ATT_A_SOO_1231ME18R0019.pdf

Attachment A – Statement of Objectives (SOO) USDA/RD/RUS Broadband Pilot Program (BPP) Technical Assistance and Pre-Development Planning Activities Dated 8-17-18

United States Department of Agriculture Rural Development / Rural Utilities Service Broadband Pilot Program (BPP)

Table of Contents

INTRODUCTION

PROGRAM SCOPE

PURPOSE

FUNCTIONAL AREAS

KEY PERSONNEL

SCOPE

Functional Area 1. Technical Assistance

Functional Area 2. Communications and Outreach

Functional Area 3. Pre/Post Award Monitoring

Functional Area 4. Reporting

Functional Area 5. Management and Administration

DELIVERY SCHEDULE

TYPE OF ORDER

PERIOD OF PERFORMANCE

RECOGNIZED HOLIDAYS

CONSTRAINTS

Place of Performance:

Required Work Hours:

TRAINING AND TRAVEL

GOVERNMENT FURNISHED PROPERTY/INFORMATION

CONTRACTING OFFICER’S REPRESENTATIVE

SECURITY REQUIRIMENTS

INVOICING PROCEDURES

INTRODUCTION

The United States Department of Agriculture (USDA) Rural Development (RD) administers various Rural Utilities Service (RUS) Telecommunications Program loan and grant programs1. These programs provide financial assistance in the form of loans and grants for the construction, improvement and acquisition of facilities and infrastructure necessary to deliver broadband services to rural areas.

On March 23, 2018, President Trump signed into law H.R. 1625, the Consolidated Appropriations Act, 20182 (“The Act”). Sec. 779 of the Act authorizes the RUS to expand upon its existing authority to provide loans and grants for the deployment and construction of broadband systems. To accomplish this, RUS is establishing a national broadband service development and expansion program to facilitate rural economic development by improving access to broadband service in rural areas without service or that lack sufficient access to broadband service.

The Act provides for $600,000,000 in budget authority to provide grants and loans for the development and construction of broadband systems. Leveraging of this budget authority will result in an initially estimated program level of $1 to $2 billion in loans and grants. The Act requires that 90% of a funded area be in a rural area that lacks “sufficient access to broadband, defined for this pilot program as 10 Mbps downstream and 1 Mbps upstream” to facilitate rural economic development.

RUS will provide a combination of direct loans and grants to applicants that offer to provide broadband service to areas that lack sufficient access to broadband. A portion of the funds will be awarded on a first come, first served basis and a portion will be awarded on a competitive basis with transparency and accountability.

The agency is anticipating accepting applications in late 20183, with initial funding awarded in first quarter of 20194.

PROGRAM SCOPE

The scope of this pilot program is to utilize funding appropriated by congress to award loans and grants for the accelerated implementation of broadband deployment in areas that currently do not have

1 Telecom Programs @ USDA: https://www.rd.usda.gov/programs-services/all-programs/telecom-programs 2 H.R.1625 - Consolidated Appropriations Act, 2018, https://www.congress.gov/bill/115th-congress/house-bill/1625 3 The exact date is TBD 4 The exact date is TBD https://www.rd.usda.gov/programs-services/all-programs/telecom-programs https://www.congress.gov/bill/115th-congress/house-bill/1625 https://www.congress.gov/bill/115th-congress/house-bill/1625 sufficient access to broadband. These funds will allow opportunities for innovation and business growth that will in turn create jobs and provide significant benefits to the populations previously with limited access to broadband.

PURPOSE

The purpose of this SOO is to obtain the services of a broadband industry consultant to assist in implementing the statutory and other requirements of the BPP under the Act.

The contractor will administer technical assistance and pre-development planning activities, including, but not limited to, outreach to potential applicants5 (e.g., maximizing knowledge of program), assistance to applicants in understanding the processes for the creation and submission of applications, delivery of workshops to assist applicants on providing quality applications, pre-award monitoring and reporting, determining if sufficient access to broadband exists in proposed service territories, assisting with the evaluation of operations of applicants that are successful, post award activities to facilitate successful program delivery, and development of materials necessary to facilitate these efforts, in compliance with guidance issued by the RUS.

The contractor shall report to the Assistant Administrator, Telecommunications (AA), via the Contracting Officer’s Representative (COR.

The following sections outline the qualifications of the requirements for fulfilling this SOO.

