Statement-of-Work_Clauses_Price-Schedule.pdf
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Text version
See the Statement of Work and Clauses for more information.
See section B.2
Rio Laserfiche Software Assurance Plan maintenance See the Attachments and clauses for more details.
1232SA19Q0116 9/27/2019
541519
$27.5M see section E.3
B. Continuation of SF 1449 This document consists of the following sections:
PART DESCRIPTION
A Standard Form 1449 B Continuation of the SF 1449 C Contract Clauses D Any Contract Documents, Exhibits or Attachments E Solicitation Provisions and Instructions to Offeror(s)
B.1 Continuation of Block 16 - Administered By B.1.1 Contracting Officer The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; issue task orders against the contract; make final decisions on disputed deductions from contract payments for nonperformance, or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, the CO may delegate certain other responsibilities to the Contracting Officer’s Representative (COR). All delegated duties will be specified in writing by a COR Appointment and Delegation Notice.
(End of Text)
B.2 Continuation of Block 18. Electronic Invoicing & Payment Requirements, Invoice Processing Platform Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform (IPP).
“Payment Request” means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions—Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment, UserIDs and Passwords can be obtained by contacting the IPP Helpdesk via email at IPP Customer Support Desk at 1-866-973-3131 or IPPCustomerSupport@fms.treas.gov. For all other IPP issues, please contact: COD Helpdesk at 1-877-243-3072 or COD.HELP@usda.gov.
(End of Text)
C. Contract Clauses C.1 Federal Acquisition Regulations (FAR) Clauses C.1.1 FAR 52.252-2 Clauses Incorporated by Reference (February 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:
http://www.acquisition.gov/far/
(End of Clause)
__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Jul 2010) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
__ (ii) Alternate I (June 2003) of 52.219-23.
__ (22) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (23) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
__ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
__ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (29) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.
13126).
_X_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_X_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_X_ (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
_X_ (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
__ (34) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).
_X_ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__ (36) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
X__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.
8259b).
__ (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).
__ (ii) Alternate I (DEC 2007) of 52.223-16.
X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
__ (41) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (42)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.
4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).
__ (ii) Alternate I (Mar 2012) of 52.225-3.
__ (iii) Alternate II (Mar 2012) of 52.225-3.
__ (iv) Alternate III (Nov 2012) of 52.225-3.
__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
255(f), 10 U.S.C. 2307(f)).
__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).
_X_ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).
__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
__ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).
__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub.
L. 110-247).
__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222- 40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C.
351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (AUG 2013).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.
110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause)
C.1.5 FAR 52.217-8 Option to Extend Services (November 1999) As prescribed in 17.208(f): 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)
C.1.6 Representations, Certifications, and Other Statements of Offeror In accordance with FAR 15.204-1(b), the completed and submitted “Representations, Certifications, and Other Statements of Offeror”, are incorporated by reference in this contract.
C.1.7 FAR 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) As prescribed in 32.706-3, insert the following clause:
(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(1) Any such clause is unenforceable against the Government.
(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(End of Clause)
C.2 Department of Agriculture Acquisition Regulations (AGAR) Clauses The following AGAR clauses can be accessed at https://www.dm.usda.gov/procurement/policy/agar.htm
(End of text)
C.2.1 AGAR 452.224-70 Confidentiality of Information (February 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 Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential.
Similarly, the contracting Officer and the Contractor 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 Contractor 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 be disclosed 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 Contractor'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 contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.
(g) Whenever the Contractor 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 Contractor 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.
C.2.2 AGAR 452.237-75 Restrictions Against Disclosure (February 1988)
(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence.
The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.
(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.
(End of Clause)
C.2.3 AGAR 452.246-70 Inspection and Acceptance (February 1988)
(a) The Contracting Officer or the Contracting Officer’s duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.
(b) Inspection and acceptance will be performed at: USDA/Washington, D.C. and Kansas City, Missouri.
(End of Clause)
C.2.4 AGAR 452.211-73 Attachments to Statement of Work/Specifications (February 1988) The attachments to the Statement of Work/Specifications listed in Attachment A are hereby made part of this solicitation and any resultant contract.
(End of Clause)
C.2.5. AGAR 452.211-74. Period of Performance. (February 1988).
The period of performance of this contract is: 9/30/2019 at 6:00pm ET to 9/29/2020 at 11:59pm ET (tentative).
