Solicitation-_DOC_ES_TA_Managed_Services_IDIQ_v14_Amend_01.docx

REQUEST FOR PROPOSAL (RFP): Enterprise Services – Talent Acquisition Managed Services

Department of Commerce Enterprise Services – Talent Acquisition Managed Services

October 15, 2018

Table of Contents

INDEFINITE DELIVERY, INDEFINITE QUANTITY CONTRACT

General The Contractor shall provide the services described in this Indefinite Delivery, Indefinite Quantity (IDIQ) contract and the SOW as defined in individual Task Orders. Terms and conditions of the IDIQ will flow down to all issued orders unless otherwise identified in the issued Order.

The estimated ceiling of the IDIQ is $150 million, inclusive of all orders issued during the 5-year ordering period.

Order Types Task Orders issued under this IDIQ will be Fixed-Price type (i.e. Fixed Unit Price), Time and Materials/ Labor-Hour type orders, or a hybrid involving two or more of these contract types. Contract type will be defined in each Order.

Ordering Period / Period of Performance The ordering period of this IDIQ is 5-years from date of award. Orders may be issued at any time during the ordering period.

Place of Performance The Government anticipates the majority of product deliveries and rendered services in support of this Contract to be provided at the Contractor’s site, so long as this site is within the continental United States. Please note the Contractor’s site will require an ATO letter issued by a Federal Government agency, and the Department will sponsor the site ATO.

Performance may require attendance of the Contractor at DOC Headquarters or other DOC and Bureau locations, as needed. Place of performance will be will be further defined in Orders as applicable.

Prime Contractor Responsibilities The Contractor shall be held responsible for the performance of all services required under this contract and under issued Task Orders.

Emergency Situations Emergency situations and contingency operations at the DOC may require the Contractor to operate at times not considered normal operating hours, as directed by the Contracting Officer. This normally involves utility outages, weather driven contingencies, or any work involving support for significant technical related services critical to the DOC mission and the mission of the supported Bureaus.

National Security Services may be required to support an activation or exercise of contingency plans outside the normal duty hours. Emergencies (i.e., accident and rescue operations, civil disturbances, terrorist attacks, and natural disasters) may necessitate the Contractor to provide increased or reduced support as determined by the CO.

Pricing

1.1 Labor Rate Pricing

The labor rates awarded by labor category shall be fully burdened and fixed for annual periods. Escalation is allowable annually. Rates in effect at time of Order placement will remain in effect for 12- consecutive months regardless of changes in the annual effective labor rate. Escalated rates will be applied for the following 12-month consecutive period and so on.

1.2 Travel/Other Direct Costs (ODCs)

Travel and Other Direct Costs (ODC) are allowed under this Contract and shall be specifically addressed in issued Task Orders if necessary for performance of the Order. Travel will be reimbursed in accordance with The FTR/JTR and any limitations identified in the Task Order. The designated Government Official must approve all travel in advance of incurring costs for reimbursement.

ODCs will be identified in individual Task Orders, as required, and as determined to be allowable, allocable, and reasonable. ODCs shall be reimbursed to the Contractor at cost plus any allowable material handling fee.

1.3 Other Indirect Costs

Indirect costs and overheads are not allowable as direct charges under this IDIQ.

1.4 Incremental Funding on Time and Materials and Labor Hour Orders Funding may be incrementally funded for Time and Material/Labor Hour Orders. The Contractor shall notify the Contracting Officer (CO) and the Contracting Officer Representative (COR) in writing at when costs incurred reach, or will reach 75% of allocated funding on the Order. Contractor’s incurrence of cost in excess of amount funded shall be at the Contractor’s own risk.

1.5 Overtime Payment

Overtime premiums are not authorized on Task Orders issued under this Contract. The Contractor shall have sufficient staffing to meet extended hours in order to avoid overtime premiums allocable to the Government.

1.6 Performance Incentives and Penalties

The Government may introduce incentives and/or penalties directly related to meeting established Service Level Agreements (SLAs) for specific services. Incentives and/or penalties will be identified in individual Orders. Any incentives will follow the guidelines provided in FAR 16.4 Incentive Contracts. All necessary documentation will be provided at the Order level.

