12FPC424Q0052 RFI DRAFT PWS REV 3 - USDA NRCS Training 4-8-24.pdf

PERFORMANCE WORK STATEMENT

FOR

IDIQ for Development and Delivery of

USDA NRCS TRAINING

12FPC424Q0052

Revision 3 April 8, 2024

1 INTRODUCTION

The United Stated Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) requires the services to develop and deliver basic level technical training courses related to USDA conservation topics.

This Performance Work Statement (PWS) outlines the requirements for an Indefinite Delivery Indefinite Quantity (IDIQ) for the development and delivery of basic level technical training courses on various climate, conservation, and engineering related topics over a three-year period.

The Contractor shall provide comprehensive training solutions to meet the organization’s needs and objectives.

1.1 Mission

The NRCS mission is to deliver conservation solutions so agricultural producers can protect natural resources and feed a growing world.

1.2 Background

NRCS requires a well-trained knowledgeable workforce to deliver assistance to landowners.

Consistent training and knowledge ensures USDA culture is instilled across all NRCS staff.

A basic understanding of whole-farm conservation practices and social interactions with farmers/ranchers/foresters and basic crops/livestock/nutrient management (etc.) can be addressed through the development and delivery of in-person and virtual curriculum implementation that promotes current sustainable land use, conservation practices and agricultural education across the US.

NRCS has numerous existing training courses covering various topics; however, new technology and best management practices are being developed daily. Supplemental courses are imperative to inform staff for keeping up with these changes.

1.3 Scope

The Contractor shall develop and deliver basic level technical training courses on various climate, conservation, and engineering related topics. The technical training to be developed shall include but are not limited to:

A. Basic Forestry B. Basic Hydrology C. Basic Water Quality D. Basic Agriculture E. Basic Land Survey / Basic Engineering F. Basic Rural Agriculture Sociology G. Basic Urban Agriculture Sociology

The Government’s needs could change over the term of this IDIQ. These changes could be relatively minor or could represent a significant increase (e.g., 50% or higher). The Government is not obligated to acquire any increased need through this contract but may seek to negotiate a bilateral modification for an increased need.

The contractor shall provide all resources, equipment, supplies, facilities, supervision, and other items necessary to and deliver the basic level technical training courses and will review course content, ongoing task and curriculum once a year.

2 GENERAL REQUIREMENTS

This section describes the general requirements for this effort.

2.1 Non-Personal Services

The Government shall neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for individual Contractor employees, except for the site lead.

It shall be the responsibility of the Contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the Contractor believes that any actions constitute or are perceived to constitute personal services, it shall be the Contractor’s responsibility to notify the Contracting Officer, in writing, immediately.

2.2 Contractor Personnel Qualifications

The contractor shall provide all personnel, equipment, supplies, materials, supervision, and other items and non-personal services necessary to perform specified tasks of this PWS. All course instructors shall be knowledgeable in the related conservation topic. Contractor shall ensure that its personnel (including Subcontractors personnel) are qualified to perform the Services and create the Deliverables as described in the applicable PWS.

The contractor shall provide the appropriate labor category mix to perform the delivery and development of each course, such as, but not limited to:

• Instructional Designer: Responsibilities include designing and developing instructional materials, course outlines, and assessments. Qualifications shall include expertise in instructional design principles, curriculum development methodologies, and educational technology. Minimum Education: Bachelor’s Degree; Minimum Experience: 3-5 years.

• Curriculum Developer: Responsibilities include translating learning objectives into detailed curriculum outlines and lesson plans. Qualifications shall include experience in curriculum development, content writing, and instructional planning. Minimum Education: Bachelor’s Degree; Minimum Experience: 3-5 years.

• Program/Project Manager: Responsibilities include overseeing the overall project, coordinating activities and managing timelines and resources. Qualifications shall include project management certification and experience in managing complex training projects.

Minimum Education: Bachelor’s Degree; Experience: 5 or more years PM experience.

• Technical Subject Expert: Responsibilities include engaging with NRCS Subject Matter Experts to ensure course content, accuracy and relevance. Qualifications shall include extensive experience and knowledge in the specific field or industry relevant to the training topics.

Education: Minimum - Bachelor’s Degree; Experience: 5 or more years.