The contactor shall:

Possess experience in the broadband industry including specialized knowledge and experience in wireline and wireless communications.

Possess expertise in commercial lending procedures and practices, knowledge of Federal loan and grant programs and knowledge of Federal regulatory procedures and statues applicable to credit reform.

Possess financial expertise and knowledge of the operations of broadband telecommunications, internet, cable and other systems capable of providing broadband service.

5 While the exact number of loan and grant awards to be issued is still undetermined, for planning purposes the contractor shall anticipate that 1,000 applications will be submitted during the base period with at least 50 applications in each of the option years.

Possess engineering expertise and knowledge in the construction of systems capable of providing broadband services.

Possess experience and knowledge of The National Environmental Policy Act (NEPA)6 and Section 106 of the National Historic Preservation Act of 1966 (NHPA)7 and other federal environmental policies.

Experience and knowledge of business processes of the RUS Telecommunications Programs.

Provide the staff to efficiently and effectively carry out the technical assistance and pre-development planning activity requirements of the Broadband Pilot Program.

Demonstrate the ability to provide technical assistance to a large volume of potential applicants.

Possess expert knowledge that shall include, but not be limited to, risk factors, industry characteristics, product life cycles, infrastructure, access to capital, viability of technology, risk management, underwriting strategies to minimize risk, collateral and intellectual property.

Facilitate stakeholder meetings with other Federal agencies, State and local governments, industry, awardees and applicants, as required.

Demonstrate the ability to draft policy, process and procedure documents and program briefings.

Provide the personnel, materials, facilities, technical expertise and supplies necessary to complete the requirements of this SOO.

FUNCTIONAL AREAS

The resulting contract will include the following major requirements categories:

Technical Assistance - The contractor shall possess the technical ability to understand, communicate and support the development of broadband loan and grant applications including, but not limited to, eligibility requirements, financial analysis, engineering designs and environmental analysis. The contractor shall also possess the ability to assist recipients on the technical aspects of the construction and deployment of broadband related infrastructure, equipment, instrumentation, network capability, hardware, software, and digital network technology. Technical assistance shall ensure the applicants

6 National Environmental Policy Act (NEPA), https://ceq.doe.gov/ 7 National Historic Preservation Act of 1966 (NHPA), http://www.achp.gov/106summary.html https://ceq.doe.gov/ http://www.achp.gov/106summary.html fully understand statutory and programmatic requirements to assure successful implementation of the approved projects.

The contractor shall also assist RUS with identifying areas that do not have sufficient broadband service at 10 Mbps downstream and 1 Mbps upstream as defined by The Act. This will include, but not be limited to, evaluating Public Notice Responses from incumbent service providers in areas where service is proposing to be deployed as well as evaluate the proposed service territories for any service providers that may not have responded.

The contractor shall also assist RUS with performing a Management Analysis Profile of every applicant that receives an award. This review will consist of an operation review of company.

The contractor will travel to applicant and recipient locations, as well as to workshops, as necessary.

Communications and Outreach - The contractor shall support RD in the effective and efficient communications and outreach with the program’s stakeholders. The contractor shall provide support in conducting communications and outreach activities with recipients.

Pre and Post-Award Monitoring - The contractor shall provide support for the entire application process as discussed herein, maintaining a central system repository for all correspondence and communication with applicants utilizing RD and contractor approved tracking information collection processes. The contractor shall assist the agency in awardee site visits to mitigate waste, fraud and abuse and ensure compliance with program requirements and award conditions. The contractor shall assist RUS in developing project monitoring guidance, processes, procedures and policy.

Reporting – The contactor shall assist in the identification, development and execution of reports that show all necessary data (e.g., funding location(s), technology(s) deployed, coverage achieved) to allow the program to manage, monitor and inform applicants and awardees (As well as other internal and external stakeholders) and to visually highlight the impacts of funding improving broadband infrastructure deployments.

Management and Administration – The contactor shall develop and execute an agreed upon program management plan that includes all items necessary to execute this order, including, but not limited to: a master schedule of multiple tasks and Labor Mix required to address all aspects of this SOO, a Quality Assurance Surveillance Plan (QASP) that monitors quality assurance throughout the life of the contract ensuring that scheduled requirements are met or exceeded to support aggressive deployment schedules, meetings as necessary to assure the successful delivery under the contract, and a detailed work plan that addresses all requirements set forth in this SOO.

