Sol_140A2321R0010_Amd_0002.pdf

(x)

140A2321R0010 x x

1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR

OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

A23

Albuquerque NM 87104 Suite 352A 1011 Indian School Rd.

Indian Education Acquisition Office

04/21/20210002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

04/21/2021

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The Bureau of Indian Education (BIE) requires Science Assessments beginning school year

2021/2022.

The purpose of Amendment 0002 is to incorporate the changes from the Questions and Answers.

Period of Performance: 07/15/2021 to 07/14/2026

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Ryan Geffre

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Solicitation # 140A2321R0010 A0002 BIE Science Assessment

Table of Contents A. SF1449 Continuation

A.1 Solicitation Type

A.2 Contract Type

Section B - Supplies or services and prices/costs

B.1 Pricing Schedule

B.2 Pricing Summary

B.3 Place of Performance

B.4 Travel

B.5 Non-Personal Services

Section C - Description/Specifications/Statement of Objective

C.1 Statement of Work (SOW) See Attachment 2

Section D - Packaging and Marking

Section E - Inspection and Acceptance

E.1 Authorized Representative for Inspection and Acceptance

E.2 Correspondence

E.3 Points of Contact

E.4 Permits and Licenses

E.5 Confidentiality

Section F - Deliveries or Performance

F.1 Period of Performance

F.2 Exercise of Options

Section G - Contract Administration Data

G.1 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013)

G.2 Federal Holidays

G.3 Reporting Matters Involving Fraud, Mismanagement, Waste and Abuse

G.4 52.232-18 Availability of Funds (Apr 1984)

H.1 Contractor Identification

H.2 Policies and Guidance

H.3 Key Personnel

H.4 Personnel Performance and Replacement

H.5 Security Requirements

H.6 Use of Government Computer System

H.7 Dissemination of Contract Performance Information

H.8 Mandatory Requirement for Contractor Return of all DOI-Owned and Leased Computing and Information Storage Equipment

H.9 Disclosure of Information

H.10 Non-Personal Services and Inherently Governmental Functions

H.11 Personal Conflicts of Interest and Procurement Integrity

Section I – Contract Clauses

I.6 Custom Clauses

Section J – List of Attachments

Section K - Representations, Certifications, and Other Statements of Offerors or Respondents

K.1 52.212-3 Offeror Representations and Certifications-Commercial Items (NOV 2020)

Section L - Instructions, Conditions, and Notices to Offerors or Respondents

L.1 FAR 52.212-1 Instructions to Offerors-Commercial Items (Oct 2018)

L.2 Addendum to FAR 52.212-1

Section M - Evaluation Factors for Award

M.1 52.212-2 Evaluation-Commercial Items (Oct 2014)

M.2 Evaluation of Proposals

A. SF1449 Continuation

A.1 Solicitation Type

This requirement is being solicited in accordance with Federal Acquisition Regulation (FAR) Part 12, Acquisition of Commercial Items and Part 15, Contracting by Negotiation. The Government does not intend to enter into discussions with offerors, but reserves the right to do so, if deemed necessary. Proposals will be evaluated in accordance with FAR 15.101-1, Tradeoff Process.

A.2 Contract Type

The Government will award one (1) hybrid contract that will have both Firm Fixed Price (FFP) and Time and Material (T&M) CLINs for a base period of performance with four (4) additional option periods. Additionally, within each year of performance there will be designated base service and optional services.

Section B - Supplies or services and prices/costs

B.1 Pricing Schedule

Offerors shall provide pricing for each of the requirements listed in Attachment 1 – Pricing Schedule. Failure to complete Attachment 1 in its entirety may result in the Offeror being deemed unacceptable and not considered for award.

B.2 Pricing Summary

The Contractor shall provide a pricing summary as a part of their proposal. This summary includes the following information:

1. Overview of FFP price items 01-06 as identified on Attachment 1;

2. Specific labor categories and the corresponding fully burdened labor rates for pricing items 07-09 in the not to exceed number of hours specified on the pricing schedule;

a. Fully burdened hourly labor rates are inclusive of profit, fringe benefits, salary, general and administrative, and indirect costs;

3. Anticipated material costs that would fall under price item 10.

All pricing for all CLINs must be inclusive of all taxes and fees per FAR 52.212-4(k).