• Content Writer: Responsibilities include writing and editing course materials, including presentations, handouts, and online presentations. Qualifications shall include strong writing and communication skills, as well as expertise in the topic being addressed. Minimum Education:

Bachelor’s Degree; Minimum Experience: 3-5 years

• Trainer/Instructor: Responsibilities include delivering training sessions to learners, either virtually, in-person or in a blended environment, based on developed curriculum. Qualifications shall include proficiency in subject matter, instructional delivery techniques, and facilitation skills. Minimum Education: Bachelor’s Degree; Experience: 8 or more years.

• Quality Assurance Specialist: Responsibilities include conducting reviews and evaluations of course materials to ensure accuracy, relevance, and adherence to quality standards.

Qualifications shall include attention to detail, critical thinking skills, and knowledge of quality assurance processes. Minimum Education: Bachelor’s Degree; Minimum Experience: 3-5 years.

• Graphic Designer/Multimedia Specialist: Responsibilities include creating visual elements and multimedia components to enhance course material. Qualifications shall include proficiency in graphic design and software, video editing tools, and multimedia production techniques.

Minimum Education: Bachelor’s Degree; Minimum Experience: 3-5 years.

• Technical Writer: Responsibilities include preparing technical specifications, instructions, and user guides for online training platforms or software. Qualifications shall include technical writing skills, familiarity with industry standards, and attention to detail. Minimum Education:

Bachelor’s Degree; Minimum Experience: 3-5 years.

• Technical Support Specialist: Responsibilities include providing technical support to course participants during training sessions, troubleshooting issues and ensuring smooth delivery. Qualifications shall include technical knowledge in relevant software applications, communications skills, and customer service experience. Minimum Education: Bachelor’s Degree; Minimum Experience: 3-5 years.

• 508 Tester: Responsibilities include evaluating digital content, such as websites, software applications, documents, and multimedia, to ensure compliance with Section 508 of the Rehabilitation Act. Qualifications shall include the ability to conduct accessibility testing, identifying accessibility issues, documenting findings, the ability to provide remediation guidance and staying updated on accessibility standards. Certified 508 Tester (certification is required). Ensure all training courses are compliant with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C Section 794d). The Contractor will work directly with Farm Production and Conservation (FPAC) Employee Development Branch liaison and/or NRCS Technical Training and Development Division to ensure compliance with Section 508.

Follow the 508 Compliance Addendum below. Minimum Experience: 3-5 years.

2.3 Key Personnel

The Contractor shall provide qualified personnel to perform all requirements specified in this PWS. Key personnel are defined as individuals below. They are critical to the success of the project.

• Program/Project Manager for overall contract performance. Responsibilities include overseeing the overall project, coordinating activities, and managing timelines and resources.

Qualifications shall include project management certification, leadership skills, and experience in managing complex training projects.

During the first ninety (90) calendar 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, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required below. After the initial 90-day period, the Contractor shall submit the information required below to the Contracting Officer at least 15 calendar days prior to making any permanent substitutions.

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.

2.4 Location and Hours of Work

Course development work will be performed at Contractor location.

Course delivery will be at locations established under each Task Order and may include, but not limited to NRCS or other government facilities; commercial locations, on-site field locations, and/or in a virtual setting or blended environment.

2.5 Travel

Travel will be required under this IDIQ and negotiated at each Task Order. Travel may occur in all 50 states, possessions and/or territories for delivery of in person training.

The Contractor is responsible for making their own travel reservations and paying the associated costs. Costs for travel shall be billed in accordance with the cost principles at Federal Acquisition Regulation section 31.205-46 “Travel Costs” and the Federal Travel Regulation.

The contractor will be responsible for submitting a trip report and supporting documentation with invoices for reimbursement. Travel costs must be broken down by the individual traveler and documentation supporting the costs being invoiced must be attached and clearly indicate the traveler it is associated with. Profit must not be applied to the travel costs.

All travel costs shall be billed within 30 calendar days after travel is complete unless an approval for later billing is approved by the Contracting Officer. Failure to provide adequate documentation may result in denial of reimbursement.

Local travel may be required for on-site meetings and it is not paid by the Government.

2.6 Invoicing

Invoices must be submitted electronically through the Invoice Processing Platform (IPP) system and in accordance with the payment clause(s) in the contract.

