140D8020Q0014 - Amendment 0001_0001.docx
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- Wildland Fire Learning Portal User Training Servic Federal contract opportunity
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- 140D8020Q0014
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| Questions and Answers_0001.docx | DOCX document | |
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| 140D8020Q0014 - RFQ Learning Portal Services.pdf | ||
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Wildland Fire Learning Portal User Training Services
RFQ Number 140D8020Q0014
Department of the Interior, Interior Business Center, Acquisition Services Directorate, on behalf of the Office of Wildland Fire
Table of Contents
| SECTION A – CONTRACTOR QUOTE SUMMARY AND PRICE SCHEDULE | 3 |
| SECTION B – PERFORMANCE WORK STATEMENT | 4 |
| SECTION C – CLAUSES | 10 |
| SECTION D – PROVISIONS | 17 |
| SECTION E – QUOTE PREPARATION INSTRUCTIONS | 42 |
| SECTION F – INSTRUCTIONS TO OFFERORS | 44 |
Wildland Fire Learning Portal User Training Services
SECTION A – CONTRACTOR QUOTE SUMMARY AND PRICE SCHEDULE
CONTRACTOR QUOTE SUMMARY:
| DUNS Number: |
| Business Size: |
| Contract Period of Performance: One Year Base Period, Plus one Option Period of One Year |
| Base Period: 11/01/2020 - 10/31/2021 |
Option Period One: 11/01/2021 – 10/31/2022
Contractor Name:
Contractor Address:
Website:
CONTACT INFORMATION Contractor Point of Contact (POC) Name – Phone – Email
CONTACT INFORMATION Contractor Alternate POC Name – Phone – Email
PRICE SCHEDULE:
| LINE ITEM |
| DESCRIPTION |
| ESTIMATED HOURS |
| UNIT |
| RATE |
| EXTENDED AMOUNT |
| 00010 |
| BASE YEAR—Time and Materials -11/01/2020 - 10/31/2021 |
Labor Category One: (Add Labor Category / Position Title here)
| 936 |
| Hour |
| $ |
| $ |
Labor Category Two: (Add Labor Category / Position Title here)
| 364 |
| Hour |
| $ |
| $ |
| TOTAL BASE YEAR PRICE (NOT TO EXCEED) |
| $ |
| LINE ITEM |
| DESCRIPTION |
| ESTIMATED HOURS |
| UNIT |
| RATE |
| EXTENDED AMOUNT |
| 00020 |
| OPTION YEAR ONE—Time and Materials -11/01/2021 – 10/31/2022 |
Labor Category One: (Add Labor Category / Position Title here)
| 936 |
| Hour |
| $ |
| $ |
Labor Category Two: (Add Labor Category / Position Title here)
| 364 |
| Hour |
| $ |
| $ |
| TOTAL OPTION YEAR ONE PRICE (NOT TO EXCEED) |
| $ |
| TOTAL PRICE – BASE PERIOD PLUS OPTION PERIOD ONE (NOT TO EXCEED) |
| $ |
SECTION B – PERFORMANCE WORK STATEMENT
B1 INTRODUCTION
On behalf of the Secretary of the Interior, the Office of Wildland Fire (OWF), U.S. Department of the Interior (DOI) oversees a Wildland Fire Management Program spanning multiple bureaus that manage over 535 million acres of public and Tribal lands, including: the Bureau of Indian Affairs, the Bureau of Land Management, the National Park Service, and the U.S. Fish and Wildlife Service.
Within the OWF, the Wildland Fire Information Technology (WFIT) program office is responsible for the Wildland Fire Learning Portal (Learning Portal) project. The Learning Portal is an enterprise Learning Management System (LMS) that supports the national inter-agency wildland fire education and training community.
B2 BACKGROUND
In November 2017, a stakeholder team with representatives from throughout the wildland fire education and training community was formed to establish functional requirements, research off-the-shelf commercial and open source LMS solutions, evaluate candidate solutions, and select a solution to recommend to WFIT governance executives.
On November 14, 2018, WFIT governance approved the recommended selection of Totara, an open source application, for the Learning Management System. The new system was named the Wildland Fire Learning Portal. The Learning Portal is a managed services contract.
The Government uses an instance of Totara Learn Version 12 that is hosted and maintained by an external provider. Compared to the previous fractionated approach to wildland fire education and training, the Learning Portal reduces inefficiencies, decreases costs, and enhances availability of key training analytics.
B3 SCOPE
The scope of this procurement is to develop and deliver training services required to provide users with the knowledge to access and fully utilize the capabilities of the Learning Portal.
B4 GENERAL REQUIREMENTS
Work is to be performed on an as-needed basis when users require training in accessing or using the Learning Portal and its capabilities. The user training may be developed and delivered via a variety of methods including, but not limited to: one-on-one phone, email, or webinar tutoring sessions; pre-recorded screen animation videos; job aid documents; group webinar sessions, or traditional classroom instruction.