Note:

1. Pricing for training for the onsite workshops must be inclusive of all travel associated costs;

2. All miscellaneous expenses that do not fall directly under the pricing structure provided, shall be included in price item 01. It is the contractors complete responsibility to identify all costs associated with successful performance under this opportunity.

B.3 Place of Performance

The primary place of performance for this contract is the Contractor’s location with travel as required. The Wage Rate Determination will be attached upon award for the Contractor’s location.

B.4 Travel

If travel is required to a location that is over fifty (50) miles one-way from the place of performance, then allowable direct reimbursable travel charges may be invoiced in accordance with the current Federal Travel Regulations. Fee, profit, or general and administrative fee will not be allowable on travel expenses.

All reimbursable travel must be submitted to and approved in writing in advance by the Contracting Officer’s Representative (COR). Requests for travel shall include at a minimum:

a. Name and title of traveler

b. Purpose of travel

c. Dates of travel

d. To/From Locations

e. Mode of transportation

f. Estimated total travel costs broken down by transportation, lodging, meals & incidentals

Travel cost incurred for transportation, lodging, meals, and incidental expenses (as defined in the regulation cited in FAR 31.205-46) shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulation.

The Contractor may be reimbursed for travel to provide support at a Government site or other site as may be specified and approved by the COR under this effort. All travel shall be preapproved in writing by the COR prior to commencement of travel. Consultant shall provide supporting documentation and a detailed breakdown of incurred travel costs with each invoice.

B.5 Non-Personal Services

This contract is a non-personal services contract, under which the contractor is an independent contractor. The Government may evaluate the quality of professional services provided. The Contractor is required to indemnify the Government for any liability producing act or omission by the Contractor, its employees and agents occurring during contract performance. The Contractor shall maintain medical liability insurance, which is not less than the amount normally prevailing within the local community for the specialty concerned.

Section C - Description/Specifications/Statement of Objective

C.1 Statement of Work (SOW) See Attachment 2

Section D - Packaging and Marking

Specific submission requirements for reports and scoring will be provided by the COR.

All pre-award written and electronic correspondences shall include the solicitation number:

140A2321R0010

All post-award written and electronic correspondences, invoices, and all other documents shall include the master award number.

Contract Number: 140A2321CXXXX (To be added post award)

Section E - Inspection and Acceptance

E.1 Authorized Representative for Inspection and Acceptance

Services to be inspected and accepted by the authorized Government Contracting Officer’s Representative (COR).

E.2 Correspondence

To promote timely and effective administration, correspondence shall be subject to the following procedures:

a) Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the Contracting Officer’s Representative (COR) with an information copy to the Contracting Officer (CO) and the Contract Administrator (CA).

b) All other correspondence, including invoices, (that which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this SOW) shall be addressed to the Contracting Officer with an information copy to the COR.

E.3 Points of Contact

Contracting Officer’s Representative (COR)

a) The Contracting Officer’s authorized technical representative, for this effort is as follows:

*Will be provided at contract award.

b) The COR is the individual within the Program Management function who has overall technical responsibility for this effort. The COR supports the Contracting Officer (CO) and Contract Specialist (CS) during administration of this effort by:

1) Making final decisions regarding any recommended rejection of deliverables;

2) Providing technical clarification relative to overall workload matters;

3) Providing advice and guidance to the Contractor in the preparation of deliverables and services;

4) Providing acceptance of deliverable products to assure compliance with requirements.

c) The COR also provide technical direction to the Contractor, i.e., shifting work emphasis between areas of work; fills in details, or otherwise serves to accomplish the purposes of this effort. Technical direction shall be within the general statement of work for this effort. The COR does NOT have the authority to and may NOT issue any technical direction which:

1) Constitutes an assignment of work outside the general scope of this effort;

2) Constitutes a change as defined in the “Changes” clause;

3) In any way causes an increase or decrease in cost or the time required for performance;

4) Changes any of the terms, conditions, or other requirements of this effort; and

5) Suspends or terminates any portion of this effort.

d) All technical direction shall be issued in writing by the COR or will be confirmed by the

COR in writing within 10 calendar days after verbal issuance. A copy of the written direction shall be furnished to the CO and the CS.

e) In addition to providing technical direction, the COR will:

1) Monitor the Contractor’s technical progress, including surveillance and assessment of performance, and recommend to the CO and CS, any changes in the requirement;

2) Assist the Contractor in the resolution of technical problems encountered during performance; and

3) Perform inspection and acceptance or recommendation for rejection of Contractor deliverables and identify deficiencies in delivered items. This does not replace any other quality assurance inspection requirements that are specified elsewhere within this SOW.

f) If in the opinion of the Contractor, any instruction or direction issued by the COR is outside of their specific authority, the Contractor shall not proceed but shall notify the CO in writing within 5 working days after receipt of any instruction or direction, with an informational copy to the CS.