1.7 Payment-Firm Fixed Price

Payment of the prices delineated in this contract will be made after DOC’s inspection and acceptance of the deliverables and receipt of a proper invoice. The Contractor shall invoice for services rendered monthly.

1.8 Payment Time and Material/Labor Hour

Time and Material payments will be made on a monthly basis after acceptance of work and receipt of a proper invoice. The Contractor shall provide sufficient detail, including fully burdened labor rates and hours worked, and receipts for material to support the invoice.

The Contractor shall not accrue costs in excess of the amount funded under this Time and Material contract. Any work performed in excess of the amount funded is at the Contractor’s own risk.

Task Order Issuance

(a) All work shall be initiated only by issuance of a fully executed Task Order issued by a designated Enterprise Services – Acquisition Contracting Officer. The work to be performed under these orders must be within the scope of the overall Contract. The Government is only liable for labor hours and costs expended under the terms and conditions of this contract to the extent that a fully executed Task Order has been issued and covers the required work and costs. Charges for any work not authorized shall be disallowed.

(b) For each Order under the IDIQ, the Contracting Office shall either send a Request for Proposal to the Contractor(s) or issue a direct order for required materials and services. Any request will contain a detailed description of the tasks to be achieved, a schedule for completion of the Task Order, and deliverables to be provided by the Contractor.

(c) If required, the Contractor shall submit a proposal defining the approach to be taken to complete the task order, work schedule, and proposed cost/price.

(d) After any necessary negotiations, the Contractor shall submit a final proposal.

(e) Task Orders will be considered fully executed upon signature of the Contracting Officer. The Contractor shall begin work on the Task Order in accordance with the effective date of the order.

(f) The Contractor shall notify the Contracting Officer of any instructions or guidance given that may impact the cost, schedule or deliverables of the Order. A formal modification to the Order must be issued by the Contracting Officer before any changes can be made.

Submittal of Invoices Submit invoices and required supporting documents, electronically via e-mail to the following e-mail address: As designated in Orders

Email a copy of the invoice to the Contracting Officer and the Contracting Officer’s Representative.

Invoices shall be prepared as follows:

(a) A separate invoice shall be submitted for each billing period under this contract.

(b) Invoices shall be submitted within 10 days after delivery or performance of work, but not more frequently than monthly

(c) Include the invoice and supporting documents as an attached PDF document.

(d) Include in the e-mail subject line the following:

(v) Example: Invoice No. 1 of Contract No. 1331L5-18-F-1350-0049, ABC Corporation, Attention: Jimmy Smith

(e) Documentation shall include:

(i) Name and address of the Contractor.

(ii) Invoice number and invoice date

(iii) Contract number and title.

(iv) Period of work billed.

(v) Amount billed by CLIN under the contract

(vi) Hours expended per individual under the Task Order (for Time and Material/Labor Hour Task Orders)

(vii) Total amount of billing and cumulative total billed for all work under the contract to date.

(viii) Name and address of the individual to whom payment should be sent.

(ix) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

(x) Name of the Contracting Officer.

(f) If the invoice and supporting documents exceed 8 MB, the Contractor shall submit the invoice via the postal service to: As Defined in Orders.

Clauses Applicable to this Contract and Issued Orders

1.9 Clauses Incorporated by Reference

1.10 Clauses Incorporated in Full Text

ORDER OF PRECEDENCE

The Contractor’s submission shall supplement the Order. In the event of any inconsistencies unless otherwise stated in the relevant order, the order of precedence is as follows:

· The terms of the Contract

· The terms of the Ordering Document

· Contractor’s submission Solicitation Number 1331L5-18-R-13ES-0001[Placeholder: Solicitation Number] Request For Proposal (RFP)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERICAL ITEMS (AUG 2018)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(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 and 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).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (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) [Reserved].

__ (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 2014) (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 Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

XX (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) 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 (Jan 2017) (15 U.S.C. 637(a)(14)).

XX (20) 52.219-16, Liquidated Damages—Subcon-tracting 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. 657 f).

__ (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

XX (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

XX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

XX (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (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)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

XX (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (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.)

__ (35)(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.)

__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

XX (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

XX (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (47)(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.

__ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

XX (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).

__ (60)(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) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 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).

__ (5) 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).

__ (6) 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).

__ (7) 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).

XX (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(x) 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.

