1331L5-19-R-13ES-0007_-SS2.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

1331L5-19-R-13ES-0007

Arianna Williams, awilliams3@doc.gov 202-482-0597

Department of Commerce Enterprise Services - Acquisition,Suite A-200 1401 Constitution Ave, NW, Washington, DC 20230

Staff Support Services 2 - See Sections B - M

See L

541611

$15M

08/21/2019

LOCAL TIME

09/12/2019

1:00 PM ET

Enterprise Services - Acquisition U.S. Department of Commerce 1401 Constitution Ave, NW Washington, DC 20230

Or akram Highlight akram Highlight

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

REQUEST FOR PROPOSAL:

STAFF SUPPORT SERVICES 2 (SS2)

ENTERPRISE SERVICES - ACQUISITION

U.S. DEPARTMENT OF COMMERCE

Table of Contents

1331L5-19-R-13ES-0007

Page - 4

Table of Contents

B.1 CLAUSES INCORPORATED IN FULL TEXT

B.2 CONTRACT TYPE

B.3 SCHEDULE OF RATES

E.1 CLAUSES INCORPORATED BY REFERENCE

E.2 CLAUSES INCORPORATED IN FULL TEXT

F.1 CLAUSES INCORPORATED BY REFERENCE

F.2 CLAUSES INCORPORATED IN FULL TEXT

F.3 SCHEDULE OF DELIVERABLES

F.4 PERFORMANCE REQUIREMENTS SUMMARY

G.1 CLAUSES INCORPORATED IN FULL TEXT

G.2 PAYMENT – (FIRM FIXED PRICE)

G.3 PAYMENT— (TIME & MATERIALS/LABOR HOUR)

G.4 NOTIFICATION OF EXPENDITURE OF FUNDS – (TIME & MATERIAL/LABOR HOURS)

G.5 APPLICATION OF ESCALATION RATES ON T&M TASK ORDERS

G.6 SUBMITTAL OF INVOICES

H.1 CLAUSES INCORPORATED BY REFERENCE

H.2 CLAUSES INCORPORATED IN FULL TEXT

H.3 OTHER CONTRACTS

H.4 PROTECTION OF INFORMATION

H.5 ORGANIZATIONAL CONFLICT OF INTEREST AND LIMITATION ON FUTURE

CONTRACTING

H.6 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

H.7 CONTRACTOR PERSONNEL OUT-PROCESSING

H.8 ELECTRONIC AND INFORMATION TECHNOLOGY

H.9 EOY SPECIAL TASK ORDERING PLAN

I.1 CLAUSES INCORPORATED BY REFERENCE

I.2 CLAUSES INCORPORATED IN FULL TEXT

J.1 PRICING FORM

J.2 MONTHLY FINANCIAL REPORT

J.3 NON-DISCLOSURE AGREEMENT

J.4 PRICING REGIONS

K.1 CLAUSES INCORPORATED BY REFERENCE

K.2 CLAUSES INCORPORATED IN FULL TEXT

L.1 CLAUSES INCORPORATED BY REFERENCE

L.2 CLAUSES INCORPORATED IN FULL TEXT

L.3 PROPOSAL PREPARATION

L.4 PRE-PROPOSAL INFORMATION

M.1 CLAUSES INCORPORATED IN FULL TEXT

M.2 EVALUATION METHOD

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SECTION B

SCHEDULE OF SUPPLIES OR SERVICES

B.1 CLAUSES INCORPORATED IN FULL TEXT

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 $10,000.00. The amount of all orders shall not exceed $151,000,000.00.

B.2 CONTRACT TYPE

This is an indefinite delivery, indefinite quantity contract (IDIQ) issued in accordance with FAR Part 12 and FAR Part 16.5. The scope of services includes providing staff services to support offices widely across the Department of Commerce.

B.3 SCHEDULE OF RATES

Labor rate ceilings contained in Attachment J.1 shall apply to each year of the contract respective to when the task order is placed under the IDIQ five-year contract. The unit of issue (rates) is the fully burdened fixed price hourly rate. Contractor’s may discount from these rates in response to Task Order Proposal Requests (TOPRs) but shall not exceed the ceiling rates.