Contracting Officer

a) All contract questions and concerns will be directed to the Government Contracting Officer (CO). The Government CO is the only individual with the authority to financially obligate the government and to make changes to original terms and conditions of this contract

The Contractor is responsible for notifying the contracting officer of any potential issues or concerns – technical, scope or financial, concerning this contract.

The Contracting Officer (CO) for this effort is as follows:

Bureau of Indian Affairs (BIA)

Attention: Ryan Geffre Email: ryan.geffre@bie.edu

Contract Administration

a) The Contract Specialist (CS) for this effort is as follows:

Bureau of Indian Education (BIE) Attention: Nicole Rahmer, Contractor, Stafford Consulting Email: Nicole.rahmer@bia.gov

E.4 Permits and Licenses

In performance of work under the contract, the Contractor must, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work.

E.5 Confidentiality

All information regarding the procedures developed under this contract must be regarded as sensitive information by the Contractor and not to be disclosed to anyone outside the Contractor’s organization without the written permission of the Contracting Officer.

Section F - Deliveries or Performance

F.1 Period of Performance

In is anticipated that the period of performance for the base period and each option period will be as follows (dates subject to change based on date of award):

Base Period: July 15, 2021 – September 30, 2022 Option Period 1: July 15, 2022 – September 30, 2023 Option Period 2: July 15, 2023 – September 30, 2024 Option Period 3: July 15, 2024 – September 30, 2025 Option Period 4: July 15, 2025 – July 14, 2026

F.2 Exercise of Options

When deciding whether to exercise the option, the DOI, BIE, CO will consider the quality of the Contractor’s performance under this contract, as well as requirements specified at FAR 17.207 Exercise of Options. Option periods to extend the contract may be exercised in accordance FAR 52.217-9. Optional services within each year will be exercised utilizing FAR clause 52.212-4(c).

Section G - Contract Administration Data

All invoices shall be submitted via https://www.ipp.gov on a bi-weekly basis.

G.1 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

- A copy of the contractor’s invoice shall be included with the IPP invoice. If no invoice is attached, the Invoice will be rejected;

- List of deliverables;

- Timesheet - Number of hours worked with corresponding labor category and rate information;

- Any additional information requested at the Individual Task Order level.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

G.2 Federal Holidays

Unless otherwise notified in writing by the CO or COR, no services will be required on the following list of observed federal holidays:

• New Year’s Day - (January 1st)

• Martin Luther King’s Birthday - (3rd Monday in January)

• President’s Day - (3rd Monday in February)

• Memorial Day - (Last Monday in May)

• Independence Day - (July 4th) https://www.ipp.gov/

• Labor Day - (First Monday in September)

• Columbus Day - (2nd Monday in October)

• Veterans Day - (November 11th)

• Thanksgiving Day - (4th Thursday in November)

• Christmas Day - (December 25th)

The Contractor shall observe Inauguration Day as a holiday for Washington DC based Contractor employees. Federal Agencies in the Washington DC metro area are closed on Inauguration Day. However, Inauguration Day is not observed outside of the Washington DC area and Contractor employees in those areas should report to their established duty station.

NOTE: If a Public Holiday (observed on a specific calendar date) occurs on a Saturday, the holiday is observed on the preceding Friday; if the holiday occurs on Sunday, the holiday is observed by the Federal Government on Monday.

If Government facilities are closed nationwide or in specific locations for other than listed holidays by direction of the U.S. Office of Personnel Management, the Office of Management and Budget, Executive Order of the President or other Official Government entity, Contractor staff shall not report to Government facilities (except for positions designated as 24/7). If Government offices close early and federal employees are dismissed, the COR in consultation with the Program Managers and/or the Contracting Officer will make a determination on a case by case basis regarding dismissal of Contractor employees.