Invoicing shall be submitted after completion of each deliverable (line item) and accepted by the Government. Each invoice will include a summary report of activities completed during the invoicing period. If the deliverable is not completed, contractor will not submit any payment requests.

2.7 Identification of Contractor Personnel

Contractor employees, including Subcontractors, who attend meetings, send emails, answer Government telephones or place calls, or work in situations where their actions could be construed as acts of Government officials, must clearly identify themselves as Contractor employees.

3 CONTRACTOR PERFORMANCE

This section describes the work that must be performed to achieve the required objectives, performance/delivery timing, and the associated performance standards (e.g., acceptable quality levels) that must be met for the service to be acceptable.

The Contractor is responsible for monitoring day-to-day project performance to ensure that the project goals and performance are met.

Contractor must ensure participants will have learned the minimum standards of NRCS in the category of training and be able to utilize them in the field in their daily work.

The Contractor shall provide administrative materials for all students in each course. Each student shall receive electronic information related to course administration, schedules, class outlines and selected reference materials. At the end of the course, each student shall receive electronic copies with all the material provided during the course delivery.

In addition, the Contractor may be required to provide supplies in addition to the instruction services. These supplies may include items such as printing, mailing, and other administrative items for presentation under any of the optional tasks.

3.1 Conduct Post-Award Conference:

The Contractor is responsible for scheduling and leading a post award conference within 10 business days after contract award. This meeting shall provide an introduction between the Contractor and Government personnel who will be involved with the contract. The meeting shall provide the opportunity to discuss technical, management, and course development and delivery questions.

The Post-Award Conference will aid both the Government and Contractor in achieving a clear and mutual understanding of all requirements and identify and resolve any potential issues. The Contractor shall provide a written summary of the Post-Award Conference within 5 business days after meeting completion. The meeting can be virtual through meeting platforms such as zoom or Teams.

3.2 Performance Objectives/Tasks

The development of these courses is to provide national broad-based expertise for newly hired NRCS employees and staff. This work consists of development and delivery of customized basic level technical training in various conservation topics virtual, in-person or blended. Course delivery may range from 1-5 days each.

The customized course content will include NRCS unique rules, processes, procedures, practices, tools, and technology. The resultant course content shall incorporate NRCS specific content, examples, exercises, tools, and templates.

The specific performance objectives required include the following:

3.2.1 Develop Coursework/Curriculum

The Contractor shall develop each course in accordance with industry best practices and instructional design principles. Course development shall include:

• Curriculum design

• Content creation

• Assessment development – including hosting a pilot prior to course completion

• Multimedia integration

• Quality assurance

• Review and approval process

The contractor shall provide a development schedule for each topic. A designated NRCS POC will examine the development of each course. The NRCS POC will coordinate with Contractor staff and NRCS SMEs. The Contractor and NRCS SMEs will work collaboratively with the Contractor design and development team in customizing the curriculum, courses, instructor materials and student materials to align with the requirements of NRCS processes and regulations.

The curriculum must be innovative and engaging to ensure student retention. A description of the minimum need will be provided under each task order and in accordance with the PWS. The curriculum shall be approved and ready for delivery as negotiated in the task order.

NRCS will provide SME(s) for each curriculum area. NRCS subject matter experts will remain heavily involved in the development of training products to ensure product compatibility with existing technology and that learning and other needs are met.

The Contractor’s design and development team shall be experienced technical experts for the curriculum they will be developing. The Contractor will adhere to all federal regulations, adult learning principles to ensure the course content and design supports the agreed upon learning objectives outcomes and shall be in alignment with NRCS’s mission and goals.

NRCS will review and provide feedback of materials within fifteen (15) business days. The Contractor shall address and provide responses to all feedback within fifteen (15) business days.

3.2.2 Delivery Requirements

The contractor shall deliver the courses through virtual or in-person, or blended sessions, as specified in the Task Order(s) issued under the IDIQ. The contractor shall provide all necessary equipment and resources for course delivery. Location for training delivery will be negotiated at the task order level.

Each course is anticipated to have thirty (30) students, and this can be used as the minimum requirement of materials and equipment required. Delivery locations will be negotiated at the task order.

