RFQ__12319819Q0104.pdf

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Train the Trainer Sessions Federal contract opportunity
Solicitation number
12319819Q0104
Issued by
Department of Agriculture Food and Nutrition Service

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Solicitation 12319819Q0104

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Amendment_0001_-_12319819Q0104_Train_the_Trainer.pdf PDF
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Request__12319819Q0104__Train_the_Trainer_Cover_Letters.pdf PDF
Copy_of_Attachment_2_-_Pricing_Sheet.xlsx XLSX spreadsheet
Attachment_1_-_Performance_Work_Statement.pdf PDF

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RFQ 12319819Q0104

Train the Trainer

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1. GENERAL INFORMATION

1.0 The United States Department of Agriculture (USDA), Food and Nutrition Service (FNS) Regional

Operations and Support (ROS) Division is seeking a Vendor to provide non-personal services to include management, labor, supplies, and equipment necessary to deliver eight sessions of a Train the Trainer/Facilitator curriculum in seven identified locations in the country.

1.1 The Government intends to award a Firm Fixed Price Purchase Order for Web Based Training and Education Courses, Course Development and Test Administration, Learning Management, Internships.

1.2 Vendors shall ensure their representations, certifications, and other information on the System for

Award Management (SAM) website are accurate and current at the time of quotation submission.

See addenda to FAR 52.212-1 and FAR 52.212-2 for further instructions, due dates, and evaluation information.

2. PRICING

2.0 The resulting Purchase Order will incorporate the Vendor’s completed pricing sheet (Attachment 2).

3. PERFORMANCE

3.0 Period of Performance

The period of performance for this Purchase Order is 12-months.

3.1 Place of Performance

The contractor will deliver eight sessions of a Train the Trainer/Facilitator curriculum in seven identified locations across the country.

4. ADDENDUM FAR 52.212-1 (INSTRUCTIONS)

4.0 General

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a. Any questions concerning this RFQ must be submitted via e-mail to the Contracting Officer, Lawrence Williams at Lawrence.Williams@usda.gov AND the Contract Specialist, Gloria

Brown at Gloria.Brown@usda.gov and must be received by 4:00 PM EASTERN on Tuesday, September 24, 2019. All (timely) questions received and responses to these questions will be provided to all Vendors via e-mail giving due regard to the proper protection of the identity of the submitter of the question and proprietary information. Vendors shall not direct any questions concerning this RFQ to anyone other than the Contracting Officer.

b. This RFQ does not commit the Government to pay any costs incurred in the submission of any quotation or in making necessary studies for the preparation thereof. Nor does it commit the

Government to procure or contract for said services. The Contracting Officer is the only individual who can commit the Government to the expenditure of public funds in connection with this proposed procurement.

c. The Government will award a single Purchaser Order resulting from this RFQ to a Vendor whose quotation represents the best value to the Government after evaluation in accordance with the evaluation criteria. Therefore, initial offers should contain the Vendor’s best offer from a technical and price standpoint.

d. Vendors shall provide sufficient information for the Government to determine its level of confidence in the ability of the Vendor to perform the requirements of the solicitation based on an assessment of the Vendor’s technical approach information submitted in their quotation. Each

Vendor shall submit a complete and acceptable quotation in accordance with the instructions contained herein. Such a quotation: (1) is for the total requirement and scope stated in the RFQ and (2) accepts each of the requirements, provisions, terms and conditions, and clauses stated in all sections of this RFQ. Alternate quotations will not be considered.

e. Quotations shall remain valid for a minimum of 90 calendar days from the date of receipt.

4.1 Quotation Submission

a. Quotations submitted in response to this RFQ shall be formatted in accordance with the instructions provided in this section. To be considered for award, quotations must be received no later than Wednesday, September 25, 2019 at 4:00 PM EASTERN.

b. In addition, the Vendor shall set forth any assumptions used in development of its pricing. Any exceptions taken to the terms and conditions of the RFQ shall be stated in the price quotation. For each exception, the Vendor shall identify the term or condition, state the reason for the exception, and provide any other information concerning the exception. The Vendor is advised that any exception taken to the terms and conditions of the RFQ may adversely impact their evaluation rating. The Government reserves the right not to accept any exceptions to this RFQ.