The labor categories and rates shall be listed in the labor rate pricing form at attachment J.1 (Excel version)

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

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C.1 PERFORMANCE WORK STATEMENT (PWS)

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified) to perform the Performance Work Statement below.

C.2 BACKGROUND, SCOPE AND OBJECTIVES

The DOC is a cabinet-level Department that promotes job creation, economic growth, sustainable development, and improved standards of living for all Americans. The 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. The Department 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.

The Department is comprised of 11 Bureaus with operations across the United States, 6 U.S. Territories, and more than 70 international offices. The Bureaus include the National Oceanic and Atmospheric Administration (NOAA), National Institute of Standards and Technology (NIST), United Stated Census Bureau, United State Patent and Trademark Office (PTO), The Bureau of Industry and Security (BIS), International Trade Administration (ITA), United States Economic Development Administration (EDA), National Telecommunications and Information Administration (NTIA), Office of the Inspector General (OIG), Bureau of Economic Analysis (BEA), the Minority Business Development Agency (MBDA) and the National Technical Information Service (NTIS). The Office of the Secretary (OS) is the headquarters organization for the Department.

The contractor shall provide qualified and experienced staff support personnel to Department offices in the labor categories described in section J. The support personnel are required to support a myriad of mission-enabling and mission-oriented services required across the Department and include support for all major functional offices.

C.3 REQUIREMENTS

C.3.1 Tasks Order Specific Requirements Individual task orders issued under this indefinite delivery vehicle (IDV) will be managed, monitored and evaluated by the federal personnel as specified in the task order. Task orders will describe the required work to be performed, period of performance and any unique terms not addressed in this contract.

C.3.2 Staff Support Services The Contractor shall provide qualified staff support to perform the general responsibilities as identified in Section B.3. Staff services shall be provided as directed by discrete task orders for any organization within the Department. The labor categories provide for basic competencies to be applied to any office, program or system as identified in task orders. All final decisions will be made by federal personnel.

C.3.3 Performance Standards

• The Contractor shall provide proposals to Task Order requirements within seven (7) calendar days after issuance of Task Order Proposal Request (TOPR), unless a later date is specified.

• The Contractor shall be prepared to provide staff support requested to the assigned place of duty in the task order ten (10) working days from issuance of the order, unless a later date is specified.

C.4 PLACE OF PERFORMANCE

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The majority of the work is anticipated to be performed on-site. Locations and tasks shall be performed as directed in task orders. Locations include the Continental United States and U.S. territories with the preponderance of the work anticipated to be in the Washington, DC and surrounding areas. Telework opportunities may exist for specific functions and during certain times. The Country is divided into 3 regions for base pricing purposes as shown in J.4.

C.5 PERIOD OF PERFORMANCE

The total period of performance for placing task orders is five years from date of award.

C.6 HOURS OF OPERATION

Hours of operation will be identified in individual task orders. Generally, Government offices are closed for the following Federal holidays and occasionally during other designated periods. Contractors who may be working at DOC or other Government facilities shall not be able to perform activities onsite on these days or during those periods designated for closure:

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

When any such holiday falls on a Saturday, the preceding Friday is observed; when any such holiday falls on Sunday, the following Monday is observed.

Government closures may occur during the contract performance period as a result of Executive Order, Office of Personnel Management direction or other form of Federal proclamation. These closures are often due to inclement weather, potentially hazardous conditions or other special circumstances. Closures or delays of this nature during the performance period do not entitle the Contractor to compensation for time not worked or to an automatic period of performance extension.

Hours will be identified in each task order. General facility base hours are between 8:00 am and 5:00 pm Monday through Friday. Extended hours are not an authorization for overtime or premium pay.

C.7 GOVERNMENT FURNISHED RESOURCES

For tasks performed in a Government facility, the Government will generally furnish the following resources as defined in the task order:

• Access to facilities

• Furnished office work space

• Telephone

• Computer equipment

• Email account

• Network connectivity and access

• Filing and storage

• Office supplies

C.8 TRAINING, LICENSES AND CERTIFICATIONS

The Contractor shall be responsible for any special training, licensing and certifications of Contractor personnel necessary to provide the expertise and support required by this contract.