The Government anticipates the level of effort to be approximately 25 hours per week. This is not a guarantee of minimum hours per week, but an estimate based on projected requests for user training to be received during this time. The current learning management system is based on the Totara Learn Version 12 application platform.
The Contractor shall attend team meetings (via phone and web conferencing) once per week, for up to one (1) hour, to review user training requirements, provide input on accomplishing the development or delivery of training, review trends in user support requests, and to report on status of user training efforts.
The Contractor may be asked to record training delivered via webinar or using screen recording software provided by the Government.
Contractor shall have completed all courses within the Totara Learn Site Administrator Program for Totara Learn 12. Any new courses offered by the Totara Learn Site Administrator Program for Totara Learn 12 shall be completed within one month of the course being offered by Totara.
B5 DELIVERABLES
5.1 The Contractor shall provide all work products and original files created in order to provide the user training services. This includes, but is not limited to, original MS Word or MS PowerPoint files used to create job aids or webinar training sessions. All work products shall be delivered to the COR as work requests are completed.
5.2 The Contractor shall submit a weekly report to the COR that summarizes the support requests and work performed during that week, along with the number of hours/level of effort required. This report will be used for training management and to support contractor’s invoices. The Government will provide an example spreadsheet for report format. The Government shall have 3 business days to review the weekly report and confirm the services rendered met the training support requested.
5.3 The Contractor shall use existing documentation for Totara Learn Version 12 to provide user training on how to access or use the software application. When appropriate, the Contractor shall create job aids, recorded screencasts, training presentations, or other documents to train users on how to use the Learning Portal. Upon approval by the COR, the Contractor shall post training job aids and documents to the Learning Portal in accordance with Government furnished guidance on where to post the files.
B6 CONTRACT TYPE
The Government intends to award a Time and Materials based contract for weekly on-call work as identified by user Learning Portal training support requests.
B7 PLACE OF PERFORMANCE
The work shall be performed at a location provided by the Contractor. The Contractor may choose to attend team meetings in person, but it is not required. Team meetings are at OWF Boise Office, 1387 S Vinnell Way, Suite 223, Boise, ID 83709.
B8 PERIOD OF PERFORMANCE
The estimated period of performance will be two (2) years, to include a base period of one (1) year, plus one (1) option period of one (1) year, as follows:
| Base Period: | 11/01/2020 – 10/31/2021 | |
| Option Period One: | 11/01/2021 – 10/31/2022 |
B9 PRIVACY ACT
Work on this project may require that personnel have access to Privacy Information. Contractor personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.
B10 CONTRACTOR PERSONNEL
Contractor Requirements include:
10.1 The Contractor shall not employ any person who is an employee of the U.S. Government if employing that person would create a conflict of interest. Any such instance must be brought to the attention of the Contracting Officer and COR.
10.2 The Contractor shall be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this effort. The Contractor shall provide necessary and sufficient personnel to accomplish all the services within the timeframes specified in this contract. Contractor personnel shall be trained, qualified, and certified under the requirements specified in this contract, and be given full knowledge of the requirements of this contract before starting work. The Contractor’s management responsibilities shall include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained in the PWS.
10.3 The Government will own the intellectual property rights to any documents, files, course activities, presentations, job aids or other work products developed on its behalf.
B11 ACCEPTANCE OF WORK
Final inspection and acceptance of all work performed, reports and other deliverables will be performed by the COR. The general quality measures set forth below will be applied to each work product received from the Contractor under this statement of work.
Accuracy - Work products shall be accurate in presentation, technical content, and adherence to accepted elements of style and application(s) requirements at the time based on government programmatic direction.
Clarity - Work products shall be clear and concise; diagrams shall be easy to understand and be relevant to the supporting narrative.
Consistency to Requirements - All work products must satisfy the requirements of this statement of work. Maintenance, management and configuration updates to the application will provide for consistency between versions and allow for auditing and correction of any errors.
File Editing - All text and diagrammatic files shall be editable by the Government.
Format - Work products shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission. Hard copy formats shall follow any specific directives or manuals.
Time-lines - Work products shall be submitted on or before the due date specified in this statement of work or submitted in accordance with a later scheduled date determined by the Government.