Contractor will prepare course schedule, enrollment, course surveys/evaluation, Course Closeout Report and conduct Curriculum Review upon course completion to identify if updates are needed. Contractor will issue a certificate of completion to participants who successfully complete the courses, this should be ready and given to the student on the day of completion of course.

There could be the potential that as part of the course delivery, a visit to a farm may be required to demonstrate learning objectives. The Contractor will be responsible for setting up on-farm/in-field portion of any course. NRCS SME’s will assist with farm location.

3.2.3 Course Schedule. Contractor will propose a tentative planned course schedule, and sequencing. Schedule will be developed after issuance of the task order and based on facility availability and new hire on-boarding. The Contractor will coordinate all scheduling and logistics with the NRCS POC.

3.2.4 Course Enrollment. Contractor will be responsible for managing enrollment and communication with students. Provide enrollment information to participants within 5 business days after course is scheduled. Contractor will provide the roster of students to NRCS POC no later than the first day of the class.

3.2.5 Course Evaluation.

Contractor is responsible for developing and delivering course evaluations. The course evaluations will be provided to all attendees the last day of the course. Contractor will ensure all participants complete the evaluation. At the end of each class, the Contractor shall prepare and issue a completion certificate no later than 5 calendar days after course completion.

3.2.6 Quality Assurance: The contractor shall ensure the quality of course delivery and development through rigorous quality assurance processes. The Contractor will make appropriate improvements to the program materials and/or delivery of subsequent courses based on feedback from the participants, participants’ supervisors, This will include:

• Regular reviews by subject matter experts (SMEs)

• Feedback mechanisms for course participants

• Continuous improvement based on evaluation results.

The Contractor shall establish and maintain a complete Quality Control Plan (QCP) to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-reoccurrence of defective services.

The Contractor's QCP is how the company assures itself that its work complies with the requirements of the contract. The Contractor shall provide the associated QCP to the Government as directed.

3.3 Contract Management:

The Contractor is responsible for contract management. The Contractor shall be responsible for total management during the performance of this contract; administration of the contract requires maximum coordination between the Government and the Contractor. The Contractor shall establish processes and assign appropriate resources to administer the requirements effectively.

The Contractor shall ensure timely responses to stakeholder inquiries and request related to course delivery and development.

3.3.1 Timeliness:

The contractor shall deliver each course and adhere to the agreed-upon timeframe specified in each task order.

3.3.2 Quality:

The contractor shall develop course materials that align with industry best practices and instructional design standards. The contractor shall ensure accuracy, clarity, and relevance of course content and assessments. The contractor shall conduct through quality assurance checks to identify and address any errors or inconsistencies in course materials.

3.3.3 Customer Satisfaction:

The contractor shall achieve high ratings and positive feedback from course participants on the quality and effectiveness of training sessions. The contractor shall solicit feedback from students, NRCS personnel to continuously improve course content and delivery methods. The contractor shall address any concerns or issues raised by customers in a timely and satisfactory manner.

3.3.4 Curriculum Improvement

The Contractor will make appropriate improvements to the program materials and/or delivery of subsequent courses based on feedback from the participants, participants’ supervisors, NRCS SMEs and management. Contractor will make the improvements in the course material and in the instructor’s delivery within thirty (30) days of official recommendation.

3.3.5 Effectiveness:

The Contractor shall ensure that course objectives are clearly defined and met through the delivery of comprehensive and engaging training sessions. The contractor shall measure the impact of training on learners’ knowledge, skills, and job performance through pre and post-training assessments. The contractor shall monitor course effectiveness over time and adjust as needed to optimize learning outcomes.

3.3.6 Efficiency:

The contractor shall streamline processes and workflows to expedite course development and delivery without compromising quality. The contractor shall implement technologies and tools to enhance efficiency in managing course materials, assessments, and participation interactions.

3.4 Reports

Provide reports on a scheduled basis that include the minimum of the following:

A. Development Phase:

Bi-weekly status reports shall be sent to the NRCS POC no later than two weeks after contract award. The report shall include at a minimum:

a. identified resources for the project

b. timelines

c. work accomplished to date

d. projected end date

B. Delivery Phase:

1. Course Report: Following each course presentation, the Contractor shall provide an instructor report and provide the evaluation results of the attendees to the NRCS POC within five (5) business days after each course delivery. The Contractor shall provide the results of the final exam, to the NRCS POC within five (5) business day.