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C.9 IDENTIFICATION OF CONTRACTOR EMPLOYEES

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

C.10 TRAVEL

Travel may be required to meet with customers and/or vendors. Authorized travel will be identified in individual task orders. If travel is not specifically authorized in writing, travel is not authorized as a separate billable expense. Authorized travel shall be in accordance with the Federal Travel Regulation and the Federal Acquisition Regulation part 31.205-46. Travel reimbursed under task orders issued under this contract shall be based on the most economical form of transportation available only. Any costs deemed unreasonable will be reduced to a reasonable amount. Improper costs will be disallowed and deducted from the invoice. Any exceptions shall be fully justified and documented with the invoice. All travel shall be scheduled sufficiently in advance to take advantage of available discount rates.

Travel requirements shall be met using the most economical form of transportation available. This includes using connecting rather than direct flights, and reasonable efforts to insure the most economical flights are secured. Simply relying on a travel agent may not be sufficient. If economy class transportation is not available, the invoice must include justification for use of higher-class travel indicating dates, times, and flight numbers.

Information on current Federal Travel Regulations and current per diem rates may be obtained at the following web site:

http://www.gsa.gov/portal/category/21287

C.11 SECURITY REQUIREMENTS

C.11.1 Security Implementation The Contractor shall establish and implement security aspects of the contract execution environment (i.e.

policies, procedures, standards, resources, controls, and outcomes to include applicable verification testing) that are compliant, effective, and reliable in the areas of personnel security (for clearances and access), information security and assurance, and physical security and protection of facilities and infrastructure.

C.11.2 Physical Security The Contractor shall ensure access to Contractor buildings, rooms, work areas and spaces, and structures that house DOC sensitive information or IT systems through which DOC sensitive information can be accessed, is limited to authorized personnel. The Contractor shall ensure controls are implemented to deter, detect, monitor, restrict, and regulate access to controlled areas at all times. Controls shall be sufficient to safeguard IT assets and sensitive information against misuse, loss, theft, destruction, accidental damage, hazardous conditions, fire, malicious actions, and natural disasters.

C.11.3 Badges All Contractors shall complete a Department of Commerce Personal Identity Verification (PIV) Request form CD-591 and Common Access Card (CAC) form 1172-2 prior to being granted access to U.S. federal Government facilities.

In addition, all Contractors will be issued a CAC badge, in compliance with Homeland Security Presidential Directive 12/HSPD. This technically advanced picture-ID badge will enhance the security of all federally controlled facilities and computer systems to ensure a safer environment for all Federal employees and http://www.gsa.gov/portal/category/21287

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Contractors. To receive a CAC card all personnel must have successfully cleared all DOC and Federal investigation and background checks.

C.11.4 Exit Interviews The Contractor shall conduct exit interviews with all departing Contractors and return Government-issued identification badges and Government-issued equipment to the COR.

C.12 CONFLICTS OF INTEREST

Contractor and subcontractor personnel performing work under this contract may receive, have access to, and/or participate in the development of government requirements which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. To mitigate these conflicts, the Contractor shall be prohibited from competing on solicitations resulting from this work and the Contractor’s employees will be required to sign non-disclosure agreements (NDA)(J.3).

C.13 DATA RIGHTS

The Government has unlimited rights to all documents/material produced under task orders. All documents and materials, to include the source code of any software produced, designs, blueprints and plans, whether resulting in a solicitation or not, shall be Government owned and the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

C.14 DIRECT LABOR COSTS

Direct Labor costs under this contract includes Contractor employee labor, Sub-Contractor employee labor and Consultant labor. Maximum direct labor rates are identified in Section B, Schedule of Rates.

C.15 REPORTS AND DELIVERABLES

The following reports and deliverables are required at the contract level during performance of this contract.

If additional reports are required, they will be defined at the task order level

C.15.1 Post Award Conference The Contractor shall attend a post award conference scheduled within 30 days after contract award. Location will be at the DOC, 1401 Constitution Ave NW, Washington, DC.