C.2.6 AGAR 452.237-74 Key Personnel (February 1988)
(a) The Contractor shall assign to this contract the following key personnel:
[To Be Determined at Time of Award]
(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.
C.3 Additional Contract Provisions C.3.1. Other Key Personnel Although other key personnel are not required, the contractor is encouraged to consider and propose Key Personnel as appropriate. If additional key personnel are proposed, the contractor shall provide evidence of their experience and education related to their proposed role under the statement of work.
(End of provision)
C.3.2. Key Personnel Substitution The contractor shall not replace any personnel designated as Key Personnel without the written concurrence of the CO. This notification shall be no later than ten calendar days in advance of any proposed substitution and shall include justification (including resume(s) and labor category of proposed substitution(s)) in sufficient detail to permit evaluation of the impact onto performance.
Substitute personnel qualifications shall be equal to, or greater than, those of the personnel being substituted. If the Government CO and the COR determine that a proposed substitute personnel is unacceptable, or that the reduction of effort would be so substantial as to impair the successful performance of the work under the TO, the contractor may be subject to default action as prescribed by FAR 52.249-8, Default (Fixed-Price Supply and Service).
(End of provision)
C.3.3. Legal Holidays (a)The Federal Government observes the following days as holidays.
New Year’s Day January 1st* Martin Luther King’s Birthday Third Monday in January Presidents’ Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4th* Labor Day First Monday in September Columbus Day Second Monday in October Veterans’ Day November 11th Thanksgiving Day Fourth Thursday in November Christmas Day December 25th*
*If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.
(b) In addition to the days designated above as holidays, the Government may observe additional days in accordance with 5 USC § 6103.
(End of provision)
D. Documents, Exhibits or Attachments
Attachment A. Statement of Work.
Attachment B. Pricing Schedule.
(End of Text)
E. Solicitation Provisions and Instructions to Offeror(s) E.1 Solicitation Provision Incorporated by Reference This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. See FAR clauses 52.252-1 contained in this section in full text.
(End of provision)
FAR Provision Title/Date FAR 52.223-1 Bio-based Product Certification (May 2012)
(End of provision)
E.2 AGAR 452.204-70 Inquiries (February 1988) Inquiries and all correspondence concerning this solicitation shall be submitted in writing to the Contracting Officer. Offerors should only contact the Contracting Officer issuing this solicitation about any aspect of this requirement prior to award.
Name: Paul Merritt, Contract Specialist E-Mail: paul.merritt@ars.usda.gov
(End of Clause)
E.3 Additional Instructions for Offerors
1. Respondent shall submit for receipt no later than September 30, 2019 at 9:00 am ET.
2. The Offeror agrees to hold this offer firm, if accepted within 60 calendar days from the date for receipt of offers.
3. The Offeror’s System for Award Management (SAM) Account is updated and active.
4. The proposal shall be divided between the following sections: (i) Forwarding Letter, (ii) Pricing, and (iii) Technical Approach.
i. The Forwarding Letter shall reference the solicitation and provide points of contact from your firm regarding any communications associated with the proposal. Any Questions and Responses Summary and/or Amendments to the Solicitation issued by the Government shall be acknowledged by the offeror as having been “received and considered for proposal preparation.” Also, the letter shall include a consolidated list of exceptions and clarifications to the solicitation terms and conditions. This section shall explain any exceptions (including any deviations and conditional assumptions) to technical, pricing or other requirements with respect to this solicitation. Any exceptions must contain sufficient justification to permit evaluation by the Government. Such exceptions will not, of themselves, automatically cause a proposal to be termed unacceptable. A large number of exceptions or one or more significant exceptions not providing any obvious benefit to the Government may, however, result in rejection of such a proposal as unacceptable.
ii. The Pricing Section of the proposal shall include pricing by Contract Line Item Number (CLIN) (and Sub-CLIN (SLIN), if applicable) as included the schedule. Details regarding number of labor hours, mix between labor categories (i.e. skill mix), labor rates, material types and quantities, and any other direct costs shall be provided in the pricing section. If subcontracting or teaming is proposed, then a breakdown by price element between teammates and/or prime vice subcontractor shall be provided. The Contractor shall propose a Payment Schedule. Payments will be made in arrears upon acceptable delivery.
iii. The Technical Section of the proposal shall include a discussion of the offeror’s approach to meeting the requirements of the project. The discussion should be specific, detailed, and complete enough to clearly and fully demonstrate understanding of the requirements and the inherent problems associated with the objectives of this procurement. Stating that your firm understands and will comply with the specifications, or paraphrasing the specifications is inadequate as are phrases such as: "Standard procedures will be employed" and "Well-known techniques will be used." The Technical Section of the proposal shall be divided into the following sub-sections:
Technical Approach: Describe your technical approach to this project including type of staff needed and description of key personnel. Technical approach should demonstrate your understanding of the technical requirements and level of effort needed to successfully complete this work.