A. Provide student course evaluation report, test scores if any, and improvement recommendations based on evaluations to NRCS POC within 5 business days after course completion.

B. A course evaluation report will be provided to NRCS no later than 5 business days after course completion.

The report shall include:

A. Instructor name B. Location C. List of enrollees / attendees D. List of attendees that completed the course E. Results of any tests, General notes of how the course went, any issues, any suggestions F. Provide comments to NRCS POC for review and incorporate appropriate improvements to the program materials and/or delivery of course

2. Quarterly Report: The Contractor will meet with the NRCS SME or POC to review feedback from their course delivery and transfer of learning as input for revising and enhancing the course material for each subsequent offerings of the program every quarter. Report shall be delivered no later than 30 days from the end of the quarter.

The report shall include:

A. List of courses delivered

B. Course Delivery Location C. Number of enrollees / attendees D. Status of completed work E. An excel spreadsheet listing students that have successfully completed the course(s) and a list of students that did not successfully complete courses(s).

F. List of courses that were reviewed for improvement

3. Annual report: Provide an annual report for the federal fiscal year of the courses provided, attendees, courses reviewed and /or updated for improvement. Report shall be delivered no later than 60 days after the end of the period of performance of the task order and at the end of the IDIQ POP.

The Report shall include:

A. List of courses delivered B. Course Delivery Location C. Number of attendees D. Status of completed work.

E. An excel spreadsheet listing students that have successfully completed the course(s) and a list of students that did not successfully complete courses(s).

F. List of courses reviewed and /or updated for improvement

4. Closeout report. Provide a closeout report for all elements of the contract to include courses provided, attendees, courses reviewed and /or updated for improvement. Report shall be delivered no later than 60 days after the end of the IDIQ POP.

3.5 Deliverables/Schedule

Timely completion of deliverables is essential to a successful outcome. Below are the required due dates for each performance objective to be completed by the Contractor.

Item No.

Deliverable Performance Objective/Task

Due

1 Conduct Post-Award Conference Section 3.2 Conduct Post- Award Conference between Government and Contractor personnel. PWS Section 3.1.1.

Within 10 calendar days of contract award.

2 Course Development: Section 3.2.1 Develop course content, including presentations, handouts, manuals, and online modules.

Negotiated at task order level

3 Training Delivery Section 3.2.2 Conduct training sessions, whether virtual, in-person, or blended, attendance records

Negotiated at task order level.

and participant feedback from training sessions.

4 Course Schedule Section 3.2.3 Negotiated at task order level

5 Course Enrollment Section 3.2.4 No later than first day of class

6 Course Evaluation Section 3.2.5 Contractor is responsible for developing and delivering course evaluations.

No later than the last day of the course delivery (end of class).

7 Contract Management Section 3.3 Manage all elements of the contract.

Throughout the performance of the contract.

8 Reports PWS Section 3.4 A. Development Phase:

Biweekly status reports

B. Delivery Phase:

1. Course Report

2. Quarterly Report:

3. Annual Report for the Fiscal Year

4. Provide closeout

No later than every two

(2) weeks from award of contract.

Following each course presentation, the Contractor shall provide an instructor report and provide the evaluation results of the attendees to the NRCS POC within five (5) days after each course delivery

No later than thirty (30) days from the end of the quarter

Report shall be delivered no later than 60 days after the end of the period of performance of the task order and at the end of the

IDIQ POP

Report shall be delivered report.- Summary of all activities completed during the

IDIQ

no later than 60 days after the end of the IDIQ POP.

3.6 Performance Requirements Summary

The Performance Requirements Summary (PRS) establishes a minimum performance standard for each performance objective/task that must be met for the work to be considered acceptable.

Contractor performance not meeting these standards is considered nonconforming. At its discretion, the Government may require reperformance of nonconforming services at no increase in contract price. If reperformance will not correct the defects or is not possible, the Government is entitled to an equitable price reduction or adequate consideration for acceptance of nonconforming services and/or supplies. The absence of any contract requirement from this PRS shall not detract from its enforceability nor limit the rights or remedies of the Government under any other provision of the contract for noncompliance.