C.15.2 Monthly Financial Report The Contractor shall prepare and submit Financial Reports by the 10th of every month for the previous month. The Monthly Financial Report (MFR) shall follow the basic format of J.2 by task order. Monthly invoices shall match the MFR.

C.15.3 Monthly Status Report The Contractor shall provide a monthly status report by the 10th of every month for the previous month. The report shall provide an outline of:

• Ordering Activity—the total number of orders completed during the month, total number of those in progress, average time to process and status of any order that exceeds the standard performance timeline for placement (para C.3.3).

• Personnel—provide information on personnel status that may jeopardize mission accomplishment.

C.15.4 Periodic Progress Meetings

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The Contractor shall attend progress meetings requested by the contracting activity. The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the CO will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

C.15.5 Task Order Reports and Deliverables Task order reports and deliverables will be specified at the task order level.

C.16 DELIVERABLES

The contractor shall prepare and submit the deliverables as required and defined in this PWS in accordance with the Schedule of Deliverables, Section F.3.

SECTION E

INSPECTION AND ACCEPTANCE

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E.1 CLAUSES INCORPORATED BY REFERENCE

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

52.246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)

E.2 CLAUSES INCORPORATED IN FULL TEXT

1352.246-70 PLACE OF ACCEPTANCE (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract. (b) The place of acceptance will be:

See paragraph C.4

SECTION F

DELIVERIES OR PERFORMANCE

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F.1 CLAUSES INCORPORATED BY REFERENCE

52.242-15 STOP-WORK ORDER (AUG 1989)

F.2 CLAUSES INCORPORATED IN FULL TEXT

1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

(a) The period of performance of this Requirements Contract (for the purpose of placing orders) is five (5) years from the date of award. There are no option periods at the contract level (except FAR 52.217-8). See paragraph C.5.

F.3 SCHEDULE OF DELIVERABLES

Deliverable

PWS

Reference Delivery Date Format Quantity

Post Award Conference C.15.1 30 days after award Meeting 1 Monthly Financial Report C.15.2 10th of Every Month Electronic

MS Office or

PDF

Email

Monthly Status Report C.15.3 10th of Every Month Electronic MS Office or

PDF

Email

Progress Meetings C.15.4 As Required Meeting As Required but no less frequent than semi-annually

F.4 PERFORMANCE REQUIREMENTS SUMMARY

The Performance Requirements Summary (PRS) outlines the general standards of performance required by this contract. More specific performance requirements will be identified at the task order level.

Performance Objective

Performance Standard Performance Threshold

Method of Surveillance

PRS #1.

The Contractor shall provide qualified professional support to meet customer demands.

PWS B.3, C.2, and C.3

The Contractor provided staff augmentation shall meet the required performance capabilities as defined in section B.3 and conform to standard operating procedures of the office described in the task order.

Contractor staff shall possess knowledge and experience to perform the duties identified in task orders.

Government employees will monitor workload throughput and quality.

PRS #2

The Contractor staff shall report to their assigned tour of duty on time. PWS C.6

The Contractor shall report on-time to their assigned tour of duty.

Provide adequate personnel coverage for schedule and unscheduled absences.

Not more than 15 minutes late once per week, 30 minutes late once per month.

The COR will be alerted to coverage gaps

SECTION F

DELIVERIES OR PERFORMANCE

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PRS #3

The Contractor shall provide the required staff augmentation needed to meet mission requirements. PWS C.3.3

The Contractor shall recruit, employ and deliver the required staff augmentation support in accordance with the time limits stated.

Staff augmentation shall arrive ready for duty within the timelines identified at least 85% of the time. No order for augmentation shall exceed 25 calendar days before the personnel report.

Metrics on performance will be captured on every action. Time begins when task order is issued.

PRS #4

The Contractor shall meet delivery schedule. PWS C.15

The Contractor shall make required deliveries per C.15 and F.3.

Make deliveries as required 90% of the time.

No delivery shall exceed 3 days late.

Deliveries will be recorded when made.