Quotations shall consist of three volumes, as follows:

Volume 1 – Technical Approach

Volume 2 – Price

TECHNICAL APPROACH (VOLUME 1) – NTE 13 Pages Total mailto:Lawrence.Williams@usda.gov mailto:Gloria.Brown@usda.gov

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The length of the technical approach volume shall not be more than 13 pages total. Vendors are encouraged to submit the fewest number of pages responsive to the Performance Work Statement requirements using the quotation section page limits as cited within this section. The Pricing information

SHALL NOT be included in the technical quote. The directions provided within this section assist in providing a fair and equitable evaluation of all quotations received. The Agency may determine those quotations not following the directions to be unacceptable, and if so, shall receive no further consideration.

Quotes shall be submitted via email with the solicitation number in the subject line.

All files shall be compatible with Microsoft Office product(s) and/or Adobe software.

The acceptable format is recognized as follows:

1. 8.5 by 11 inch paper

2. 12 pitch font; any typed narrative included on tables or graphics pages may not be smaller than 8 pitch font.

3. 1.25 inch margin left & right, and 1 inch margins at both top and bottom

4. All pages shall be single spaced and be single sided.

5. Every page shall be sequentially numbered.

6. Page numbers shall be centered in the bottom margin, above the proprietary data statement.

7. Foldouts may be used for tables, figures, charts and graphs where necessary for non-narrative discussion illustrating items such as organization, layout or implementation schedules. Foldouts should be uncomplicated to preserve clarity. Extensive written text or tabular data, beyond that reasonably required for clarity, shall not be included in the material presented on the foldout sheet. Foldout pages shall fold entirely within the volume and shall be limited in size to no more than two (2) standard size pages.

Such foldout pages will be regarded as two (2) pages, for page-count purposes.

8. The page restrictions shown below are to assist in focusing quotations on the most important elements, while still allowing a full narrative. The page restriction also assists the quotation evaluation process to be timely and complete. Page restrictions apply to exhibits, charts, diagrams, etc. Any information submitted in excess of the stated page limitations shall not be considered by the Government.

1. Cover Page (not to exceed 1 page) –

At a minimum, this page shall include the Vendor’s name, address, taxpayer ID number, CAGE code;

Vendor’s Point of Contact to include name, title, phone number, and e-mail address; GSA Schedule number if applicable, the solicitation number and date of submission. This page shall also include a quotation validity date of no less than 90 days.

2. Executive Summary (not to exceed 2 pages)

The Executive Summary shall provide a concise narrative summary of your technical quotation, highlighting any key or unique features.

3. Technical Approach (not to exceed 10 pages)

At a minimum, the following shall be addressed:

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a. A description (in the Vendor’s own words) of the technical approach that satisfies the requirements of the Performance Work Statement (PWS). This discussion shall clearly demonstrate the Vendor’s understanding for performing and managing the work, including the proposed methods to ensure that schedules are met, the methods for achieving the goals and objectives stated herein, and any other information (i.e., difficulties, uncertainties, and risks associated with the work) that may bear on your ability to perform the PWS requirements successfully. A simple repetition and/or paraphrasing of the requirements set forth in this solicitation is unlikely to provide for an adequate demonstration by prospective Vendors of a proper understanding of the scope of effort required, and may be judged as insufficient for establishing technical approach.

PRICE (VOLUME 2)

The price quotation shall include the following:

1. The GSA schedule contract number if applicable, date of expiration, maximum ordering amount(s); note, the official GSA schedule must indicate the business size, which will be used to determine award eligibility.

2. Your company’s Taxpayer Identification Number (TIN) and Dun & Bradstreet Number (DUNS).

Your company must have an active System for Award Management (SAM) registration.

3. A complete pricing sheet (Attachment 2) for this solicitation in Excel format.

4. The Government seeks other discounts in addition to the already discounted GSA rates if applicable. The Vendor should clearly identify if any additional discounts are provided, using the Attachment 2 spreadsheet.

5. The Government reserves the right to obtain data, other than certified cost or pricing data, as necessary to establish fair and reasonable pricing.

