databases, written inquiries and record searches covering specific areas of a subject’s background during the past 5 years.

(3) Low Risk-Short Term Positions:

The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check.

(d) Separation/Termination of Offeror Employees/Completion of Contract

At the completion of the contract or separation/termination of any Offeror employee (no later than the last day of performance under the contract), a “Government Contractor’s Employee

Separation Checklist” (FNS-774) must be completed and signed by the COR and Contracting

Officer.

4.6 FNS IT System Access:

To perform this contract the Offeror may require computer access to FNS IT systems. As necessary, the Offeror shall notify the COR in writing when a Offeror employee requires any type of computer access. The COR shall provide form FNS-674, Computer System Access

Request, to the Offeror. The Offeror shall complete the form, obtain approval from the COR, and submit the form to the FNS Security Office staff. The Offeror shall notify FNS when computer system access for employees can be terminated. Written notification to terminate computer access shall be provided by the Offeror to the COR and to the FNS Security Office staff immediately upon termination of any Offeror employee removed from this contract or when access is no longer required. Immediately upon completion of the contract the Offeror shall provide a complete listing of all Offeror employees given access to FNS computer systems with a statement that computer access shall be terminated and complete a “Government Offeror

Separation Checklist” for each Offeror employee. All notifications shall be provided to the COR and the FNS Security staff listed below:

Office of Information Technology

Information Security Office

3101 Park Center Drive, Room 304

Alexandria, VA 22302, (703) 305-2242

Additionally, all new contract employees accessing FNS’ systems and/or sensitive data are required to complete Information Security Awareness Training prior to obtaining computer and sensitive data access. This training shall be coordinated with the COR. A hard copy of the security training may be sent to Offerors whose staffs are performing at off-site locations

4.7 Section 508 – Accessibility of Electronic and Information Technology:

(a) This requirement is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection

508(a)(1) requires that when the Federal Government procures Electronic and Information

Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

(b) The EIT accessibility standards at 36 CFR Part 1194 were developed by the Architectural and

Transportation Barriers Compliance Board ("Access Board") and apply to contracts and task/delivery orders, awarded under indefinite quantity contracts on or after June 25, 2001.

(c) Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards

(36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the

Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

2. In the case of custom Electronic and Information Technology (EIT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

(e) For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date; whichever shall occur first. To access more information regarding Section 508: https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards.

4.8 Data Rights:

The Government has unlimited rights to all programs/documents/materials produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

4.9 ADP Compatibility:

The Contractor agrees to comply with both the U.S. Department of Agriculture’s (USDA) and the Food and Nutrition Services’ (FNS) Automated Data Processing (ADP) system security requirements to the extent necessary to meet the requirements of the work herein. All databases created and maintained by the Contractor shall have proper validation and control techniques, and all ADP resources, including data tapes, which become the property of the Government shall be fully documented, both in source code (if any) and written materials. Software documentation shall include, as appropriate (in the determination of the COR), flowcharts; textual explanation of subroutines, processes, and algorithms; screens; and other materials as necessary to ensure that a programmer conversant with the language may maintain the software. Database documentation shall include: variable names and labels; variable locations the source of each data item; the formulas used to compute or transform variables, if any, database structure and relationship; a printout of the data or first 50 pages. Further, all data tapes must be compatible with FNS ADPE. FNS currently performs its computing applications using the MS Windows 7 operating system. Work performed under this contract may require transfer of limited data and text files, as well as extensive data tapes. Optimum effort shall be general ease of use by FNS personnel of these transferred data tapes and CD-ROM/DVD. In particular, all physical storage media must be on CD-ROM/DVD formatted to be used with MS Windows 7 compatible software/applications and must be accompanied by accessing and format information. In addition, there may be occasion where some task deliverables will be significantly enhanced by inclusion of data on CD-ROM/DVD, thus allowing further processing and manipulation by FNS staff. Collaboration between the Contractor and the responsible FNS official concerning appropriate computer deliverables may occur during performance of this contract, as appropriate.

4.10 Information Technology Security Training And Oversight

All contractor employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by USDA.

Contractors, who are involved with management, use, or…