SECTION G

CONTRACT ADMINISTRATION DATA

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G.1 CLAUSES INCORPORATED IN FULL TEXT

1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (C0R) (APR 2010)

(a) ____________________* is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

*The name and address of the COR will be designated at the time of contract award

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

1352.216-76 PLACEMENT OF ORDERS (APR 2010)

(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. Each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216-18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

Enterprise Services – Acquisition (ES-A) is the cognizant contracting activity within the Department for placing orders under this IDIQ on behalf of the whole Department. ES-A Contracting Officers are authorized for placement of orders under this IDIQ.

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is: The ES-A Senior Bureau Procurement Officer: Anthony S. Kram akram@doc.gov

1352.237-74 PROGRESS REPORTS (APR 2010)

mailto:akram@doc.gov

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Submit Progress Report as stated in section F.

1352.245-70 GOVERNMENT FURNISHED PROPERTY (APR 2010)

The Government will provide the following item(s) of Government property to the contractor. The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the "Government Property" clause included in this contract.

Government Property will be identified on individual task orders.

G.2 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.

G.3 PAYMENT— (TIME & MATERIALS/LABOR HOUR)

For Time and Material, payment 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.

G.4 NOTIFICATION OF EXPENDITURE OF FUNDS – (TIME & MATERIAL/LABOR HOURS)

The Contractor shall notify the Contract Specialist and COR in writing, within 5 calendar days, when costs incurred exceed 75% of the obligated funds.

G.5 APPLICATION OF ESCALATION RATES ON T&M TASK ORDERS

The Contractor shall escalate rates in T&M task orders no earlier than twelve (12) months from the date the order is issued in accordance with the schedule of rates in Section B. The rate effective at the time of task order issuance shall remain in effect for twelve continuous months unless there is a task order option period shorter than 12-months; regardless of the amount of time remaining before the IDIQ rate escalation occurs.

Subsequent task order option periods shall similarly escalate to the published or proposed rate for that next option period and remain in effect for a period of twelve additional months before escalating.

G.6 SUBMITTAL OF INVOICES

Submit invoices and required supporting documents, electronically via e-mail to the following e-mail address:

Specified in task 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:

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(i) Invoice #

(ii) Contract Number

(iii) Name of your Company/Organization

(iv) Attention: Contract Specialist

(v) Example: Invoice No. 1 of Contract No 1331L5-19-F-1350-0001 ABC Corporation, Attention: Jimmy Dear

(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:

Specified in task orders

SECTION H

SPECIAL CONTRACT REQUIREMENTS

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H.1 CLAUSES INCORPORATED BY REFERENCE

1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR

2010)

1352.239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES

(APR 2010)

H.2 CLAUSES INCORPORATED IN FULL TEXT

1352.208-70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

(a) The contractor is authorized to duplicate or copy production units provided the requirement does not exceed 5,000 production units of any one page or 25,000 production units in the aggregate of multiple pages.

Such pages may not exceed a maximum image size of 10-3/4 by 14-1/4 inches. A "production unit" is one sheet, size 8-1/2 x 11 inches (215 x 280 mm), one side only, and one-color ink. Production unit requirements are outlined in the Government Printing and Binding Regulations.

(b) This clause does not preclude writing, editing, preparation of manuscript copy, or preparation of related illustrative material as a part of this contract, or administrative duplicating/copying (for example, necessary forms and instructional materials used by the contractor to respond to the terms of the contract).

(c) Costs associated with printing, duplicating, or copying in excess of the limits in paragraph (a) of this clause are unallowable without prior written approval of the Contracting Officer. If the contractor has reason to believe that any activity required in fulfillment of the contract will necessitate any printing or substantial duplicating or copying, it shall immediately provide written notice to the Contracting Officer and request approval prior to proceeding with the activity. Requests will be processed by the Contracting Officer in accordance with FAR 8.802.

(d) The contractor shall include in each subcontract which may involve a requirement for any printing, duplicating, and copying in excess of the limits specified in paragraph (a) of this clause, a provision substantially the same as this clause, including this paragraph (d).

1352.209-71 LIMITATION OF FUTURE CONTRACTING (APR 2010)

(a) The following restrictions and definitions apply to prevent conflicting roles, which may bias the contractor's judgment or objectivity, or to preclude the contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions.