B12 SECURITY REQUIREMENTS
| 12.1 | The Contractor shall hold information concerning Government employees and operations in the strictest of confidence. Disclosure of such information is permitted only to Contractor personnel working on this contract. The Contractor shall abide by all DOI security regulations, practices, and procedures and shall only utilize United States citizens to perform work under this order. All Contractor personnel shall be required to produce documentation of U.S. citizenship. |
| 12.2 | Background Investigation: Contractor employees who will have access to Department of Interior information or will develop custom applications are subject to background investigations. The level/ complexity of background investigations must be the same as for a Federal employee holding a similar position; DM441, Chapter 3, provides guidance for the appropriate background investigation based on types of access. There is no cost to the Contractor for background investigations. Background investigations will be performed by the Office of Personnel Management (OPM) (See Section N of DIAPR 2006-3 for HSPD-12 Implementation for IT Technology Service). |
| 12.3 | Training: Contractor employees must take DOI’s end-user computer security awareness training and other required training for remote access prior to being granted access to DOI data or being issued a user account. |
12.4 Quality Control: All software products purchased for use on the project or developed for the Government by a vendor or Contractor must be certified by the provider to be free of malicious code. The provider shall be held liable for any damage or loss of business as a direct result of malware or malicious code embedded within software licensed to or developed for the Government under the authority of the purchase/work order.
12.5 Security Controls: Contractors will be required to ensure compliance with the security control requirements of the current version of NIST SP 800-53 (even if it is in draft) or Federal Information Processing Standard (FIPS) 200 that are appropriate to the sensitivity and criticality of the data or system. FIPS 199 shall be used to determine sensitivity and criticality.
The Contractor must notify the COR immediately when an employee working on the Learning Portal is reassigned or leaves the Contractor’s employ and prior to an unfriendly termination. No outsourced operations or employees located outside the United States may be used. The OWF will own the intellectual property rights to any training products developed on its behalf.
Upon completion of a requested task, the Contractor shall provide a confirmation via email to the COR.
B13 SENSITIVE FILES
Files containing sensitive information, as determined by the COR or their designee, shall be returned to the COR or designee upon request or destroyed by the Contractor with e-mail verification that files were destroyed and no copies were retained.
B14 CONFIDENTIALITY STATEMENT
All work performed under this SOW is confidential and is not to be released to outside parties without written permission from the COR.
B15 LIMITED USE DATA
Performance of this effort may require the Contractor to access and use data and information proprietary to a Government agency or Government Contractor which is of such a nature that its dissemination or use, other than in performance of this effort, would be adverse to the interests of the Government and/or others.
Contractor and/or Contractor personnel shall not divulge or release data or information developed or obtained in performance of this effort, until made public by the Government, except to authorized Government personnel or upon written approval of the Contracting Officer (CO). The Contractor shall not use, disclose, or reproduce proprietary data that bears a restrictive legend, other than as required in the performance of this effort. Nothing herein shall preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner which provides for greater rights to the Contractor. The Contractor shall safeguard all data from unauthorized access when storing and/or retrieving such data and shall comply with all DOI procedures for safeguarding such data.
B16 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS
It has been determined that Contractor personnel utilized in the support of this contract will not be allowed routine and regular unsupervised access to a federally controlled facility for more than 180 days, nor will they need unsupervised access to a Federally controlled Level 3 or 4 information system.
All Contractor personnel will be subject to OWF security policies and procedures for access to facilities and parking. Contractor employees utilized in support of this contract will be treated as visitors (uncredentialed Contractor) and not be required to receive background investigations and credentialing. However, uncredentialed Contractors may be subject to the screening processes utilized at each federally controlled facility where the Contractor services are required. As a minimum, Contractor employees will be issued a temporary/visitor badge and shall display it at all times during contract performance when accessing a federally controlled facility. The COR is responsible for ensuring that all Contractor employees are issued a temporary/visitor badge.
B17 KICK-OFF MEETING
Within two weeks of award, the Contractor shall conduct a kick-off meeting with the Government. The Government does not desire an elaborate kick-off meeting, nor does it expect the Contractor to expend significant resources in preparation for this briefing. The intent of the briefing is to initiate the communication process between the Government and Contractor by introducing key task participants and explaining their roles, reviewing communication ground rules, and assuring a common understanding of subtask requirements and objectives.
The kick-off meeting will be held via video conference call.
The completion of this briefing will result in the following:
| • | Introduction of both Contractor and Government personnel performing work under the contract. |
| • | The Contractor will demonstrate confirmation of his/her understanding of the work to be accomplished under the contract. |
B18 SECTION 508 – ACCESSIBILITY OF INFORMATION AND COMMUNICATIONS TECHNOLOGY
(a) This PWS is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the Workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Information and Communications Technology (ICT) , the ICT must allow Federal employees and members of the public with disabilities comparable access to and use of information and data provided to Federal employees and members of the public without disabilities.
(b) The ICT accessibility standards as 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board (also known as the Access Board) and apply to contracts, task orders, and indefinite quantity contracts on or after June 25, 2001.
(c) Each ICT product or service furnished under this contract shall comply with the Information and Communications Technology Accessibility Standards (36 CFR 1194), as specified in the contract, at a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within five (5) business days. If such repair or replacement is not completed within five (5) business days, the Government shall have the following recourses:
1) Cancellation of the contract, delivery, or task order, purchase or line item without termination liabilities; or
2) In the case of custom ICT being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the non-compliant ICT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.
