12760420Q0007 AUTHOR IT SOFTWARE BASE_4OY - amended.pdf

12760420Q0007

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

989502

1 27

WO AQM IT SUPPORT BRANCH

4000 MASTHEAD NE

ALBUQUERQUE NM 87109

USDA FOREST SERVICE

10 Days After Award

USDA FOREST SERVICE - NIFC

ATTN CONTRACTING

3833 S DEVELOPMENT AVE

BOISE

ID 83705

208 387-5714ARLENE STEFFEY

1700 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

FOR PROGRAM MANAGER INFORMATION/TECHNICAL

REPRESENTATIVE:

National Interagency Fire Center U.S. Forest Service Attn: Jeffrey Skirde 3833 S Development Ave Old Admin Bldg - Mailstop 470 Boise, ID 83705-5354 Email: Jeffrey.skirde@usda.gov Telephone: 208-387-5168

AuthorIT Annual Maintenance and Support Base Period of Performance 11/12/2019 THRU 11/11/2020.

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a) ksteffey Typewritten Text 01/29/2020 ksteffey Typewritten Text kay.steffey@usda.gov ksteffey Typewritten Text 02/03/2020

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 2

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12760420Q0007

Delivery: 10 Days After Award

AuthorIT Annual Maintenance and Support Option Year 1 Period of Performance 11/12/2020 THRU 11/11/2021.

(Option Line Item)

AuthorIT Annual Maintenance and Support Option Year 2 Period of Performance 11/12/2021 THRU 11/11/2022.

(Option Line Item)

AuthorIT Annual Maintenance and Support Option Year 3 Period of Performance 11/12/2022 THRU 11/11/2023.

(Option Line Item)

AuthorIT Annual Maintenance and Support Option Year 4 Period of Performance 11/12/2023 THRU 11/11/2024.

(Option Line Item)

See BOM for quantity and descriptions, and Statement of Work for delivery instructions.

FOR ADMINISTRATIVE INFORMATION:

Contracting Officer Representative (COR):

Jennifer Wolfe

Phone: (208) 387-5603

Email: jennifer.wolfe@usda.gov

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

INDEPENDENT GOVERNMENT COST ESTIMATE - COMMODITIES

AuthorIT Annual Maintenance and Support

2. PROJECT MANAGER: Jeff Skirde Commercial Price List?

Unit Name to Ship to: SEE STATEMENT OF WORK Point of Contact (Local SAT): Jeff Skirde

Phone (Local SAT): 208-387-5168 Street Address: 3833 S Development Ave

City, State, Zip Code: Boise, ID 83705 # DESCRIPTION of ITEM REQUIRED Manufacturers Part Number and/or Critical

Specifications Unit of Issue QTY UNIT COST TOTAL

PRICE

ESTIMATE SOURCE DATA

1 BASE YEAR AuthorIT Annual Maintenance and Support 10 - Base User Licenses EA 10 $ -

2 1 - SQL Server Conector EA 1 $0.00 $0.00 3 1 - Small Business Server EA 1 $0.00 $0.00 4 1 - Publishing Server EA 1 $0.00 $0.00

5 EA 1 $0.00 $0.00

6 OPTION YEAR ONE AuthorIT Annual Maintenance and 10 - Base User Licenses EA 10 $0.00 $0.00 7 1 - SQL Server Conector EA 1 $0.00 $0.00 8 1 - Small Business Server EA 1 $0.00 $0.00 9 1 - Publishing Server EA 1 $0.00 $0.00

10 EA 1 $0.00 $0.00

11 OPTION YEAR TWO AuthorIT Annual Maintenance and 10 - Base User Licenses EA 10 $0.00 $0.00 12 1 - SQL Server Conector EA 1 $0.00 $0.00 13 1 - Small Business Server EA 1 $0.00 $0.00 14 1 - Publishing Server EA 1 $0.00 $0.00