KEY PERSONNEL

The contractor shall outline all staff considered Key Personnel and provide the expertise, technical knowledge, staff support and other related resources necessary to perform under this SOO.

SCOPE

The scope of this effort is limited to the following activities defined under the following functional areas:

Functional Area 1. Technical Assistance

For the purposes of planning, the contractor shall plan on assisting applicants on a rolling basis throughout the base period and option years.

1. Creation of a technical assistance Management Plan that addresses all aspects of this SOO, including, but not limited to: assisting applicants to prepare loan and grant applications, assist applicants in planning to construct and operate broadband systems and providing subject matter experts for any technical review questions that arise during the application process.

2. Development and maintenance of a Technical Assistance process.

3. Provide a scalable approach to the application assistance process based on knowledge of technical assistance alternatives.

4. Support in the development of a consistent application assistance process for the multiple rounds of funding, including a standardized approach based on the Agency on-line application input system.

5. Provide for Broadband availability findings in proposed service areas, visiting sites as required.

6. Assist in evaluating Public Notice Responses from incumbent service providers in areas where service is proposing to be deployed as well as evaluate the proposed service territories for any service providers that may not have responded.

7. Provide legal assistance, advice and support on program issues.

Functional Area 2. Communications and Outreach

The Contractor shall support RD in the effective and efficient communications and outreach with the program’s stakeholders. The contractor shall provide support in conducting communications and outreach activities with recipients.

1. Identification of mechanisms for ongoing applicant education using commercially available or existing RD resources such as webinars, listservs, e-newsletters, etc.

2. Convening pre-award regional workshops to educate and inform potential applicants, including meeting material preparation. These workshops will commence with the release of the Notice of Funding Availability (NOFA) announcing the program and will conclude with the closing of application windows under the NOFA.

It is initially estimated that four (4) pre-award regional workshops would be held for each NOFA. It is anticipated that there will be two NOFAs released.

3. Convening post-award national workshops

It is initially estimated that one (1) post-award national workshops would be held for each NOFA.

Workshops will allow all awardees to understand all post-award processes and procedures (e.g., how to use our procedures and contracts, how to complete financial/compliance reports, etc.).

Locations will be chosen around the time of submission of the NOFA.

4. Assist in the creation and reinforcement of National Broadband Initiative “brand” including a consistent “look and feel” in development of communications materials.

5. Creation, editing, proofreading and dissemination of the programs’ documents and briefings.

6. Creation of fact sheets and frequently asked questions documents.

7. Maintain correspondence in response to inquiries of the program.

8. Assistance in the development of Web page content for USDA webpages.

9. Development of a comprehensive data analysis report reflecting program-specific information and performance metrics for publication.

Functional Area 3. Pre/Post Award Monitoring

The contractor shall provide Pre and Post Award Monitoring technical support for the entire application process as discussed herein.

1. Maintain central system repository for all correspondence and communication with the applicants utilizing RD and contractor approved tracking information collection process.

2. Performing awardee site visits to mitigate waste, fraud and abuse and ensure compliance with grant requirements and award conditions. This will include assisting RUS with performing a Management Analysis Profile (MAP) which is an operation review of the companies that receive awards.

Contractor will be part of a team consisting of contractor staff and RUS staff.

3. Track metrics and conduct ongoing internal evaluation of performance in meeting program goals as it relates to proposal submissions.

4. Develop project monitoring guidance and policies.

Functional Area 4. Reporting

The contractor shall determine requirements for the development of reports to track applicant proposals.

1. Identify requirements for reports that show all necessary data to allow the program to visually highlight the impacts of technical assistance and pre-development efforts.

2. Develop specific reporting as required.

Functional Area 5. Management and Administration

The contractor shall designate a Program Manager (PM) to coordinate the day-to-day activities and to act as the interface with the COR.

1. Ensure the availability of staff with the requisite experience, skills, and knowledge needed in accordance with submitted Staffing Plan and Labor Mix submitted in the technical proposal.

2. Maintain a management/Staffing plan that includes a master schedule of the required tasks and personnel to support the requirements set forth.

3. Ensure that the functional requirements of this SOO, at a minimum, are satisfied throughout the life of the contract.

4. Develop and follow the QASP as submitted and approved by the Government.

5. Schedule, execute, document minutes, add follow up as required for the Award kick-off meeting.

6. Provide monthly status reports. The reports shall reflect the accomplishments achieved and projections for the next month.