G.3 Reporting Matters Involving Fraud, Mismanagement, Waste and Abuse

Anyone who becomes aware of the existence or apparent existence of fraud, waste and abuse in BIA funded programs is encouraged to report such matters to the DOI Inspector General’s Office in writing or on the Inspector General’s Hotline. The toll free number is 1-800-424-5081. All telephone calls will be handled confidentially. One may also fill out an online form at http://www.doi.gov/oig/index.cfm. Additionally, the IG may be contacted through its mailing address:

U.S. Department of the Interior Office of Inspector General 1849 C Street NW - Mail Stop 4428 Washington, D.C. 20240

G.4 52.232-18 Availability of Funds (Apr 1984)

Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

Section H – Special Contract Requirements

H.1 Contractor Identification

Each contract employee shall identify themselves as a Contractor under this contract both orally and in writing. All Contractor emails (to include the emails from the Government account) and all other written correspondences, shall state the following in their signature line:

• The name of the company that they are employed by.

• Clearly identify themselves as a contract employee by stating “Government Contractor.”

The above identification requirement also applies to the following:

• Voicemails

• Placards

• Office Name Plates

• Any material produced under this contract, if a name of a Contractor is provided within.

Under no circumstance shall the Contractor state or imply that they are acting on behalf of the Government.

H.2 Policies and Guidance

All work performed by the Contractor must adhere to the policies and guidance in the following manuals:

Federal Policies and Regulations Website

OMB Circular A-130, Management of Federal Information Resources https://www.whitehouse.gov/omb/information-for-agencies/circulars/#numerical

OMB Circular A-123, Internal Control Systems https://www.whitehouse.gov/omb/information-for-agencies/circulars/#numerical

OMB Circular A-127, Revised Financial Management Systems https://www.whitehouse.gov/omb/information-for-agencies/circulars/#numerical

Federal Electronic Mail, Federal Information Processing Standards, Threats & Vulnerabilities http://www.nist.gov/computer-security-portal.cfm

FY 2004 Reporting Instructions for the Federal Information Security Management Act http://www.whitehouse.gov/sites/default/files/o mb/assets/omb/memoranda/fy04/m04-25.pdf

Section 508 Compliance https://www.section508.gov/

Privacy Act Policies https://www.whitehouse.gov/wp-content/uploads/2017/11/2001-M-01-05-http://www.nist.gov/computer-security-portal.cfm http://www.nist.gov/computer-security-portal.cfm http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy04/m04-25.pdf http://www.whitehouse.gov/sites/default/files/omb/assets/omb/memoranda/fy04/m04-25.pdf

Guidance-on-Inter-Agency-Sharing-of-Personal- Data-Protecting-Personal-Privacy.pdf

The Computer Security Act of 1987 http://www.csrc.nist.gov/csspab/csa_87.txt

Indian Affairs Policies and Procedures

Website

Departmental Manual, 375 DM 19 https://www.doi.gov/elips/browse

Acceptable Use Policy http://www.doi.gov/ethics/docs/internet.html

Network Account Password Policy http://www.bia.gov/cs/groups/public/documents/ text/idc-000473.pdf

Media Protection Policy https://www.bia.gov/sites/bia.gov/files/assets/pu blic/raca/manual/pdf/idc-000474.pdf

Portable Device User Policy http://www.bia.gov/cs/groups/public/documents/ text/idc-000475.pdf

Personal user of Government Resources Policy http://www.bia.gov/cs/groups/public/documents/ text/idc-000476.pdf

Help Desk Use Policy http://www.bia.gov/cs/groups/public/documents/ text/idc-000477.pdf

Email User Policy http://www.bia.gov/cs/groups/public/documents/ text/idc-000478.pdf

Internet User Policy http://www.bia.gov/cs/groups/public/documents/ text/idc-000479.pdf

Remote Access http://www.bia.gov/cs/groups/xraca/documents/t ext/idc009154.pdf

National Institute of Standards and Technology (NIST) Guidelines

Website

SP 800-37: Guide for Applying the Risk Management Framework to Federal Information Systems: A Security Life Cycle Approach https://csrc.nist.gov/publications/sp