15 EA 1 $0.00 $0.00

16 OPTION YEAR THREE AuthorIT Annual Maintenance and 10 - Base User Licenses EA 10 $0.00 $0.00 17 1 - SQL Server Conector EA 1 $0.00 $0.00 18 1 - Small Business Server EA 1 $0.00 $0.00 19 1 - Publishing Server EA 1 $0.00 $0.00

20 EA 1 $0.00 $0.00

21 OPTION YEAR FOUR AuthorIT Annual Maintenance and 10 - Base User Licenses EA 10 $0.00 $0.00 22 1 - SQL Server Conector EA 1 $0.00 $0.00 23 1 - Small Business Server EA 1 $0.00 $0.00 24 1 - Publishing Server EA 1 $0.00 $0.00

25 EA 1 $0.00 $0.00

26 EA 1 $0.00 $0.00

27 EA 1 $0.00 $0.00

28 EA 1 $0.00 $0.00

GRAND $ -

REQUIRED CONTRACT START DATE:

1. PROJECT TITLE :

REQUIRED DELIVERY DATE:

Other:

Assumptions to Developed Independent Government Cost Estimate:

Identify all assumptions and methods used in cost computations.

Market Price: Verification Source:

Comparison w/prior purchase? Identify Specific-contract #, contractor,etc:

List Source and date:

U.S. Forest Service Requirement for AuthorIT Annual Maintenance and Support Renewal

Statement of Work (SOW)

Date: 29 January 2020

1. INTRODUCTION – The U.S. Forest Service (FS) requires the acquisition of AuthorIT Annual Maintenance and Support. AuthorIT Annual Maintenance and Support Renewal will support the National Enterprise Support Service (NESS) environment at the Earth Resource Observation and Science Center (EROS) and National Information Technology Center (NITC).

This Annual renewal will provide much need stability and failover capability to the NESS high availability environment that supports multiple fire applications.

2. BACKGROUND – The NESS environment at EROS and NITC currently uses AuthorIT to manage content for multiple applications within the NESS computing environment.

3. SCOPE OF WORK – The U.S. Forest Service (FS) requires the acquisition of Annual Maintenance and Support for its current implementation of AuthorIT. The contractor shall provide all maintenance, patches, upgrades, warranties, and technical support of the current FS AuthorIT implementation.

4. TECHNICAL REQUIREMENTS –

Product Type Quantity

Base User Licenses 10

SQL Server Connector 1

Small Business Server 1

Publishing Server 1

5. Contractor shall provide Government a delivery schedule of items.

a. The contractor shall have ten (10) business days from the date of award to deliver any documentation required for obtaining maintenance and support of the subject software.

6. PERIOD OF PERFORMANCE –

AuthorIT Annual Maintenance Base Period of Performance 11/12/2019 – 11/11/2020.

AuthorIT Annual Maintenance Option Year 1 Period of Performance 11/12/2020 – 11/11/2021.

AuthorIT Annual Maintenance Option Year 2 Period of Performance 11/12/2021 – 11/11/2022.

AuthorIT Annual Maintenance Option Year 3 Period of Performance 11/12/2022 – 11/11/2023.

AuthorIT Annual Maintenance Option Year 4 Period of Performance 11/12/2023 – 11/11/2024.

7. SHIPPING LOCATION –

Any physical items to meet the requirements of this contract shall be shipped at the contractors expense to:

National Interagency Fire Center Attn: Jeffery Skirde 3833 S Development Ave Boise, ID 83705

8. POINTS OF CONTACT –

The contractor shall abide by standard communication procedures, and direct all communication to the issuing Contracting Officer first.

a. Contracting Officer Representative (COR):

Jennifer Wolfe Phone: (208) 387-5603 Email: jennifer.wolfe@usda.gov

Alternate: Ann McDonough Phone: (828) 257-4333 Email: ann.mcdonough@usda.gov

b. Technical Representative:

Jeffery Skirde Phone: (208) 387-5168 Email: jeffrey.skirde@usda.gov

9. SECURITY LANGUAGE FOR ALL CONTRACTS/AGREEMENTS

By accepting this contract/agreement, the Contractor/Cooperator and other external organizations (hereafter called Contractor) providing Information Technology (IT) services to the US Forest Service (FS) agrees to comply with the applicable IT security policy as outlined in this document. The Contractor and other external organizations will be responsible for IT security for all systems connected to the FS network or operated by the Contractor and other external organizations for the FS, regardless of location. This clause is applicable to all or any part of the contract that includes IT resources or services in which the Contractor and other external organizations must have physical or electronic access to FS sensitive information that directly support the mission of the FS. The term “information technology,” as used in this clause, means any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems as defined by OMB Circular A-130.

The Contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under this task. The Contractor shall also protect all unclassified Government data, equipment, etc., by treating information as sensitive business, confidential information, controlling and limiting access to the information, and ensuring the data and equipment are secured within their facility.

The Contractor or other external organization will not publish or disclose in any manner, without the FS Contracting Officer’s written consent, the details of any programs, documentation, data, or safeguards either designed or developed by the Contractor or other external organization under this Contract or otherwise provided by the Government. Contractor may be required to sign non-disclosure or other appropriate security agreements. A written agreement between the FS and any contractors and other external organizations will be entered into before FS data and information otherwise exempt from public disclosure may be disclosed to the contractors and other external organizations. The contractor and other external organizations will agree to establish and follow security precautions considered by the FS to be necessary to ensure proper handling of data and information. As may be identified elsewhere in this contract, the Contractor agrees that:

• The draft and final deliverables and all associated working papers and other materials deemed relevant by the COTR that have been generated by the Contractor in the performance of this contract are the property of the U.S. Government and must be submitted to the COTR at the conclusion of the tasks.

• All documents produced for this project are the property of the U.S. Government and cannot be reproduced or retained by the Contractor.

To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor will afford the Government access to the Contractor’s or other external organization’s facilities, installations, technical capabilities, operations, documentation, records, and databases. The Contractor will cooperate with Federal agencies and their officially credentialed representatives during official inspections or investigations concerning the protection of FS information.

Cooperation may include providing relevant documentation showing proof of compliance with federal and agency requirements, and rendering other assistance as deemed necessary.

If new or unanticipated threats or hazards are discovered by either the Government or the Contractor or other external organization, or if existing safeguards have ceased to function, the discoverer will immediately bring the situation to the attention of the other party. The Contractor will report real or suspected incidents or violations to the FS Computer Incident Response Team (CIRT), by e-mail, at CIRT@fs.fed.us.

The Contractor shall insert these clauses in all subcontracts when the subcontractor is required to have routine physical access to a Federally controlled facility and/or routine access to a Federally controlled information system. Failure to comply with said requirements will constitute cause for termination.

The Contractor Agrees To –

(a) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform;

(b) Include the Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(c) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract that requires the design, development, or operation of such a system of records.

In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

Definitions of the clause:

(a) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(b) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(c) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

The contractors and other external organizations will ensure that the following banner is displayed on all FS systems that contain Privacy Act information operated by the contractors and other external organizations prior to allowing anyone access to the system:

“This system contains information protected under the provisions of the Privacy Act of 1974 (Public Law 93-579). Any privacy information displayed on the screen or printed must be protected from unauthorized disclosure. Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both.”

10. COPYRIGHT MANAGEMENT AND RESPONSIBILITY

By delivering applications or programming code to the Federal Government, the vendor or Contractor certifies that they have the proper authority to transfer the property and will defend the government against copyright or other lawsuit resulting from the application or programming delivered.

The following language and deliverable schedule must be inserted into all work statements for contractor support that require the contractor to provide software licenses to USDA, or may involve the contractor providing software licenses to USDA during performance of the contract.