7. Provide a Final Assessment Report detailing the overall implementation of the BPP, including best practices, lessons learned, and recommendations for future activities.

8. Provide a Final Report Presentation to present a final analysis and recommendations to RUS senior staff.

DELIVERY SCHEDULE

The following delivery schedule sets forth the timeframes for each functional area listed under this SOO.

Timely submission of deliverables is essential to successful completion of this SOO.

All deliverables shall be prepared and submitted according to the table. While specific timeframes are not always established for each deliverable associated with the items herein, RD expects that the deliverables be completed in the most logical order to facilitate the most efficient implementation of this program.

The following table sets forth the requirements as it relates to the different function areas and the requirements of each.

The Proposed Tasks and Deliverables:

Reference Deliverable Objective Delivery Format Due Functional Area 1 and 5

Management Plan Assurance of an adequate overall program management plan that addresses all aspects of this SOO to include:

• Objectives

• Schedule (high-level)

• Roles and responsibilities

• Technical Approach

In a format acceptable to contractor and program staff

Within 7 business days of award

Functional Area 1

Technical Assistance process

Assurance of an adequate overall process that addresses all aspects of this SOO to include:

• Objectives

• Roles and responsibilities

• All processes and procedures to follow from applicant identification through post award monitoring

In a format acceptable to contractor and program staff

Initially due within 45 days of contract award with ongoing updates as necessary throughout the length of the contract.

Area 2

Convening pre-award regional workshops to educate and inform potential applicants, including meeting material preparation.

Development of necessary materials & subsequent delivery of workshops

In a format and methodology acceptable to contractor and program staff

Estimated that four (4) pre-award regional workshops would be held for each funding window.

Functional Area 5

A staffing plan/labor mix to support application acceptance, peer review, processing, review decision, etc.

Assurance of adequate staffing to meet all requirements set forth the

SOO

Excel Spreadsheet with Technical Proposal

Proposal submission, updates set forth in the monthly report and resubmitted bi-annually

Area 2

Creation of fact sheets and frequently asked questions documents.

Development of necessary materials

In a format acceptable to contractor and program staff

60 days post SOO award date (and ongoing updates throughout performance period)

Functional Area 2

Post-Award national workshops.

Development of necessary materials & subsequent delivery of workshops

In a format and methodology acceptable to contractor and program staff

Estimated that one (1) post-award national workshops would be held for each funding window where all awardees would be invited to understand all post-award processes and procedures.

Functional Area 5

Kickoff meeting and minutes

Meeting Washington D.C.

Office to discuss and review:

• Objectives

• Schedule (high-level)

• Roles and responsibilities

• Technical Approach

• Assurance of an adequate program management plan that addresses all aspects of this SOO

• Next Steps

In a format acceptable to the contractor and program office

Within 14 days of award the Kickoff Meeting shall be conducted.

The meeting minutes must be submitted within 5 business days of the kickoff meeting

Area 5

A Quality Assurance Surveillance Plan

(QASP)

QASP that sets forth the performance surveillance and monitors quality assurance throughout the life of the contract

Due at time of Proposal Submission.

Draft to be finalized and accepted as part of the Award

Functional Area 5

Monthly Status Report

Summarizes progress, work related issues, personnel attendance or absences, upcoming work, milestone issues, risks, funding etc.

• Objectives

• Schedule (high-level)

• Roles and responsibilities

• Technical Approach

• Next Steps

Email and in person meeting

Within 5 business day following the end of the month

Functional Area 5

Final Report Presentation Final Assessment Report detailing the overall implementation of the BPP

To present the Final Assessment Report to USDA senior staff. Final report to include an executive summary;

detailed analysis and recommendations.

Via Email in Microsoft Word and PDF format to COR

Due 14 calendar days after submission of Final Assessment Report Due 14 calendar days after project completion with updates 14 days post receipt of government comments and final report presentation.

Functional Area 5

Final Report Presentation

To present a final analysis and recommendations to USDA senior staff.

Email and in person meeting

Due 14 calendar days after submission of Final Assessment Report

TYPE OF ORDER

The Government anticipates a hybrid Fixed Price and Time and Materials award resulting from the solicitation. The labor will be fixed price and all other costs will be T&M (i.e., Travel, ODCs).