SP 800-44: Guidelines on Securing Public Web Servers https://csrc.nist.gov/publications/sp http://www.csrc.nist.gov/csspab/csa_87.txt http://www.doi.gov/ethics/docs/internet.html http://www.bia.gov/cs/groups/public/documents/text/idc-000473.pdf http://www.bia.gov/cs/groups/public/documents/text/idc-000473.pdf http://www.bia.gov/cs/groups/public/documents/text/idc-000475.pdf http://www.bia.gov/cs/groups/public/documents/text/idc-000475.pdf http://www.bia.gov/cs/groups/public/documents/text/idc-000476.pdf http://www.bia.gov/cs/groups/public/documents/text/idc-000476.pdf http://www.bia.gov/cs/groups/public/documents/text/idc-000477.pdf http://www.bia.gov/cs/groups/public/documents/text/idc-000477.pdf http://www.bia.gov/cs/groups/public/documents/text/idc-000478.pdf http://www.bia.gov/cs/groups/public/documents/text/idc-000478.pdf http://www.bia.gov/cs/groups/public/documents/text/idc-000479.pdf http://www.bia.gov/cs/groups/public/documents/text/idc-000479.pdf http://www.bia.gov/cs/groups/xraca/documents/text/idc009154.pdf http://www.bia.gov/cs/groups/xraca/documents/text/idc009154.pdf

SP 800-47: Security Guide for Interconnecting Information Technology Systems https://csrc.nist.gov/publications/sp

SP 800-53: Recommended Security Controls for Federal Information Systems and Organizations https://csrc.nist.gov/publications/sp

The Government reserves the right to add to, change and or remove any of policies listed.

H.3 Key Personnel

Certain skilled, experienced, professional and technical personnel are essential for accomplishing the work under this contract. These individuals are defined as "Key Personnel" and are those persons whose resumes were submitted and marked by the vendor as "Key Personnel" in response to the positions designated as “Key Personnel” within the Task Order requirements.

During the first six (6) months of performance, no substitutions shall be made of accepted key personnel except for sudden illness or death, or termination of employment. The Government shall accept substitutions only if in compliance with the “Substitution of Key Personnel" provision identified below.

All Contractor requests for approval of substitutions hereunder shall be submitted in writing to the COR and the Contracting Officer at least thirty (30) calendar days in advance of the effective date, whenever possible, and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information requested by the Contracting Officer necessary to approve or disapprove the proposed substitution. Proposed substitutes should have comparable qualifications to those of the person(s) being replaced. The COR and the Contracting Officer will evaluate such requests and promptly notify the Contractor of approval or disapproval in writing.

If the Government agrees to the substitution during the first six (6) months of this contract, the replacement personnel shall sign a letter of commitment to cover the difference of the six month period, as required under this contract.

H.4 Personnel Performance and Replacement

The Government reserves the right to evaluate the technical skills of all individuals assigned to this effort and to request a replacement if such is deemed necessary by the Government. The Government reserves the right to accept or reject any proposed individual with written notification to the Contractor.

The Government reserves the right to assess the qualifications and acceptability of any individual proposed by the Contractor for any position and may require the Contractor to replace an individual whose qualifications and suitability are judged deficient with written notification.

The Government reserves the right to evaluate the technical skill and competence of the individual and to require the individual’s replacement if the individual’s qualifications or performance are judged deficient at any time with written notification

Indian Affairs shall have and exercise complete control over granting, denying, suspending, and removing employment suitability clearances for Contractor employees and prospective Contractor employees. If the Government receives an unsuitable report on any Contractor employee after processing his or her forms, or finds a prospective Contractor employee unsuitable or unfit for his or her assigned duties, the COR will advise the Contractor that the employee shall be considered ineligible for contract performance.

Where temporary favorable suitability determinations have been granted, the Government Contracting Officer may request the Contractor to immediately remove any contract employee from the contract who has failed to receive a favorable suitability determination, whose continued employment is deemed contrary to the public interest, inconsistent with the best interests of security, or is identified as a potential threat to the health, safety, security, general well-being or operational mission of the agencies, bureaus, and its population. The Contracting Officer may also request the Contractor to immediately remove any contract employee from the contract should it be determined that the individual being assigned to duty has been disqualified for suitability reasons, or has been found to be unfit for performing duties during their tour(s) of duty.

For temporary and/or permanent replacement of personnel, the Contractor shall provide a resume for each individual to the Contracting Officer's Technical Representative (COR or Federal Project Officer) of any changes in personnel assignment at least two weeks (or as mutually agreed upon) prior to making any personnel changes, prior to that individual’s reporting for work on this effort. The Contractor will afford the Government the opportunity to interview the replacement candidate, if requested. Also, the Contractor personnel must submit necessary information to be issued a clearance prior to reporting for performance.