(End of FAR 52.212-1 Addendum)

5. ADDENDUM FAR 52.212-2 (EVALUATION)

1. BASIS OF AWARD:

The Government will select the best value by conducting a tradeoff among all of the evaluation factors. A

5 | P a g e single Firm Fixed Price purchase Order will be awarded to the Vendor who is deemed responsible in accordance with FAR Part 9, as supplemented, whose quotation conforms to the solicitation’s requirements, (to include all stated terms, conditions, representations, certifications, and all other information required by the FAR 52.212-1 Addendum of this solicitation) and is judged, based on the evaluation criteria to be the best value for the Government. CPARS and FAPIIS searches will be conducted to determine if the selected awardee is a responsible Vendor.

2. EVALUATION FACTORS:

The Government reserves the right to incorporate any part of the awardee’s quotation, in part or whole, into the contract. If the Government elects to exercise this right, the Government will address with the awardee whether or not that aspect of the quotation needs to be protected due to being proprietary or a trade secret.

FACTOR 1 - TECHNICAL APPROACH

The Government will assess its level of confidence that the Vendor will successfully perform the solicitation requirements based on the Technical Approach information submitted in the Vendor’s quotation.

The Government will evaluate the overall quality, reasonableness and comprehensive understanding of the

Vendor’s technical approach as to whether it includes a detailed narrative that clearly outlines the methodology for accomplishing the requirements of the PWS.

The Government will evaluate the technical approach as to how well it addresses accomplishment of PWS requirements and whether it clearly demonstrates the Vendor’s understanding for performing and managing the work; to include the proposed methods of ensuring schedules are met, goals and objectives are achieved, and any other information that may bear on the Vendor’s ability to successfully perform PWS requirements.

FACTOR 2 - PRICE

To be considered for award, the Vendor shall submit prices which comply with the requirements set forth in the FAR 52.212. Vendors who fail to comply with these requirements will receive no further consideration and may be eliminated. The Government will evaluate the Vendor’s quoted prices to assess the reasonableness of the total evaluated price to perform all services. The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

(End of FAR 52.212-2 Addendum)

6. PROVISIONS AND CLAUSES

FAR 52.227-14, RIGHTS IN DATA – GENERAL (MAY 2014)

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 Vendor within 30 days before the task order expiration.

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The following Department of Agriculture Acquisition Regulations (AGAR) are in full text:

AGAR 452.224-70, CONFIDENTIALTY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means –

(1) Information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Vendor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Vendor or that the Vendor is expected to generate which is confidential. Similarly, the contracting Officer and the Vendor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Vendor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not bed is closed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Vendor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the Vendor may proceed with disclosure. Disagreements not resolved by the Vendor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Vendor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Vendor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

7. SPECIAL REQUIREMENTS

Quality Assurance:

The Government will evaluate the Contractor’s performance under this contract in accordance with the

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Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Security:

The Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of this contract. 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 2002 (FISMA), and the

Privacy Act. 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. 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.

(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 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.

(d) Security Classification

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

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

(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, but are not limited to:

Computer Security Act of 1987

Federal Information Security Management Act (FISMA)

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

NIST’s Guide for Developing Security Plans for Information Technology Systems (Special

Publication 800-18)

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U.S. Government “Plain Language” Guidelines http://www.ocio.usda.gov/directives/files/dm/DM3535-000.htm

(g) Confidentiality and non-Disclosure

The Contractor 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 contractor are the property of the U.S. Government and cannot be reproduced, or retained by the contractor. 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.

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

The contract clause set forth below covers the basic security standards for Sensitive-But-Unclassified

(SBU) work.

Based on federal laws, regulations, directives, and policies, it is an inherent Government function for a federal agency to protect its facilities and their occupants from harm and its information from unauthorized disclosure. Therefore, contractor personnel granted official access to a federally controlled facility or permanent access to a federal information system shall be subject to specific security screening requirements similar to those imposed upon federal employees.

The Government and the contractor recognize that certain contractor employees performing under this contract will have access to sensitive Government information. Therefore, the Government and the contractor agree that the Government shall conduct security investigations for any contractor employee performing under this contract, who, in the Contracting Officer’s judgment, is engaged in a function requiring public trust.

Executive Order 13467 (Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information) specifically requires that suitability and fitness investigation standards be applied to contractor employees performing work for the U.S. Government in accordance with the standards defined under 5 CFR 731 (for suitability) and 5 CFR 732 (for access to Classified National Security Information).