The deliverable schedule may be modified to fit the deliverable schedule format used.

Software License Line Item Data

In accordance with Office of Management and Budget Memorandum M-16-12, Category Management Policy 16-1: Improving the Acquisition and Management of Information Technology: Software Licensing, USDA must maintain an inventory of its software licenses, including pricing data. The contractor shall provide line item pricing data on all software licenses provided to USDA at award and/or during performance of the contract/order. The attachment entitled “Software Template Line Item Pricing” must be completed and provided to the Contracting Officer’s Representative within 10 days of award, or within 10 days of activation for licenses provided after the award date.

Deliverable Schedule:

Deliverable (See Attachment One)

Submitted to: Due Date:

Software Line Item Pricing Contracting Officer’s Representative

Within 10 Days of Award, or Within 10 Days of Software Activation for Licenses Provided After Award Date

11. COMPLIANCE WITH INTERNET PROTOCOL VERSION 6 (IPV6) IN

ACQUIRING INFORMATION TECHNOLOGY

(a) Any system, hardware, software, firmware or networked component (voice, video or data) developed, procured or acquired in support or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products:

(b) Specifically, any new IP product or system developed, acquired, or produced must:

(1) Interoperate with both IPv6 and IPv4 systems and products, and

(2) Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

(c) As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government.

(d) The Contractor shall provide technical support for both IPv4 and IPv6.

(e) Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

(f) Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

1 Section 508 – Accessibility of Information and Communications Technology

(a) This [SOW, PWS, or TO name] 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 Information and Communications Technology (ICT)1, the ICT must allow Federal employees and members of the public with disabilities comparable access to and use of information and data provided to Federal employees and members of the public without disabilities.

(b) The ICT accessibility standards as 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board (also known as the Access Board) and apply to contracts, task orders, and indefinite quantity contracts on or after June 25, 2001.

(c) Each Information and Communications Technology (ICT) product or service furnished under this contract shall comply with the Information and Communications Technology Accessibility Standards (36 CFR 1194), as specified in the contract, at 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 a period of time 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 Information and Communications Technology (ICT) 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 non-compliant ICT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

1 Please note that the term Information and Communications Technology (ICT) is synonymous with Electronic and Information Technology (EIT), the previously used term.

The term ICT will be used to meet international standards after the release of the Section 508 Refresh.

(d) The contractor must ensure that all ICT products and services 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 ICT product or service accepted under this contract 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.

1.1 Section 508 Compliance

The [Name of Vendor or Application] shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this [SOW, PWS, or TO name], the [SOW, PWS, or TO name] shall take precedence.

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

3) http://www.access-board.gov/sec508/508standards.htm (Section 508 standards)

4) FAR 39.2 (Section 508)

5) http://www.ocio.usda.gov/document/departmental-regulation-4030-001 (USDA standards, policies, and procedures for Section 508)

In addition, all contract deliverables are subject to these standards.

All web content or communications materials produced, regardless of format (text, audio, video, etc.), must conform to the applicable Section 508 standards to allow Federal employees and members of the public with disabilities comparable access to and use of information and data provided to Federal employees and members of the public without disabilities. All contractors (including sub-contractors) and consultants responsible for preparing or posting content must comply with the applicable Section 508 accessibility standards and, where applicable, those set forth in the referenced policy or standards document above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the [SOW, PWS, or TO name] shall be the responsibility of the contractor or consultant.