PWS

Section

Performance Objectives/Tasks Performance Standards and Acceptable Quality Levels

3.1 Conduct Post-Award Conference. Meeting is conducted as required by PWS Section 3.1

3.2.1 Course Development Manage contract in its entirety

including all PWS Sections.

3.2.2 Delivery Requirements Deliver each course within the

agreed-upon timeframe specified in task order.

3.2.3 Course Schedule Course schedule will be determined at

the task order level within section 3.2.3

3.2.4 Course Enrollment Provide information related to

enrollment/attendees for each course within section 3.2.4

3.2.5 Course Evaluation Modify curriculum and implement

modifications into course work and instruction material in accordance with PWS Section 3.2.5

3.3 Contract Management Ensure that course objectives are

clearly defined and met through the delivery of comprehensive and engaging training sessions

3.4 Reports Complete reports in in accordance

with PWS Section 3.4

4. SPECIAL REQUIREMENTS

This section describes the special requirements that apply to this contract. The following sub-sections provide additional detail for each requirement.

4.1 Government Furnished Information (GFI)

4.1.2 Applicable Documents

The Contractor must, to the greatest extent practicable, comply with all the following documents:

A. Field Office Technical Guide (https://www.nrcs.usda.gov/resources/guides-and-instructions/field-office-technical-guides) B. Biosecurity Procedures for Visits to Farms and Ranches Handbook (https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=46798)

4.2 Restrictions Against Disclosure

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, nor 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 (e.g., on a "need to know" basis). The Contractor shall immediately notify the Contracting Officer, in writing, if the Contractor determines or has reason to suspect a breach of this requirement.

The Contractor agrees not to disclose any information concerning 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.

Performance of work may involve access to potentially sensitive information about governmental and landowner issues. All Contractor personnel shall comply with the terms of AGAR clause 452.224-70 (Confidentiality of Information), as well as provisions of the Privacy Act of 1974 (5 U.S.C. 552a) Additionally, the Contractor’s personnel shall comply with privacy of personal information relating to agency programs in accordance with Section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (P.L. 107-171) and Section 1619 of Title I of the Food, Conservation, and Energy Act of 2008.

The Contractor’s employees shall not disclose contents of agency case files and/or records to anyone other than authorized United States Department of Agriculture employees without the express written consent of the Freedom of Information Act and Privacy Act Officer, through the Contracting Officer.

4.3 Organizational Conflicts of Interest

The Contractor acknowledges that it is familiar with Federal Acquisition Regulation (FAR) https://www.nrcs.usda.gov/resources/guides-and-instructions/field-office-technical-guides https://www.nrcs.usda.gov/resources/guides-and-instructions/field-office-technical-guides https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=46798

Subpart 9.5, Organizational and Consultant Conflicts of Interest, and agrees to avoid, neutralize or mitigate such conflicts of interest in accordance with the principles set forth in the FAR. If the performance would require the Contractor, including Subcontractors, to provide services related to systems or projects with which the Contractor is already directly concerned, either by prime or subcontract, that would cause an organizational conflict of interest, the Contractor shall immediately notify the Contracting Officer, in writing, and not perform the work until direction is provided by the Contacting Officer.

4.4 Data Rights

NRCS will own the source files, content, and all materials generated as products of this contract and will not be subject to copyrights or other terms that will limit the use or maintenance of the generated products. The contractor has a non-exclusive, royalty free license to use such information for further educational purposes.

All reports, materials (including, but not limited to, all training and training-related materials including, but not limited to, all SOPs, lessons learned, analyses/evaluations and analyses/evaluation criteria, on-line course materials, computer software/applications and hardware, source code, interfaces, tools, works, and other related items) data, information, and all electronic/digital files and other items described herein, and any other items, (hereinafter referred to individually or collectively as the Work or Works), and all intellectual property rights in or to such Works, in whatever form, created, generated, or produced under, or as a result of, this PWS shall become the property of the U.S. Government/USDA. The U.S. Government/ USDA shall be the owner of all of these Works and all intellectual property rights in or to these Works.