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

(xii) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 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).

(xiv) 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).

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xviii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xx) 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.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 17, 2019 through May 16, 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $30,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $20,000,000.00;

(2) Any order for a combination of items in excess of $40,000,000.00; or

(3) A series of orders from the same ordering office within 2 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after May 16, 2027.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the task order period.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor any time prior to contract expiration, provided that the Government gives the Contractor a preliminary written notice of its intent to extend any time before the contract expires. The preliminary notice does not commit the Government to an extension

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

1352.216-75 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (APR 2010)

During the term of the contract, the Government shall place orders totaling a minimum of $50,000.00. The amount of all orders shall not exceed $150,000.000.00.

1352.227-70 RIGHTS IN DATA, ASSIGNMENT OF COPYRIGHT (APR 2010)

In accordance with 48 CFR 52.227-17, Rights in Data – Special Works, the contractor agrees to assign copyright to data, including reports and other copyrightable materials, first produced in performance of this contract to the United States Government, as represented by the Secretary of Commerce. The Government retains unlimited rights to data as defined in FAR 27.401 produced in performance of Orders issued under this IDIQ.

(End of clause)

1352.237-75 KEY PERSONNEL (APR 2010)

(a) The contractor shall assign to this contract the following key personnel:

· Program Manager

· Deputy Program Manager

· Transition/Mobilization Lead

· TA Technology Lead

· Innovation Lead

· Analytics Lead

· TA Operations Lead

· Senior Staffing Specialist

· Classification Lead

· Sourcing Strategist

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain 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. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

1352.239-72 SECURITY REQUIREMENT FOR INFORMATION TECHNOLOGY (APR 2010)

(a) Applicability. This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency.

(b) Definitions. For purposes of this clause, the term “Sensitive” is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100–235), including the following definition of the term:

(1) Sensitive information is “ * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the, conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.”

(2) For purposes of this clause, the term “National Security” is defined by the guidance set forth in:

(i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3.

(ii) The DOC Security Manual, Chapter 18.

(iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress.

(3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

(c) The contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the contractor.

(d) All contractor personnel performing under this contract and contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (see DOC, Office of the Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter OS local policies and procedures.

(e) Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts.

(f) Within 5 days after contract award, the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the contractor of any other available DOC training resources. Annually thereafter the contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy.

(g) Within 5 days of contract award, the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209–72, Restrictions Against Disclosures.

(h) The contractor shall afford DOC, including the Office of Inspector General, access to the Contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime.

(i) For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the contractor shall:

(1) Within 14 days after contract award, submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and OS local policies. The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract.

(2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official.

(3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 6.3.1.1.

(j) The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.

STATEMENT OF WORK

1. BACKGROUND

DOC Overview

The U.S. DOC is a cabinet-level Department that promotes job creation, economic growth, sustainable development, and improved standards of living for all Americans. DOC works in partnership with businesses, universities, communities, and our Nation’s workers to realize its mission to help make American business more innovative at home and more competitive abroad. DOC has a widespread and diverse set of responsibilities within the areas of trade, economic development, weather monitoring and communication, technology, entrepreneurship and business development, and statistical research and analysis. Its operations include gathering economic and demographic data for business and government decision-making, issuing patents and trademarks, helping to set industrial standards, and administering the National Weather Service.

DOC comprises 12 different Bureaus with operations across the United States and globe. DOC employs a particularly varied workforce, with over 45,000 employees operating across all seven continents, including a significant number of full-time teleworkers –over 48% of employees work outside of the D.C. metro area. In addition to the current employees, DOC is often challenged by a high number of vacancies (please reference Attachment-1: TA Historical Hiring Volumes for additional information on hiring volumes). Another element unique to the workforce composition is the cyclical fluctuation in employee population around the Decennial Census during which the U.S. Census Bureau expands from 15,000 employees to over 1 million employees. Positions within DOC range widely from statisticians, attorneys, scientists, and economists to cryptologists, meteorologists and aircraft mechanics, all working to help meet the Department’s mission. DOC, as a Federal government entity, follows core Federal personnel regulations and policies provided by the Office of Personnel Management (OPM), in accordance with Title 5, Code of Federal Regulations. The majority of DOC’s workforce is paid under the General Schedule (GS) as defined by 5 Code of Federal Regulations (CFR); however, several Bureaus use alternative pay systems for approximately 25% of DOC’s highly diversified workforce; and a small percentage are paid under the Federal Wage System.