The following Section 508 provisions apply to the products and/or services identified in this [SOW, PWS, or TO name]:

• 36 CFR Part 1194.21 provisions a-l

• 36 CFR Part 1194.22 provisions a-p

• 36 CFR Part 1194.23 provisions a-k[4]

• 36 CFR Part 1194.24 provisions a-e

• 36 CFR Part 1194.25 provisions a-j[4]

• 36 CFR Part 1194.26 provisions a-d

• 36 CFR Part 1194.31 provisions a-f

• 36 CFR Part 1194.41 provisions a-c http://www.access-board.gov/sec508/508standards.htm http://www.ocio.usda.gov/document/departmental-regulation-4030-001

The following Section 508 provisions apply for software development material identified in this [SOW, PWS, or TO name]:

For software development, software applications, and operating systems the [Contractor/Developer/Vendor] shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c

For web-based applications (intranet, internet information and applications, 16 rules), the [Contractor/Developer/Vendor] shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.22 provisions a-p

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c

For telecommunication products and services the [Contractor/Developer/Vendor] shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.23 provisions a-k

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c

For video and multimedia applications (including training materials), the [Contractor/Developer/Vendor] shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.24 provisions a-e

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c

For self-contained and closed products, the [Contractor/Developer/Vendor] shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.25 provisions a-j

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c

For desktop and portable computers, the [Contractor/Developer/Vendor] shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.26 provisions a-d

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c

For help desk and other support services, the [Contractor/Developer/Vendor] shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.31 provisions a-f

b. 36 CFR Part 1194.41 provisions a-c

If the help desk or other support services include training, [Contractor/Developer/Vendor] must also comply with the following standards, policies, and procedures in addition to 36 CFR Part 1194.31 provisions a-f and 36 CFR Part 1194.41 provisions a-c:

a. 36 CFR Part 1194.21 provisions a-l (installable and web-based training)

b. 36 CFR Part 1194.22 provisions a-p (web-based software)

All Information and Communications Technology (ICT) subject to the 36 CFR 1194 standards will have a Section 508 usability and acceptance test where Section 508 compliance will be validated. This test must be administered by a Federal Section 508 Testing Center.

All maintenance for Information and Communications Technology that requires upgrades, modifications, installations, and purchases will adhere to the Section 508 standards and 36

CFR 1194.

1.2 WCAG 2.0 Compliance

The [Name of Vendor or Application] shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this [SOW, PWS, or TO name], the [SOW, PWS, or TO name] shall take precedence.

Custom ICT Development Services

When [Contractor/Developer/Vendor] provides custom ICT development services pursuant to this contract, [Contractor/Developer/Vendor] shall ensure the ICT fully conforms to the applicable Revised 508 Standards prior to delivery and before final acceptance.

Installation, Configuration, and Integration Services When [Contractor/Developer/Vendor] provides installation, configuration, or integration services for equipment and software pursuant to this contract, the offeror shall not install, configure, or integrate the equipment and software in a way that reduces the level of conformance with the applicable Revised 508 standards.

Maintenance, Upgrades, and Replacements [Contractor/Developer/Vendor] shall ensure maintenance upgrades, substitutions, and replacements to equipment and software pursuant to this contract do not reduce the original level of conformance with the applicable Revised 508 standards at the time of the contract award.

Service Personnel [Contractor/Developer/Vendor] shall ensure the personnel providing the labor hours possess the knowledge, skills, and ability necessary to address the applicable Revised 508 standards defined in this contract, and shall provide supporting documentation upon request.

Hosting Services When providing hosting services for electronic content provided by the agency, [Contractor/Developer/Vendor] shall not implement the hosting services in a manner that reduces the existing level of conformance of the electronic content with applicable Revised 508 standards. Throughout the life of the contract, the agency reserves the right to perform testing on a vendor or contractor’s hosted solution to verify conformance with this requirement.

Validation for ICT Items When purchasing ICT where 1) 508 validation is not possible prior to award, 2) when ICT will be changed after the award, or 3) ICT will be hosted in a third-party environment, [Contractor/Developer/Vendor] shall test and validate the ICT solution for conformance to the Revised 508 standards, in accordance with the requirement testing methods, as defined by the agency. Throughout the life of the contract, the agency reserves the right to perform testing to verify conformance with this requirement.