(d) The contractor must ensure that all ICT products and services that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.
(e) For every ICT product or service accepted under this contract by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date, whichever shall occur first.
Section 508 Compliance
The Contractor shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this PWS, the PWS shall take precedence.
Section 508 Accessibility Standards
| 1) | 29 U.S.C. 794d (Rehabilitation Act as amended) |
| 2) | https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards (Section 508 standards) |
| 3) | FAR 39.2 (Section 508) |
| 4) | https://www.doi.gov/ocio/section508/references (DOI standards, policies, and procedures for Section 508) |
| 5) | https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines (Section 508 Final Rule) Products, platforms and services delivered as part of this work statement that are ICT, or contain ICT, must conform to the Revised 508 Standards, which are located at 36 C.F.R. § 1194.1 & Apps. A, C & D |
In addition, all contract deliverables are subject to these standards.
All content or communications materials produced, regardless of format (text, audio, video, etc.), must conform to the applicable Section 508 standards to allow Federal employees and members of the public with disabilities comparable access to and use of information and data provided to Federal employees and members of the public without disabilities. All contractors (including sub-contractors) and consultants responsible for preparing or posting content must comply with the applicable Section 508 accessibility standards and, where applicable, those set forth in the referenced policy or standards document above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the PWS shall be the responsibility of the contractor or consultant.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
SECTION C – CLAUSES
CLAUSES INCORPORATED BY REFERENCE:
| 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 (Alternate 1) |
| OCT 2018 |
| 52.227-14 |
| Rights in Data – General |
| MAY 2014 |
| 52.227-16 |
| Additional Data Requirements |
| JUN 1987 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-1 |
| Disputes (Alternate I) |
| MAY 2014 |
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2020)
(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)).
(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.] ___ (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 2020) (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) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv)Alternate III (Jun 2020) of 52.219-9.
__ (v)Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
(ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).
(ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
_X_ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_X_ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only: It is not a Wage Determination
| Employee Class Monetary Wage |
| Fringe Benefits |
| Training Specialist |
| $25.35 |
_X_ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
_X_ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, 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).
(iv) 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).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.
(End of clause)
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/these address(es):
FAR Clauses: http://acquisition.gov/far/ DIARS Clauses: http://farsite.hill.af.mil/vmdiara.htm
DIAR 1452.201-70 AUTHORITIES AND DELEGATIONS (SEP 2011)
(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(c) The COR is not authorized to perform, formally or informally, any of the following actions:
(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
(2) Waive or agree to modification of the delivery schedule;
(3) Make any final decision on any contract matter subject to the Disputes Clause;
(4) Terminate, for any reason, the Contractor's right to proceed;
(5) Obligate in any way, the payment of money by the Government.
(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
(End of clause)
ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) (APR 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 PDF copy of the vendors itemized invoice, to include:
1. CLIN/Item number of deliverable
2. Description of deliverable
3. Price of deliverable
4. Quantity of deliverable
5. Date deliverable was provided to the Government for inspection
6. Cumulative CLINs delivered and cumulative paid on delivered CLINS
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) prior to the contract award date, but no more than 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 Clause)
INTERNET PROTOCOL version 6 (June 2012)
1. Any system hardware, software, firmware and/or networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products.
2. Specifically, any new IP product or system developed, acquired, or produced must:
a. Interoperate with both IPv6 and IPv4 systems and products, and
b. Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.
3. As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government. The Contractor shall retrofit all non-IPv6 capable equipment, as defined above, that is fielded under this contract with IPv6 capable equipment, at no additional cost to the Government.
4. The contractor shall provide technical support for both IPv4 and IPv6.
5. Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.
6. Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.
SECTION D – PROVISIONS
PROVISIONS INCORPORATED BY REFERENCE:
| 52.203-18 |
| Prohibition on Contracting With Entities That Require |
Certain Internal Confidentiality Agreements or Statements--Representation
JAN 2017
| 52.204-7 |
| System for Award Management |
| OCT 2018 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| AUG 2020 |
| 52.204-17 |
| Ownership or Control of Offeror |
| AUG 2020 |
| 52.204-20 |
| Predecessor of Offeror |
| AUG 2020 |
| 52.204-22 |
| Alternative Line Item Proposal |
| JAN 2017 |
| 52.212-1 |
| Instructions to Offerors |
| JUN 2020 |
| 52.216-31 |
| Time-and-Materials/Labor Hour Proposal Requirements-Commercial Item Acquisition |
| FEB 2007 |
| 52.217-5 |
| Evaluation of Options |
| JUL 1990 |
| 52.225-25 |
| Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications |
| JUN2020 |
PROVISIONS INCORPORATED BY FULL TEXT:
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
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