Moreover, except as provided in writing by the Contracting Officer, no Work, information, material and/or other item created, generated, produced or provided under, or as a result of, this PWS/effort shall be used by the Contractor or any of its employees/agents, subcontractors and/or representatives, for any purpose other than for the support and performance of this PWS. Still further, the Contractor is obligated to protect from unauthorized use or disclosure all Government confidential or classified material and/or Government-owned proprietary, and/or Personally Identifiable Information or Personal Privacy Items obtained in the course of performance under the Government contract, as long as such data remains proprietary, confidential, sensitive, or classified.

4.5 Section 508 - Accessibility of Information and Communications Technology (ICT) This contract vehicle is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

749d) as amended by the Workforce Investment Act of 1998 (P.L. 105-220). The Revised Section 508 Standards, which consist of 508 Chapters 1 and 2 (Appendix A), along with Chapters 3 through 7 (Appendix C), contain scoping and technical requirements for information and communication technology (ICT) to ensure accessibility and usability by individuals with disabilities. Compliance with these standards is mandatory for Federal agencies subject to Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d).

Each ICT product or service furnished under this contract shall comply with the Revised Section 508 ICT Accessibility Standards at a minimum, as specified in the contract. If any furnished product or service is determined to be noncompliant, the Contracting Officer will notify the Contractor in writing.

The Contractor shall, without charge to the Government, remediate or replace the noncompliant products or services within a specified timeframe as determined by the Government in writing. If such remediation or replacement is not completed within the time specified, the Government shall have the following recourses:

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

2) In the case of custom 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 noncompliant ICT, with the Contractor liable for reimbursement to the Government for any expenses incurred thereby.

The Contractor must ensure all noncompliant ICT products and services are provided pursuant to extensive market research and exhibit the highest level of compliance while satisfying the contract requirements.

For every ICT product or service accepted under this contract by the Government that does not comply with the Revised Section 508 Accessibility Standards, the Contractor shall, at the discretion of the Government, remediate or upgrade the item 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.

4.5.1 SECTION 508 COMPLIANCE

Vendors, Contractors, and their respective (ICT) products and services shall comply with the following standards, policies, and procedures. In the event of conflicts between the referenced documents and this contract vehicle, the contract vehicle shall take precedence.

a. Revised Section 508 ICT Accessibility Standards

b. Section 508 of the Rehabilitation Act as amended (29 U.S.C. 794d)

c. Federal Acquisition Regulation (FAR) Subpart 39.2

d. USDA Section 508 Departmental Regulation

Additionally, all contract deliverables are subject to these standards.

All ICT products and services, regardless of format, must conform to the applicable Section 508 standards to allow Federal employees and members of the public with disabilities equivalent access to and use of information and data provided to those without disabilities.

All Contractors, sub-Contractors, and consultants are 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. Remediation of any noncompliant ICT or materials as set forth in this contract vehicle shall be the responsibility of the Contractor, sub-Contractor, or consultant.

https://www.access-board.gov/ict/#about-the-ict-accessibility-standards https://www.access-board.gov/law/ra.html#text-of-section-508-of-the-rehabilitation-act-of-1973-as-amended-29-usc-794d https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2039_2.html http://www.ocio.usda.gov/document/departmental-regulation-4030-001

According to the Access Board’s Section 508 Scoping Requirements The following Section 508 provisions apply to the products and/or services identified in this contract vehicle:

• C202 Functional Performance Criteria: Where the requirements in Chapters 4 and 5 do not address one or more functions of telecommunications or customer premises equipment, the functions not addressed shall conform to the Functional Performance Criteria specified in Chapter 3.

• C203 Electronic Content: Electronic content that is integral to the use of telecommunications or customer premises equipment shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0.

• C204 Hardware: Where components of telecommunications equipment and customer premises equipment are hardware, and transmit information or have a user interface, those components shall conform to applicable requirements in Chapter 4.

• C205 Software: Where software is integral to the use of telecommunications functions of telecommunications equipment or customer premises equipment and has a user interface, such software shall conform to C205 and the applicable requirements in Chapter 5.

WCAG Conformance: User interface components, as well as the content of platforms and applications shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0.

• C206 Support Documentation and Services: Where support documentation and services and provided for telecommunications equipment and customer premises equipment, manufacturers shall ensure that such documentation and services conform to Chapter 6 and are made available upon request at no additional charge.