Section 3 of Executive Order 13488 (as amended) (Granting Reciprocity on Excepted Service and Federal

Contractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust) further clarifies that:

(b) Investigations for determining fitness for contractual or non-appropriated fund employment. Contractor employee fitness or non-appropriated fund employee fitness is subject to the same position designation requirements and investigative standards, policies, and procedures as fitness determinations for civil https://acquisition.gov/far/current/html/Subpart%2017_2.html

10 | P a g e service employees, as prescribed by the Office of Personnel Management under the Civil Service Rules.”

Finally, Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for

Federal Employees and Contractors) (HSPD-12) does not permit credentialing of a subject before an interim suitability or suitability determination has been made.

(a) General

(1) The Government anticipates that the work to be performed under this contract will 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.

(2) In general, services performed by Contractor’s personnel will fall within three (3)“risk” categories as described below:

(A) High Risk (MBI): Contract personnel with network administrative rights.

(B) Moderate Risk (NACI): All other contract personnel with access to SBU FNS data or information.

(C) Low Risk (Fingerprint): Contract personnel performing less than 180 days.

(b) Types and Number of Background Investigations Required

(1) Work performed under the contract will 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 to require access to PII; SSI | FOUO. Contractor personnel will also have Administrative System Access and will be required to have a Tier 2 (SF-85P) or Tier 1 (Favorable) completed. The type of background investigation required will be commensurate with the risk factor associated with the duties of eachposition 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 Contractor 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 by Key Personnel Proposal

Moderate Risk (NACI) To be determined by Key Personnel Proposal

Low Risk (fingerprints) To be determined

(Primarily applies if contractor’s personnel are stationed at a Government work location.)

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(2) Personnel Security Clearance investigative process and requirements for access to USDA Food and

Nutrition Services (FNS) federally controlled facility or a federal information systems are set forth in the

USDA FNS Contracts Management Division (CMD) Contractor On/Offboarding Process Manual. The purpose of the USDA FNS CMD Contractor On/Offboarding Process Manual outline is to prescribed procedures for adhering to personnel security clearance processing requirements for contractor personnel performing services on or within a USDA FNS facility or through an Information Technology (IT) system.

Contractors shall fully adhere to the entirety of prescribed procedures for contractor security clearance investigative requirements specified in the USDA FNS Contractor On/Offboarding Process Manual.

(3) The Contractor 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” form (FNS-775) must be completed by the COR and submitted to the

Contract Management Division (CMD) for processing.

(4) During the life of this contract, the Contractor shall ensure that no Contractor or sub-Contractor 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

NACIC, a face-to-face personal interview between the investigator and the subject, and telephone inquiries to selected employers.

(2) Moderate Risk Positions:

The background investigation shall be a NACI (National Agency Check and Inquiries). The NACI consists of a NAC, written inquiries and record searches covering specific areas of a subject’s background during the past 5 years.

(3) Low Risk Positions:

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

(d) Separation/Termination of Contractor’s Employees/Completion of Contract

At the completion of the contract or separation/termination of any Contractor’s employee, a “Government

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

Officer.

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FNS Computer System Access:

To perform this contract the Contractor may require computer access to FNS systems. As necessary, the

Contractor shall notify the COR in writing when a Contractor employee requires any type of computer access. The COR shall provide form FNS-674, Computer System Access Request, to the Contractor. The

Contractor shall complete the form, obtain approval from the COR, and submit the form to the FNS

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

Vendor Separation Checklist” for each Vendor 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 317

Alexandria, VA 22302, (703) 305-2242

Additionally, ALL new contract employees accessing FNS’ systems and/or sensitive data are required to complete Security Training in the OIT Training Room, 3rd floor, prior to obtaining computer and sensitive data access. This training shall be coordinated with the COR. A disk or hard copy of the security training may be sent to Contractors whose staffs are performing at off-site locations.

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 andtask/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

13 | P a g e 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 withouttermination 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 effectiveoption/renewal date; whichever shall occur first. To access more information regarding Section 508: http://www.access-board.gov/sec508/standards.htm.

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.

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 promptlysubmit 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 mailto:joseph.hodges@fns.usda.gov mailto:joseph.hodges@fns.usda.gov mailto:joseph.hodges@fns.usda.gov

14 | P a g e mitigated, the Contracting Officer may effect 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.

ADP Compatibility:

The Contractor agrees to comply with both the U.S. Department of Agriculture’s (USDA) and the Food and Nutrition Services’ (FNS) ADP system security requirements to the extent necessary to meet the requirements of the work herein. All databases created and maintained by the Vendor 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

Vendor and the responsible FNS official concerning appropriate computer deliverables may occur during performance of this contract, as appropriate.