(1) Descriptions or definitions:

(i) "Contractor" means the business entity receiving the award of this contract, its parents, affiliates, divisions and subsidiaries, and successors in interest.

(ii) "Development" means all efforts towards solution of broadly defined problems. This may encompass research, evaluating technical feasibility, proof of design and test, or engineering of programs not yet approved for acquisition or operation.

(iii) "Proprietary Information" means all information designated as proprietary in accordance with law and regulation and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involve classified information.

(iv) "System" means the system that is the subject of this contract.

(v) "System Life" means all phases of the system's development, production, or support.

(vi) "Systems Engineering" means preparing specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design.

(vii) "Technical Direction" means developing work statements, determining parameters, directing other contractors' operations, or resolving technical controversies.

(2) Restrictions: The contractor shall perform systems engineering and/or technical direction but will not have overall contractual responsibility for the system's development, integration, assembly and checkout, or

Page - 18 production. The parties recognize that the contractor shall occupy a highly influential and responsible position in determining the system's basic concepts and supervising their execution by other contractors. The contractor's judgment and recommendations must be objective, impartial, and independent. To avoid the prospect of the contractor's judgment or recommendations being influenced by its own products or capabilities, it is agreed that the contractor is precluded for the life of the system from award of a DOC contract to supply the system or any of its major components, and from acting as a subcontractor or consultant to a DOC supplier for the system or any of its major components.

1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, 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 described herein, i.e., on a "need to know" basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection (a) to any person 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.

1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

1352.216-74 TASK ORDERS (APR 2010)

(a) In task order contracts, all work shall be initiated only by issuance of fully executed task orders issued by the Contracting Officer. The work to be performed under these orders must be within the scope of the 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 task order under the contract, the Contracting Office shall send a request for proposal to the contractor(s). The 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) The contractor shall submit a proposal defining the technical 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 task order. A formal modification to the task order must be issued by the Contracting Officer before any changes can be made.

(g) Task orders may be placed during the period of performance of the contract. Labor rates applicable to hours expended in performance of an order will be the contract rates that are in effect at the time the task order is issued.

(h) If multiple awards are made by the Government, the CO shall provide each awardee a fair opportunity to be considered for each task order over the micro-purchase threshold unless one of the exceptions at FAR 16.505(b) applies.

1352.228-70 INSURANCE COVERAGE (APR 2010)

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(a) Workers Compensation and Employer's Liability. The contractor is required to comply with applicable federal and state workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General liability.

(1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $0.00

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

1352.228-72 DEDUCTIBLES UNDER REQUIRED INSURANCE COVERAGE- FIXED PRICE

(APR 2010)

When the Government is injured, wholly or partially as a result of the contractor's actions and such actions are covered by the insurance required by 1352.228-70, Insurance Coverage, the Government is entitled to recover from the contractor the full amount of any such injury attributable to the contractor regardless of a deductible.

The Contracting Officer may offset the amount of recovery against any payment due to the contractor.

1352.231-71 DUPLICATION OF EFFORT (APR 2010)

The contractor hereby certifies that costs for work to be performed under this contract and any subcontracts hereunder are not duplicative of any costs charged against any other Government contract, subcontract, or other Government source. The contractor agrees to advise the Contracting Officer, in writing, of any other Government contract or subcontract it has performed or is performing which involves work directly related to the purpose of this contract. The contractor also certifies and agrees that any and all work performed under this contract shall be directly and exclusively for the use and benefit of the Government, and not incidental to any other work, pursuit, research, or purpose of the contractor, whose responsibility it will be to account for it accordingly.

1352.237-75 KEY PERSONNEL (APR 2010)

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

Program Manager Contracts Manager

(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

Page - 20 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.

H.3 OTHER CONTRACTS

The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees.

H.4 PROTECTION OF INFORMATION

(a) It is anticipated that in performance of this contract, the Contractor through its employees may have access to, or be in receipt of, certain confidential and proprietary information of Government Contractors, and/or data relating to DOC's plans, programs, technical requirements, budgetary matters, and such other information, the disclosure of which may give the Contractor a competitive advantage or be adverse to the interests of the Government. The Contractor shall not disclose such information acquired to anyone, other than the Government, including Contractor’s other employees, without the prior written consent of the Contracting Officer.