(End of provision)
E.4 FAR 52.216-1 Type of Contract (April 1984) The Government contemplates award of a Firm Fixed Priced award resulting from this solicitation.
(End of Clause)
E.5 Evaluation Factors for Award The Government intends to make one award as a result of this requirement. Award selection will be based on the lowest price technically acceptable proposal. The Government reserves the right to make award without discussion.
(End of provision)
Attachment A, Statement of Work
BACKGROUND
The Economic Research Service (ERS) is a Principal Federal Statistical Agency. It is one of four agencies in the Research, Education, and Economics Mission Area of the U.S. Department of Agriculture (USDA).
ERS is the main source of economic information from USDA. Its mission is to inform and enhance public and private decision-making on economic and policy issues related to agriculture, food, natural resources, and rural development. To accomplish this mission, ERS economists and social scientists develop and disseminate economic, social scientific, and statistical information to the public. The program encompasses research; analyses of food and commodity markets; policy studies; development of estimates, forecasts, and other economic and statistical indicators; and development of data sets compiled from diverse sources.
ERS’s online communication is critical to the ability of ERS to maintain and raise the profile of its work, extend the value of its products, and meet the information needs of its core audiences. The ERS website (www.ers.usda.gov) is the agency’s primary communications vehicle through which it disseminates its information to the public. The agency website provides access to all ERS publications, economic and statistical indicators, and data sets, and provides key services, such as calendar of releases, user notifications, APIs, etc. The website provides extensive information in a variety of forms and formats to suit users’ needs. The website is large/content-rich, with a variety of relationships (related content, topics, authors, etc). ERS publishes material daily (content, graphics, data in a variety of media/files), and must guard against pre-release of information. The importance of the public communications function proves the necessity of ensuring the website is of high quality and performance, and continues to facilitate ongoing innovations in services and products.
The website is driven by Umbraco web content management system (CMS) configured and integrated with a custom implementation of Laserfiche Rio enterprise document management system for improved website performance, storing and managing files, delivery of research products, staging and preview capability, information security, as well as the efficiency of the process used to manage and deliver those products.
ERS seeks renewal of the agency’s Laserfiche software/licenses and software assurance plan (LSAP).
And given the complexity and newness of the integration between the Laserfiche document management system and Umbraco CMS (via Elastic search and API bridge), ERS seeks top-tier Laserfiche contractor assistance to provide resources for technical support and maintenance.
TECHNICAL REQUIREMENT
ERS requires a USDA value-added reseller with extensive experience ERM configuration, workflow and integration projects to provide licenses and configuration support for the USDA Laserfiche Rio enterprise document management system.
The system must comply with DoD 5015.2 and National Archives and Records Administration standards for records management requirements.
The contractor must be a Laserfiche Professional Development Partner and ERS/USDA Value-Added Reseller (AWS, Azure, and IBM Softlayer/Bluemix Partner with Federal Government agreement for testing in cloud environment is a plus) with access to a direct line of support (including fast-track escalation for urgent response) and architectural advice from the Laserfiche Headquarters and core team for all Laserfiche projects, bug-fixes, and developer support; and unlimited access to all the productivity-boosting add-ons offered by Laserfiche. The contractor must demonstrate proven:
Expertise in the ERS Laserfiche system repository, document types, metadata, templates, workflows, database connecters and lookups, document tracking, and requisite forms and administration.
Expertise in ERS website architecture and design, Umbraco CMS and Laserfiche integration and deployment; and project source control (QA).
Expertise with the ERS Laserfiche integration components, including Active Directory, the ERS Umbraco CMS (integration components include API/.NET code, Web Services, compiled Laserfiche Workflow components, and implementation of automated Laserfiche Workflows and Business Processes to provide the necessary document selection, collection, transfer and approved versions to the Web host), and Elastic Search solution for distributed, multitenant-capable full-text search engine.