DOC’s Enterprise Services Background

Given the diverse Bureau missions, highly-specialized, unique workforces and geographically-dispersed work locations, DOC operates in a decentralized and federated model with each Bureau managing its operations and tailoring its strategic direction to specific Bureau needs. Consistent with DOC’s overall operating model, the Human Resources (HR) function was historically decentralized across the enterprise. This included a headquarters policy and administrative function and five overall servicing HR organizations (SHROs) providing “hire to retire” HR operations to the Department and Bureaus. Please reference Attachment-1: TA Historical Hiring Volumes and the table below for additional information on the SHROs.

Table 1. SHROs

· Note: TA support for Decennial Operations is not in scope, but the rest of Census TA efforts is in scope

· Bureau of Economic Analysis (BEA)

· Economics and Statistics Administration (ESA)

· Economic Development Administration (EDA)

· Minority Business Development Administration (MBDA)

· National Telecommunications and Information Administration (NTIA)

· Office of the Secretary (OS)

· International Trade Administration (ITA)

· National Technical Information Service (NTIS)

*Please note that ITA: Foreign Service and the Office of the Inspector General (OIG) service themselves and are not included.

Historically, each SHRO had different organization structures, roles and responsibilities, performance standards, processes, policy interpretations, and service delivery models. Some variation between SHROs is justified as each works to support the unique missions and workforce considerations of its customers. Accordingly, the SHROs have adopted specific processes, policies, and programs to accommodate the requirements of the mission of their serviced customer base. Likewise, variation in bargaining units of employees is also a major workforce consideration that DOC must manage, as nearly 45% of employees belong to distinct labor unions. Still, significant variation across SHROs was the result of the decentralized DOC environment in which varied processes, policies, and enabling solutions evolved over-time.

Enterprise Services Establishment

In 2014, DOC recognized an opportunity to improve mission-enabling service delivery for HR and other functions by leveraging a shared services delivery model. Over the past four years, DOC has embarked on the path to establish Enterprise Services and initiate operations. Enterprise Services is the first cabinet-level, multi-functional, enterprise-wide shared services operation in the Federal Government. When mature, Enterprise Services will deliver multiple mission-enabling services, including HR, to the over 45,000 employees that work in the Office of the Secretary and the 12 bureaus that comprise the Department. Diagram 1 provides a high-level overview of Enterprise Services’ functional delivery model.

Diagram 1. Enterprise Services Functional Delivery Model

As shown in the above diagram, Enterprise Services consists of functional towers such as HR, which provide in-scope services to DOC bureaus; for example, Enterprise Services provides personnel action request (PAR) processing. Enterprise Services also uses consolidated, function-agnostic capabilities to run the day-to-day Enterprise Services operations in a consistent and efficient manner known as the “ES Shell.” The relevant Enterprise Services Shell Capabilities for this IDIQ contract include:

· Service Management (SM): responsible for monitoring performance of the organization to ensure Enterprise Services delivers best in class services to its customers. This includes providing the structure and control to technical and process changes within the Enterprise Services environment, monitoring the performance of Enterprise Services and its services through Service Level Agreements (SLA), Customer Level Expectations (CLE), and Key Performance Indicators (KPI), and overseeing Enterprise Services relationships with its private and public partners. SM shares performance, data, trends, and information to drive customer engagement.

· Customer Experience Management (CEM): responsible for providing high-touch customer experience utilizing data from Service Management and Contact Center. This include disseminating Enterprise Services Performance Management data to customers, conducting customer engagement and outreach to collect feedback, concerns, and questions and liaising between Enterprise Services back-office functions and customers to improve customer experience. CEM escalates information shared by customers in the field with the Service Management and Tower Teams for analysis, resolution, and closure.

· Contact Center: responsible for resolving and triaging customer inquiries within Enterprise Services. This includes providing the first-line of communication to customers regarding inquiries and issues, continuously monitors and updates Contact Center resources based on customer inputs and coordinating with SM and CEM Teams to escalate issues and trends, as needed.