Contractor personnel under this contract shall not be: (1) Placed in a position where they are under the supervision or evaluation of a Government employee; and (2) Placed in a position of command, supervision, administration or control over Government personnel, or personnel of other Contractors. Given the nature of the contract requirements and the working environment, it may be necessary for Government and Contractor personnel to work as a team to accomplish work objectives, share knowledge, and work in a mutually supportive role. This should be accomplished while preserving the non-personal services nature of the contract. The operational need to work in concert should be accomplished in a manner consistent with preserving the management responsibilities of the Contractor. Working in a team environment, may require the Government to provide collaboration among the contract personnel which will require work direction from the Government. Work direction means a communication to Contractor personnel that directs or approves approaches, documents, presentations, or refinements to work; fills in details or otherwise completes the general description of work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instructions to Contractor personnel.

Work direction includes requiring analyses and development of other products within the scope of work for the contract.

The Contractor is at all times responsible for the quality of Contractor personnel work. It is the direct responsibility of the Contractor to perform all tasks normally associated with an employer-employee relationship, e.g., completing timecards, resolving quality of work issues, ensuring high motivation and morale, and resolving Government-identified Contractor performance concerns. To ensure effective and efficient services, the Contractor supervisory personnel need to establish and maintain work procedures that facilitate close and continuous coordination with agency Contracting Officers, Contracting Officer Technical Representatives (CORs), and other program management personnel. The Contractor supervision of Contractor personnel must also reflect the need to sustain a high-performing, highly motivated, and responsive team. The Contractor shall ensure that all Contractor personnel are adequately trained, possess the requisite experience, and are otherwise fully qualified to provide the high level of support required by agency prior to being assigned to this contract.

H.5 Security Requirements

All Contractor personnel will be required to successfully pass a minimum background investigation for any requirement performed under the contract and all Contractor personnel shall comply with Federal laws, regulations, standards, regarding information and information system security. All security requirements and clauses included in the contract will also be applicable and flow down to any subcontracts. Security clearance consists of the DOI background check, taking the Federal Information Systems Security Awareness Training (FISSA) training and obtaining a security card.

H.6 Use of Government Computer System

All personnel accessing the Government computer systems can expect their computer activities to be monitored. There should be no reasonable expectation of privacy in the use of any Department of the Interior system. The following notice is posted and provided to each individual upon entry into the IA computer system:

“THIS IS A NOTICE OF MONITORING OF DEPARTMENT OF THE INTERIOR

INFORMATION SYSTEMS. This system and all related equipment may be used only for official US Government business and limited personal use authorized in the Department of the Interior Policy on Limited Personal Use of Government Office Equipment. Notwithstanding this or any other policy guidance, this system may not be connected to the Internet, in any way, unless authorized by the Office of the Secretary. Unauthorized use of this computer system will subject you to disciplinary action or other penalties. Use of this system constitutes consent to monitoring for this purpose.”

Property Rights – IA will own the intellectual property rights to any software developed on its behalf and will retain the right to use, modify, reproduce, perform, display, release, or disclose the data in whole or in part for any purpose, or to have or authorize others to do so. Generally, FAR 52.227-14, Rights in Data-General, and its alternates will be used in the contract. However, deviation from this policy may be necessary as circumstances warrant.

IA data may not be removed from premises without COR written authorization.

The Contractor shall not be allowed to keep any IA Trust Data or copies of Trust Data, reports (draft or final copies). At the time of completion of the project, the Contractor will return electronic and hard copy data and documents which the Contractor created under this Service Contract.

H.7 Dissemination of Contract Performance Information

The Contractor must not publish, permit to be published, or distribute for public consumption, any information, oral or written, concerning the results or conclusions made pursuant to the performance of this contract, without the prior written consent of the Contracting Officer. Two copies of any material proposed to be published or distributed must be submitted to the Contracting Officer for approval.

H.8 Mandatory Requirement for Contractor Return of all DOI-Owned and Leased Computing and Information Storage Equipment

(a) Within sixty (60) days after the end of the contract performance period or after the contract is suspended or terminated by DOI or by the Contractor for any reason; or within a time period approved by DOI, the Contractor must return all DOI-owned and leased computing and information storage equipment.

(b) Within seventy-five (75) days after the end of the contract performance period or after the contract is suspended or terminated by DOI or the Contractor for any reason, the Contractor must provide DOI with Certification of Verified Return of all DOI-Owned and Leased Computing and Information Storage Equipment. This certification must be provided by a third-party firm approved by DOI in advance. All costs and resource allocations required for this third-party service must be the sole responsibility of the Contractor.