Expertise in designing/developing/integrating Umbraco, Laserfiche, and Elastic Search systems to facilitate web/digital publishing and dissemination of a variety of information, reports, and data by an agricultural/economics/policy/research organization.
Experience in building for the Microsoft technology “stack;” in a .NET environment.
Expertise and experience in development, testing, and roll-out of automated integration between Umbraco CMS and Laserfiche EDM, with additional support for Elastic Search indexes governed by Laserfiche folder, template, and metadata design.
Capability to support and extend Umbraco ECM and Laserfiche EDM associated tasks, workflows, business processes, forms, and approvals into additional lines of business, business processes, public-facing website features and functions.
Understanding of specific internal ERS web publishing approval business processes, tasks, retention, and associated processes.
Specific technical requirements for software maintenance and support include:
Immediate support to help resolve any problems that could impact the timely release of ERS publications and/or data products.
Upgrade the Laserfiche DMS to the latest version, to provide improved content, media, file, and web services handling and upload support (particularly for large content collections), list views for large content collections, and new Administration and Back Office systems, and new property features for improved admin control of content/display and data types.
Perform Quality Assurance testing and revision as needed.
Provide technical and process support. Includes professional services/support for the system’s
“back office” interfaces, workflow designer, search, and other technologies as needed; as well as guidance and support.
Support for mobile device users according to current industry standards.
Products meet agreed-upon requirements, and are delivered on time.
All tasks and deliverables are fully documented and successfully tested, and all documentation/code/methodology is shared with the ERS team.
Software Requirements U.S. Department of Agriculture's (USDA)/Economic Research Service (ERS) requires the following licensing and support for Laserfiche Rio Enterprise Document Management System (hereinafter referred to as “Rio”):
Rio Forms Authenticated Participants Basic LSAP (1-49) Rio Laserfiche Forms Basic LSAP Rio Pilot Named Full Users (50-99) Rio Additional Server License for Development Domain with LSAP Rio SDK Basic LSAP - Development Extra License Rio SDK Basic LSAP – Production Rio Named Full Users Rio LSAP Rio System Pro Service Maintenance, including professional services and custom development for upgrade and technical support, audit and best practices changes of existing system. This includes:
o Maintain the existing application o Install and test Laserfiche product upgrades, patches, and maintenance items as they are released o Provide support for Laserfiche product upgrades o Install and test patches to existing templates, repositories, workflows, database connectors, and shared Umbraco utilities if errors are discovered o Assist senior staff with administration items, such as roles and security o Update documentation to incorporate changes in Laserfiche o Extend direct integration of Laserfiche documentation into the ERS Web Resources portal o XML and JSON support of all metadata, and web service options for the ERS Web Site and Umbraco teams o Implement updated Business Process dashboard, workflow logging and metrics reports drawn against Audit Trail for standard reports, flow-through metrics and ROI calculation
ADMINISTRATION
Reporting In addition to the specific deliverables standards discussed above, the contractor shall observe the following general standards:
The contractor shall ensure all personnel take the required USDA Privacy and Security training prior to reviewing any systems/features/content.
The contractor understands that all the source code must be supplied with the code, and imposes no restrictions on the agency use.
All deliverables shall be prepared in accordance with U.S. Government Printing Office Standards outlined in the U.S. Government Printing Office Style Manual.
The contractor shall provide reports, recommendations, and documentation for all tasks in written and electronic form.
All deliverables shall be submitted in both hard copy and in MS-Word electronic format.
Place of Performance Work is to be completed remotely through a series of conference meetings, screen shares etc. If necessary, the contractor may meet with COTR. Frequency and dates of meetings to be scoped and scheduled at the project kick-off, as will the work schedule.
Facility Access All contractor personnel who work at USDA must have approval for facility access; the contractor must supply the names of those employees selected to perform the work.
SECURITY
The contractor will not disclose sensitive or proprietary information of, or in the possession of the United States Department of Agriculture or any of its operating units, contractors, or business partners to unauthorized persons. The contractor will be subject to any and all penalties imposed by law for unlawful disclosure of USDA information.
The component parts of this effort and reports may contain highly sensitive information that could act as a guide for hostile entities to cause harm to the Department’s critical infrastructure. Any such information made available in any format shall be used only for the purpose of carrying out the provisions of this agreement. Such information shall not be divulged or made known in any manner to any person. The contractor shall not remove classified or sensitive information without permission from the ERS COR or approval from the ERS Chief Information Officer. The contractor will not retain any information regarding reports, strategic plans, and other documents at the end of the task order. All hard and electronic copies will be returned to the Government. Any information stored on fixed hard drives must be erased.