Printing:

Unless otherwise specified in this contract, the Contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract.

Provided, however, that performance of a requirement under this contract involving the duplication of less than 5,000 units in the aggregate of multiple pages, will not be deemed to be printing. For the purpose of this paragraph, such pages may not exceed a maximum image size of 10 3/4 by 14 1/4 inches

Paperwork Reduction Act:

In the event that it becomes a contractual requirement to collect identical information from ten or more public respondents, the Paperwork Reduction Act, 44 U.S.C., 3501 et seq., shall apply to this contract. In such an event, the Contractor shall not expend any funds to take any other action whatsoever to solicit information from any of the public respondents until the Contracting Officer has notified the Contractor in writing that the required Office of Management and Budget clearance has been obtained. The Contractor

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8. CONTRACT ADMINISTRATION

8.0 Contracting Officer (CO)

a. The Contracting Officer (CO) has the overall responsibility for the administration of this contract.

He/she alone, without delegation, is authorized to take actions on behalf of the Government to modify terms and conditions of this contract. In the event the Vendor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority, and no adjustment will be made in the contract price to cover any resulting incurred costs.

b. The Contracting Officer is:

Name: To Be Determined

3101 Park Center Drive

Alexandria, VA 22302

Phone: To Be Determined

E-mail: To Be Determined

8.1 Contracting Officer's Representative (COR)

Name: To Be Determined

3101 Park Center Drive

Alexandria, VA 22302

Phone: To Be Determined

E-mail: To Be Determined

Any correspondence concerning technical matters shall be forwarded directly to the Contracting Officer’s

Representative (COR), with copies to the CO.

A COR will be given authority by the CO to monitor all technical aspects and assist in administration of the contract. The types of action within the purview of the COR are: to assure that the Contractor performs all the technical requirements of the contract; to perform or cause to be performed all inspections and acceptance necessary in connection with performance of the contract; and to maintain both written and oral communication with the Contractor concerning technical aspects of the requirements. The COR shall monitor the Contractor’s performance under the contract and notify the

Contractor and the CO of any deficiencies observed, as well as to coordinate Government Furnished

Property (if applicable) and to provide for site entry of Contractor personnel, if required.

The COR is not authorized to change any of the terms or conditions of this contract. The Contracting

Officer is the only person authorized to approve changes in any of the requirements of this contract or modifications issued thereunder and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the CO’s. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the CO or is pursuant to specific authority otherwise included as part of this contract. In the event the Contractor effects any change at the direction of any person other than the CO, the change will be considered to be unauthorized.

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9. INVOICE REQUIREMENTS

Submission of Invoices:

(a) Invoices shall be submitted in accordance with the “Authorized Payment Schedule” for each contract/task/order. The contractor shall submit a monthly progress update at a monthly interval with the monthly progress invoice throughout the life of the project. The submission of an acceptable, progress update to the Government is a condition precedent to processing of the

Contractor’s pay request for the monthly invoice.

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

1. Name and address of the business concern;

2. Invoice number and invoice date;

3. Contract number, Delivery Order number, Purchase Order number, Task Order number, or other authorization for delivery of property or services actually delivered or rendered;

4. Description, unit price, extended price, and quantity of property and services actually delivered or rendered with supporting documentation (i.e. travel receipts, etc.).

5. Shipping and payment terms;

6. Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

7. A certification statement saying that the funds have only been used for work for this contract;

8. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice; Taxpayer Identification Number (TIN) or DUNS+4; and

9. Vendors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the contract. USDA and the Invoice Processing Platform (IPP) – http://www.ipp.gov/Contractors/index.htm.

The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s

Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is 866-973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov. If you have any questions or concerns, please contact the Controller Operations Division Help Desk at: 1-877-243-3072 or via e-mail at: cod.help@usda.gov.

10. LIST OF ATTACHMENTS

http://www.ipp.gov/Contractors/index.htm mailto:IPPCustomerSupport@fms.treas.gov mailto:cod.help@usda.gov

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ATTACHMENT 1: PERFORMANCE WORK STATEMENT

ATTACHMENT 2: PRICING SHEET

File details come from the government source that posted it.