PERIOD OF PERFORMANCE

The Period of Performance for the work/services covered under this contract shall be:

Base Period 11/14/18 to 11/15/20 Option Period 1 11/14/20 to 11/15/21 Option Period 2 11/14/21 to 11/15/22

RECOGNIZED HOLIDAYS

The following federal holidays are observed:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by a President's Proclamation

It is understood and agreed between the Government and the contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except as set forth within the contract. If a contractor believes that an unplanned absence has an impact on the price or period of performance, it should notify the contracting officer (CO) of the changed condition and submit a claim for equitable adjustment (see FAR 52.233-1).

Nothing in this clause abrogates the rights and responsibilities of the parties relating to "stop work" provisions as cited in other sections of this contract.

CONSTRAINTS

Place of Performance:

The primary place of performance will be at the contractor’s facility but additional performance under this SOO may also be required at USDA facilities located at:

1400 Independence Ave, SW Washington, DC 20250

Required Work Hours:

The hours of operation shall be limited to Monday through Friday, between 6 a.m. and 6 p.m. local time, excluding Federal Holidays and other specified closings, unless otherwise noted. The actual day-to-day hours needed will be based on the needs of the program. Core hours of 9 a.m. to 3 pm shall be covered.

The schedule may need to be adjusted on occasion to provide specific support coverage, to address major system / application releases and/or other pressing contingencies.

Rehabilitation Act of 1973

This SOO 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)8. Specifically, subsection 508(a) requires that Federal employees and members of the public with disabilities have comparable access to and use of information and data provided to employees and members of the public without disabilities.

TRAINING AND TRAVEL

Travel under this task award may be necessary accomplish certain task(s) contained in this task award.

Travel must be authorized by the COR and CO prior to commencement for billing against the contract.

Except for exceptional circumstances, travel will not be reimbursed at more than applicable rates cited in the Federal Travel Regulations, prescribed by the General Services Administration, for travel in the conterminous 48 United States or the Standardized Regulations (Government Civilians, Foreign Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas," prescribed by the Department of State, for travel in areas not covered above.

The contractor is expected to provide a fully trained workforce to the government; therefore, personal development training costs and hours are not billable to the government. If the government elects to pay for mission-specific training not available commercially, the specific details must be provided on how training will be paid/reimbursed. There are rare circumstances where the government may reimburse for other specific training. This must be approved by the COR and CO prior to any training.

GOVERNMENT FURNISHED PROPERTY/INFORMATION

8 Section 508 Law and Related Laws and Policies, https://section508.gov/content/learn/laws-and-policies https://section508.gov/content/learn/laws-and-policies

RD will provide policies, procedures, historical stakeholder data, financial data, and individual loan and grant files to the extent needed for successful execution of the project. Unless otherwise indicated, all data made available under this project must remain confidential.

The Awardees deliverables and all data collected under this project are the sole property of the government and are not for distribution without prior written consent of the COR and CO.

RD will provide government-issued computers for all contractor employees to access RD systems for application tracking and monitoring, correspondence tracking, loan and grant processing and servicing, reporting and any other purposes specific to this project.

The contractor will be required to obtain a government-issued ID and logon-ID and take security awareness courses to access RD systems.

Conditional Access and Data Sensitive Security Information, Non-Disclosure Agreement as outlined in

DM-3550-02.

FAR 42.13 and FAR Clause 52.242-17 - Government Delay of Work (APR 1984)

(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing accordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption.

However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.

(b) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved, and

(2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.

CONTRACTING OFFICER’S REPRESENTATIVE

In accordance with Section G.2 (CAR Clause 1352.201-72, Contracting Officer’s Technical Representative and Assistant COTR), the designated COR for this order will be provided at time of award.

Task Manager: Robert Ehrlich Email: robert.ehrlich@wdc.usda.gov Phone: 202.205.4989 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=4e844c537457149a27a94427b43e7320&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.242-17 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9a2fda2c3c1f1184825c68987b872e00&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.242-17 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9a2fda2c3c1f1184825c68987b872e00&term_occur=2&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.242-17 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=9a2fda2c3c1f1184825c68987b872e00&term_occur=3&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.242-17 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=80fb588108eda34822560ae27fdc9a0d&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.242-17 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=37cf98339af39d5caa6e71586c935a42&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.242-17 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f90711f21c4e91b9452956c6ec1909ce&term_occur=1&term_src=Title:48:Chapter:1:Subchapter:H:Part:52:Subpart:52.2:52.242-17

SECURITY REQUIRIMENTS

The systems supported under this task are Low.