Clearances The contractor shall provide only fully qualified and properly cleared personnel for the work to be performed under this task order. Personnel shall have, at a minimum, the appropriate security clearance/investigation of a National Agency Check with Investigation. The contractor shall ensure all contractors and sub-contractor personnel (contractor personnel) having access to information on USDA’s security programs and systems received or generated under this task order are United States citizens and specifically authorized access by the Program Manager.
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 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 other method that precludes the reconstruction of the material, consistent with GSA guidelines.
Protection of Information Information about the USDA networks and/or the security posture of any USDA information asset gathered or created under this SOW will be considered as SBU information. It is anticipated that this information 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 must protect it to the same extent of their proprietary data and/or company trade secrets. If the contractor must remove any materials from the primary location prior approval must be obtained.
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 in the performance of this task order 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 appropriate documents and information will be given to the COR during and at the end of this contract. Any request for information relating to this SOW presented to the contractor must be submitted in writing to the COR and the CO, who will in turn provide a written response.
Privacy Act Work on this project may require that personnel have access to Privacy Information. Personnel shall adhere to the Privacy Act, Title 5 of the U. S. Code, Section 552a and applicable agency rules and regulations. The contractor Program Manager shall ensure that all contract personnel take the required USDA Privacy and Security training.
QUALITY ASSURANCE
The contractor shall be solely responsible for the supervision, management, and inspection of its employees under this Statement of Work. The contractor will monitor and ensure its employees meet the requirements of this Statement of Work. The contractor shall provide and maintain an inspection system acceptable to the Government covering services provided under this statement.
Any incidents that cannot be resolved by the contractor in a timely manner will be identified and referred to the COR or designated representative. The Program Manager will provide for technical monitoring on an ongoing basis and accept or recommend rejection of services and deliverables.
Section 508 – Accessibility of Electronic and Information Technology
(a) This SOW 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.
Section 508 Compliance for Communications The Contractor shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this SOW, the SOW shall take precedence. Rehabilitation Act, Section 508 Accessibility Standards:
• 29 U.S.C. 794d (Rehabilitation Act as amended)
• 36 CFR 1194 (508 Standards)
• www.access-board.gov/sec508/508standards.htm (508 standards)
• FAR 39.2 (Section 508)
• USDA Standards, policies and procedures (Section 508)
In addition, all contract deliverables are subject to these 508 standards as applicable. Regardless of format, all Web content or communications materials produced, including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW shall be the responsibility of the Contractor or consultant. The following Section 508 provisions apply to the content or communications material identified in this SOW:
36 CFR Part 1194.21 a - l 36 CFR Part 1194.22 a - p 36 CFR Part 1194.31 a - f 36 CFR Part 1194.41 a – c
The Contractor shall provide a completed Section 508 Product Assessment Template and the Contractor shall state exactly how proposed EIT deliverable(s) meet or does not meet the applicable standards. The following Section 508 provisions apply for software development material identified in this SOW:
For software development, software applications, and operating systems the Contractor/ Developer/ Vendor shall comply with the standards, policies, and procedures below:
Rehabilitation Act, Section 508, Accessibility Standards
(1) 29 U.S.C. 794d (Rehabilitation Act as amended)
(2) 36 CFR 1194 (508 Standards)
36 CFR Part 1194.21 (a – l) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)
(3) www.access-board.gov/sec508/508standards.htm (508 Standards)
(4) FAR 39.2 (Section 508)
(5) USDA Standards, policies and procedures (Section 508)
a. Information Technology – General Information http://www.ocio.usda.gov/508/index.html#resources
For web-based applications (intranet, internet information and applications, 16 rules), the Contractor shall comply with the standards, policies, and procedures below:
Rehabilitation Act, Section 508, Accessibility Standards
(1) 29 U.S.C. 794d (Rehabilitation Act as amended)
(2) 36 CFR 1194 (508 Standards)
36 CFR Part 1194.22 (a – p) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)
(3) www.access-board.gov/sec508/508standards.htm (508 Standards)
(4) FAR 39.2 (Section 508)
(5) USDA Standards, policies and procedures (Section 508)
a. Information Technology – General Information http://www.ocio.usda.gov/508/index.html#resources
For Telecommunication products the Contractor shall comply with the standards, policies, and…
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