H.9 Disclosure of Information

Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer

If the Contractor is uncertain about the availability or proposed use of information provided for the performance or administration, the Contractor shall consult with the COR regarding use of that information for other purposes.

The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each offeror or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.

The Contractor assumes responsibility for maintaining knowledge of and compliance with all

Federal, state, and local laws, policies, and procedures regarding data confidentiality and privacy, such as the Federal Education Rights to Privacy Act.

All Contractor employees shall sign and submit a copy of the Non-Disclosure Agreement. The Non-Disclosure agreement that will be required to be signed will be provided after award.

The details of any security safeguards that the Contractor may design or develop under this contract are the property of the Government and shall not be published or disclosed in any manner without the Contracting Officer’s written consent. Likewise, the details of any security safeguards that may be revealed to the Contractor by the Government in the course of performances under this contract shall not be published or disclosed in any manner without the Contracting Officer’s written consent. Any information made available in any format shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such materials shall not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. Disclosure to anyone other than an authorized officer or employee of the Contractor shall require written approval of the Contracting Officer.

Any information with personal identifiers shall be accounted for upon receipt and properly stored before, during and after processing. In addition, all related output shall be given the same level of protection as required for source materials.

The Contractor shall be held liable for any and all damages resulting from any inappropriate disclosure of information/data by its employees or via any system used by the Contractor.

Should the Contractor become aware of the need for additional safeguards, the Contractor must immediately notify the COR.

H.10 Non-Personal Services and Inherently Governmental Functions

Pursuant to FAR 37.1, no personal services shall be performed under this SOW. All work requirements shall flow only from the COR to the Contractor Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable Contractor supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

Pursuant to FAR 7.5, the Contractor shall not perform any inherently governmental actions under this SOW. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this SOW, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this SOW, the Contractor employee shall state that they have no authority to in any way change this SOW and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the

Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall insure that all of its employees working on this SOW are informed of the substance of this article. Nothing in this article shall limit the Government’s rights in any way under the other provisions of this SOW, including those related to the Government’s right to inspect and accept the services to be performed under this SOW. The substance of this article shall be included in all subcontracts at any tier.

H.11 Personal Conflicts of Interest and Procurement Integrity

The Contractor shall ensure that all personnel assigned to the contract sign permanent non-disclosure agreements and procurement integrity certifications as required by the Contracting Officer. All personnel assigned any resulting task(s) shall immediately notify the Contracting Officer in writing of any potential conflicts of interest that may be perceived through their performance on the resulting task(s). The Contracting Officer will determine if the particular individual or group of individuals will be excluded from any task(s). In the event such a determination is made, the Contracting Officer will provide immediate oral notification (followed by written notification within five calendar days thereafter) of the individuals and the situation that precludes their performance under the resulting task(s). The Contractor shall immediately (within five calendar days after receipt of oral notification) remove the individual(s) from the task(s) and identify their replacement. Potential organization conflicts of interest issues shall be carefully scrutinized and dealt with in accordance with FAR 9.5 “Organizational and Consultant conflicts of Interest”.

Section I – Contract Clauses

ALL FEDERAL ACQUISITION REGULATION (FAR) and DEPARTMENT OF THE

INTERIOR ACQUISITION REGULATION SUPPLEMENT (DIARS) CLAUSES AND

PROVISIONS HEREIN ARE UPDATED AND EFFECTIVE AS OF FEDERAL

ACQUISITION CIRCULAR (FAC) 2021-05, DATED 3/10/2021

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/browse/index/far

FAR Clauses Incorporated By Reference 52.202-1 Definitions Jun 2020 52.203-5 Covenant Against Contingent Fees May 2014 52.203-7 Anti-Kickback Procedures Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

Jun 2020

52.204-2 Security Requirements Aug 1996 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020

52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

52.212-4 Contract Terms and Conditions-Commercial Items, ALT I Jan 2017 52.232-1 Payments Apr 1984 52.232-23 Assignment of Claims May 2014 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-1 Disputes May 2014 52.233-3 Protest after Award Aug 1996 52.233-3 Alternate I Jun 1985 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.244-6 Subcontracts for Commercial Items Nov 2020

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall https://www.acquisition.gov/browse/index/far return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

1. When no longer needed for contract performance.

2. Upon completion of the Contractor employee’s employment.

3. Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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)).

https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(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:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), 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 (JUN 2020) (41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (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).

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

__ (12) https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14…