Documentation [Contractor/Developer/Vendor] shall maintain and retain full documentation of the measures taken to ensure compliance with the applicable requirements, including records of any testing or demonstrations conducted.

Conformance Reporting Prior to acceptance, [Contractor/Developer/Vendor] shall provide an Accessibility Conformance Report (ACR) for each ICT item that is developed, updated, configured for the agency, and when product substitutions are offered. The ACR should be based on the latest version of the Voluntary Product Accessibility Template (VPAT) provided by the Information Technology Industry Council (ITI). To be considered for award, an ACR must be submitted for each ICT item, and must be completed according to the instructions provided by ITI.

When the contractor is required to perform testing to validate conformance to the agency’s accessibility requirements, [Contractor/Developer/Vendor] shall provide a Supplemental Accessibility Conformance Report (SAR) that contains the following information:

https://www.section508.gov/sell/vpat http://www.itic.org/policy/accessibility

• Accessibility test results based on the required test methods.

• Documentation of features provided to help achieve accessibility and usability for people with disabilities.

• Documentation of core functions that cannot be accessed by persons with disabilities.

• Documentation on how to configure and install the ICT item to support accessibility.

• When an ICT item is an authoring tool that generates content (including documents, reports, videos, multimedia productions, web content, etc.)., provide information on how the ICT item enables the creation of accessible electronic content that conforms to the Revised 508 Standards, including the range of accessible user interface elements the tool can create.

• Before final acceptance, the contractor shall provide a fully working demonstration of the completed ICT Item to demonstrate conformance to the agency's accessibility requirements. The demonstration shall expose where such conformance is and is not achieved.

Before acceptance, the agency reserves the right to perform independent testing to validate that the ICT solution provided by the contractor conforms to the applicable Revised 508 standards.

Non-Compliance Before final acceptance of any ICT item, including updates and replacements, if [Contractor/Developer/Vendor] claims its products or services satisfy the applicable Revised 508 standards specified in the contract vehicle, and the contracting officer determines that any furnished ICT item is not in compliance with such requirements, the contracting officer will promptly inform [Contractor/Developer/Vendor] in writing of the non-compliance.

[Contractor/Developer/Vendor] shall, at no cost to the agency, repair or replace the non-compliant products or services within the period specified by the contracting officer.

2 Terms and Conditions

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.212-4 Contract Terms and Conditions—Commercial Items (Jan 2017) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.arnet.gov/far/ www.usda.gov/procurement/policy/agar.html 52.203-16 Preventing Personal Conflicts of Interest (DEC 2011) 52.204-4 Printed or Copied Double-Sided on Recycled Paper (MAY 2011) 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.212-4 Contract Terms and Conditions – Commercial Items (FEB 2012) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html

52.212-4 Alternate 1 (Oct 2008) 52.227-14 Right in Data General (MAY 2014) 52.227-16 Additional Data Requirements (Jun 1987) Agriculture Acquisition Regulation (48 CFR Chapter 4) Clauses

AGRICULTURE ACQUISITION REGULATION (48 CFR CHAPTER 4) CLAUSES

452.224-70 Confidentiality of Information (FEB 1988) 452.237-75 Restrictions Against Disclosure (FEB 1988)

52.216-1 Type of Contract (APR 1984) The Government contemplates award of a Firm Fixed Price Contract

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE Orders -- Commercial Items (Dec 2014)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 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)).

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

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

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L.

111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L.

110-161).

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business 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 (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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 (Oct 2014) 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—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 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)).

X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

X__ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) 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.)

___ (34) (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.)

___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

X__ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

___ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

X (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X__ (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (44) 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).

___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X__ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (53) (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:

___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).

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

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 (May 2014) (E.O. 13495).

Flow down required in accordance with paragraph (1) 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 (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(viii) 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.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 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)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 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).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xvi) 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.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

(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) Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and

(c) of this clause”.

Alternate II (Dec 2014). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)

(1…