(b) To the extent that the work under this contract requires access to proprietary, business confidential, or financial data of other companies, and provided such data is marked “Proprietary and Confidential,” the Contractor shall protect such information from unauthorized use and disclosure and agrees not to use it to compete against such companies.

(c) For these purposes, “Proprietary and Confidential” information shall mean any information reasonably so designated that is not generally available to the public; but not information that becomes available on a non-confidential basis from another source, or was known to Contractor on a non-confidential basis prior to its disclosure to Contractor in the performance of this contract.

(d) The Contractor shall include the substance of this confidentiality agreement in all subcontracts and

Consultant agreements for performance of work under this contract unless excused in writing by the Contracting Officer.

H.5 ORGANIZATIONAL CONFLICT OF INTEREST AND LIMITATION ON FUTURE

CONTRACTING

Consistent with 1352.209-71, it is anticipated that Contractor personnel performing work under this order may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.), or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. Therefore, the Contractor is expressly prohibited from competing on all related work as a prime Contractor, Subcontractor or Consultant, during the performance of the contract and for a period of as defined in individual task orders.

H.6 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

(a) Interim and final evaluations of Contractor performance will be prepared on this contract in accordance with FAR 42.1502 and CAM 1342.15. The final performance evaluations will be prepared at the time of completion of work.

(b) The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The Contractor will be permitted 30 calendar days to respond unless an extension for an additional 30 days is requested in writing to the Contracting Officer. Contractor response is voluntary. If the Contractor does not respond within 30 days (60 days if extension is requested), the Government will presume that the

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Contractor has no comment. Any disagreement between the parties regarding an evaluation will be referred to an individual at a level above the Contracting Officer, whose decision is final.

(c) Copies of the evaluations, Contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

(d) The DOC utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS hosts a suite of web-enabled applications that are used to document Contractor performance information that is required by Federal Regulations.

(e) The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support. CPARS reference material can be accessed at http://www.cpars.gov/.

The registration process requires the Contractor to identify an individual that will serve as a primary contact.

This individual will be authorized access to the evaluation for review and comment. In addition, the Contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 30-day time period. After the DOC Contract Specialist registers the contract in CPARS, the Contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the Contractor with a User ID if the person does not already have a CPARS User ID.

(f) Once a performance evaluation has been prepared and is ready for comment, the Contractor representative will receive a system generated e-mail notification that the performance evaluation is electronically available for review and comment. The Contractor representative will receive an automated e-mail whenever an assessment is completed and can subsequently retrieve the completed assessment from CPARS. Contractors may access evaluations at http://www.cpars.gov/ for review and comment in CPARS.

H.7 CONTRACTOR PERSONNEL OUT-PROCESSING

Applicable to contracts that have or will have one or more of the following:

(a) Contractor Personnel (CP) working onsite in DOC facilities.

(b) CP who require DOC network access.

(c) CP who require access to sensitive information.

(d) CP who require access to DOC resources.

Contractor shall ensure that their personnel properly out-process DOC when leaving a position supporting DOC contract activities. The DOC Contracting Officer may withhold payment of pending invoices until CP are properly out-processed. All questions relating to out-processing should be directed to the COR or the Contracting Officer. At a minimum, the following must be accomplished by the Contractor prior to CP departure from DOC:

(a) Return ALL government property assigned to CP.

(b) Contact the DOC Service Desk at ITServiceDesk@doc.gov, or designated Bureau Help Desk, for removal of DOC network access privileges, computer accounts, and authentication tokens, such as network accounts in Active Directory, Virtual Private Network, and Shared-drive access. The COR will provide quality assurance of these activities.

(c) Turn in DOC identification card to the COR.

H.8 ELECTRONIC AND INFORMATION TECHNOLOGY

In addition to the work requirements specified in this statement of work, vendors must ensure that all electronic documents that they prepare will meet the requirements of Section 508 of the Rehabilitation Act.

The act requires that all electronic products prepared for the Federal Government be accessible to persons with…