Suitability/Risk Level - The suitability or risk level for this work has been determined to be: Low. As such, the contractor shall pre-screen their employees to eliminate anyone who does not meet the following criteria: The prospective employees can be U.S. Citizens OR Foreign Nationals.

For low risk contracts, as prescribed in 48 CFR 1337.110-70(c), insert the following clause:

48 CFR 1352.237-71 Security Processing Requirements—Low Risk Contracts (APR 2010)

(a) Investigative Requirements for Low Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Agriculture IT system. All Department of Agriculture security processing pertinent to this contract will be conducted at no cost to the contractor.

(b) Investigative requirements for Non-IT Service Contracts are:

(1) Contracts more than 180 days—National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days—Special Agency Check (SAC).

(c) Investigative requirements for IT Service Contracts are:

(1) Contracts more than 180 days—National Agency Check and Inquiries (NACI).

(2) Contracts less than 180 days—National Agency Check and Inquiries (NACI).

(d) In addition to the investigations noted above, non-U.S. citizens must have a background check that includes an Immigration and Customs Enforcement agency check.

(e) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). Non-U.S. citizens (lawful permanent residents) to be employed under this contract within the United States must have:

(1) Official legal status in the United States;

(2) Continuously resided in the United States for the last two years; and

(3) Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters.

(f) DOC Security Processing Requirements for Low Risk Non-IT Service Contracts.

Processing requirements for Low Risk non-IT Service Contracts are as follows:

(1) Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. The contract employee must also complete fingerprinting.

(2) Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check (SAC), to be processed. The Sponsor will forward a completed Form OFI-86C, FD-258, Fingerprint Chart, and Credit Release Authorization to the servicing Security Officer, who will send the investigative packet to the Office of Personnel Management for processing.

(3) Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site.

(4) For Low Risk non-IT service contracts, the scope of the SAC will include checks of the Security/Suitability Investigations Index (SII), other agency files (INVA), Defense Clearance Investigations Index (DCII), FBI Fingerprint (FBIF), and the FBI Information Management Division (FBIN).

(5) In addition, for those individuals who are not U.S. citizens (lawful permanent residents), the Sponsor may request a Customs Enforcement SAC on Form OFI-86C, by checking Block #7, Item I. In Block 13, the Sponsor should enter the employee's Alien Registration Receipt Card number to aid in verification.

(6) Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security. Upon receipt of the required forms, the Sponsor will forward the forms to the servicing Security Officer. The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility (i.e., adequate controls and restrictions are in place). The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations.

The Contracting Officer will notify the contractor of an approved contract start date.

(g) Security Processing Requirements for Low Risk IT Service Contracts. Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts.

(1) Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries (NACI) to be processed. The Contracting Officer's Representative (COR) will invite the prospective contractor into e-QIP to complete the SF-85. Fingerprints and a Credit Release Authorization must be completed within three working days from start of work, and provided to the Servicing Security Officer, who will forward the investigative package to OPM.

(2) For Low Risk IT service contracts, individuals who are not U.S. citizens (lawful permanent residents) must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service. The Sponsor must request the ICE check as a part of the NAC.

(h) Notification of Disqualifying Information. If the Office of Security receives disqualifying information on a contract employee, the Sponsor and Contracting Officer will be notified. The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems. Contract employees may be barred from working on the premises of a facility for any of the following reasons:

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude.

(2) Falsification of information entered on security screening forms or of other documents submitted to the Department.

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract.

(4) Any behavior judged to pose a potential threat to Departmental information systems, personnel, property, or other assets.

(i) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

(j) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(k) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

INVOICING PROCEDURES

Invoices shall be submitted to: http://www.ipp.gov/vendors/index.htm in accordance with the "Authorized Payment Schedule" for each contract/task order. 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 delivered or rendered

4. Description, unit price, extended price, and quantity of property and services delivered or rendered 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

9. Taxpayer Identification Number (TIN) or DUNS+4; and

10. Contractors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment/services or completion of the contract.

USDA and the Invoice Processing Platform (IPP) - http://www.ipp.gov/vendors/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).

http://www.ipp.gov/vendors/index.htm http://www.ipp.gov/vendors/index.htm

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, as well as:

1. e-mail notification when invoice(s) are paid

2. online payment history

3. remittance download

The e-mail notification of payment is sent when a payment is distributed to the COR when payment is sent.

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. This authority remains solely with the Contracting Officer. In the event the Contractor 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 INCREASE in costs incurred as a result thereof.