In addition, vendors and Contractors shall comply with the standards, policies, and procedures below for all ICT pursuant to this contract:

• For Custom ICT Development Services, the vendor or Contractor shall ensure the ICT fully conforms to the applicable Revised Section 508 standards prior to delivery and before final acceptance.

• For Installation, Configuration, and Integration Services, the vendor or Contractor shall not install, configure, or integrate the equipment and software in a way that reduces the level of conformance with the applicable Revised Section 508 standards.

• For Maintenance, Upgrades, and Replacements, the vendor or Contractor shall ensure maintenance upgrades, substitutions, and replacements do not reduce the original level of conformance with the applicable Revised Section 508 standards at the time of the contract award.

• Service Personnel are ensured by the vendor or Contractor to possess the knowledge, skills, and ability necessary to address the applicable Revised Section 508 standards and shall provide supporting documentation upon request.

• When providing Hosting Services, the vendor or Contractor shall not reduce the existing level of conformance of the electronic content with the applicable Revised Section 508 standards.

• When purchasing ICT where 1) Section 508 validation is not possible prior to award, 2) the ICT will be changed after the award, or 3) ICT will be hosted in a third-party environment, the vendor or Contractor shall test and validate the ICT solution for conformance to the Revised Section 508 standards, in accordance with the required testing methods as defined by the agency.

• The vendor or Contractor shall document and maintain information regarding the measures taken to ensure compliance with the applicable requirements. This documentation https://www.access-board.gov/ict/#508-chapter-2-scoping-requirements https://www.access-board.gov/ict/#C202-functional-performance-criteria https://www.access-board.gov/ict/#C203-electronic-content https://www.access-board.gov/ict/#C204-hardware https://www.access-board.gov/ict/#C205-software https://www.access-board.gov/ict/#C206-documentation-services includes but is not limited to testing records, product demonstrations, and reported defects by end users and testers.

• Prior to acceptance, the vendor or Contractor shall provide an Accessibility Conformance Report (ACR) for each ICT item that is developed, updated, and/or 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 the ITI.

Note: A supplemental ACR may be required if the agency has additional or stricter accessibility requirements than what is outlined in the VPAT.

• Prior to acceptance, the agency reserves the right to require a full working demonstration of the completed ICT item to demonstrate conformance to the agency’s accessibility requirements in addition to independent testing to validate.

• In the case of non-compliance where the vendor or Contractor claims its products and/or services satisfy the applicable Revised Section 508 standards specified in the contract vehicle, the contracting officer will promptly inform the vendor or Contractor in writing of the non-compliance. The vendor or Contractor shall, at no cost to the agency, repair or replace the non-compliant products or services within the period specified by the contracting officer.

All Information and Communications Technology (ICT) subject to the Revised Section 508 standards will be evaluated for Section 508 conformance and usability. The test must be administered by a Federal Section 508 Testing Center. All maintenance for ICT that requires upgrades, modifications, installations, repairs, and purchases shall adhere to the Revised Section 508 standards.

4.6 Web Content Accessibility Guide (WCAG) 2.0 Compliance

Any software used must comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this PWS, the PWS must take precedence.

Hosting Services When providing hosting services for electronic content provided by the agency, Contractor must not implement the hosting services in a manner that reduces the existing level of conformance of the electronic content with applicable Section 508 standards. Throughout the life of the contract, the agency reserves the right to perform testing on hosted solution to verify conformance with this requirement.

Product Development When creating or providing content, including documents, reports, videos, multimedia productions, web content, etc. ensure 508 standards are met and provide information on how the item enables the creation of accessible electronic content that conforms to the Section 508 Standards.

Documentation Contractor must maintain and retain full documentation of the measures taken to ensure compliance with the applicable requirements, including records of any testing or demonstrations conducted.

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

Acceptance Before acceptance, the agency reserves the right to perform independent testing to validate that the solution provided by the Contractor conforms to the applicable Section 508 standards.

Non-Compliance Before final acceptance of any ICT item, including updates and replacements, if Contractor claims its products or services satisfy the applicable Section 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 in writing of the non-compliance. Contractor must, at no cost to the agency, repair or replace the non-compliant products or services within the period specified by the contracting officer.