1605C5-20-Q-00009.pdf

B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions,Conditions, and Notices to Bidders M - Evaluation Factors for Award

B - Supplies or Services/Prices

C - Description/Specifications

STATEMENT OF WORK

Telecommunications Services Pricing Data

I. Background

The Bureau of Labor Statistics (BLS) has an ongoing interest in market data with which to analyze, evaluate, and improve the indexes it produces. Specifically, the BLS is seeking detailed data for telecommunications services as listed in the Scope of Work.

The BLS is the principle Federal agency responsible for measuring price changes in the economy and constructs indexes using data collected from both households and business establishments. Because of the importance of BLS data, it is critical that the component indexes are accurate, timely, and relevant. To achieve this goal, the BLS occasionally purchases transaction data for analysis.

II. Scope of Work

The BLS is looking for twelve months (Sep 2020 – Oct 2021) of telecommunications services data consisting of consumer/residential rates or transaction prices for the following products/services:

• Wireless telephone (talk, text and data)

• Residential telephone

• Residential and mobile internet access

• Cable and satellite television

• Over-the-top/streaming video

• Bundled combinations of these services

The necessary variables and a brief description are listed below in Table 1.

Table 1: Variables for Monthly Data File

Variable Description/Scope Month Calendar month (from the period Sep 2020 – Oct 2021)

Metropolitan Statistical Area

(MSA) or Market

Amarillo, TX Anchorage, AK Atlanta, GA Baltimore, MD Baton Rouge, LA Beaumont, TX Birmingham, AL Boise City, ID Boston, MA Brookings, SD Brownsville, TX Buffalo, NY

Frankfort, IN Gainesville, FL Greenville, SC Hartford, CT Honolulu, HI Houston, TX Huntsville, AL Jacksonville, NC Janesville, WI Kansas City, MO Lafayette, LA Las Vegas, NV

Portland, OR Raleigh, NC Philadelphia, PA Reading, PA Richmond, VA Los Angeles County, CA

Riverside, CA Rochester, NY Russellville, AR Pine Bluff, AR San Antonio, TX

Charlotte, NC Chattanooga, TN Chicago, IL Chico, CA Cincinnati, OH Clarksburg, WV Cleveland, OH Columbus, OH Dallas, TX Paris, TX Dayton, OH Decatur, IL Denver, CO Detroit, MI Flint, MI Florence, AL Florence, SC Fort Myers, FL

Lincoln, NE Louisville, KY Meridian, MS Miami, FL Milwaukee, WI Minneapolis, MN Morristown, TN Pullman, WA Moses Lake, WA New York Oklahoma City, OK Omaha, NE Orlando, FL Ocala, FL Phoenix, AZ Picayune, MS Pittsburgh, PA

San Diego, CA San Francisco, CA Santa Rosa, CA Seattle, WA Springfield, MA Provo, UT St. George, UT St. Louis, MO Statesboro, GA Tampa, FL Washington, DC Wausau, WI West Palm Beach, FL Wichita, KS Wilmington, NC Winston-Salem, NC Yuma, AZ

Service/Product • Wireless telephone (talk, text and data)

• Residential telephone

• Residential and mobile internet access

• Cable and satellite television

• Over-the-top/streaming video

• Bundled combinations of these services

Provider/Carrier All available providers operating and offering services in the MSAs/Markets Plan/Package Name All available plans/packages from providers offering services in the

MSAs/Markets Features Major features of each plan/package, including but not limited to the following:

• For Wireless telephone:

o Amount of included talk minutes/text messages/data o Number of lines accessing the plan

• For Residential telephone:

o Type of local calling (unlimited or other) o Type of long-distance calling (unlimited or other)

• Residential and mobile internet access:

o Downstream and upstream speeds o Amount of included data (mobile internet only) o Type of transmission technology

• Cable and satellite television o Total channels included o Premium channels included (name and number) o Language package o Number and type of included receivers o DVR service fees

• Over-the-top/streaming video o Number of included channels o Number of accounts accessing the plan

• Bundled combinations of these services:

o All of the key features for each bundled service

Equipment and Associated Fees Fees charged for the rental/leasing of equipment necessary to receive the service Plan Pricing Base plan pricing Fees and Taxes Activation/install charges, local broadcast fees, local taxes, etc.

Promotions Price/duration/contract terms/eligible customer types/etc.

Total Price Calculation of the total monthly price of the service inclusive of the base plan price, fees, taxes and promotions

BLS will also accept the average prices for a service and plan at the corresponding provider in a specific market. The average prices and the quantity should be attributed to the corresponding month.

Table 2 is a basic example of the structure of the data for wireless telephone services:

Table 2: Example of Monthly Data File

Potential vendors should be able to complete the following tasks at a minimum:

· Provide monthly data for 12 consecutive months, beginning with October 2020.

· Provide data collected within the first week of the calendar month.

· Provide data for all of the Services/Products listed in Table 1.

· Provide data for all of the MSA/Markets listed in Table 1.

· Provide data for as many Providers/Carriers providing services in each MSA/market as possible.

· Provide data for as many Service Plans/Packages offered by the providers/carriers providing services in each MSA/market as possible.

· Provide data for all of the major features of each service plan/package provided as listed in Table 1.

· Provide data needed to calculate the total price of the service package, including equipment fees, services fees and charges, taxes, and promotions associated with each service plan/package provided.

· Provide data in a spreadsheet format in a standard file type is acceptable (i.e. CSV, SAS, txt, etc.)

· Provide data in a secure electronic manner such as secure file transfer protocol (SFTP).

DATA AVAILABILITY

Please be advised that the selected vendor may not use the Bureau of Labor Statistics’ name in connection with any collection of data that is being purchased under this contract. The data being purchased should be commercially available and not collected exclusively on behalf of the BLS. The vendor will not have access to BLS data.

III. Deliverables

Description Date of Delivery Data set of variables and values as described in section II for each service/product. The name of the data file should also include the date/month that the data covers.

First delivery of monthly data should contain data from the period Oct 2020 through the contract award month and should be delivered no earlier than the 10th day of the contract award month and by the end of the contract award month if the contract is awarded after the 10th of the month.

Subsequent monthly deliveries should contain data from the month after the contract award month through October 2021 and should be delivered on the 10th of each month.

The data file shall be delivered to BLS data team via SFTP or another secure file transfer.

Base Year

CLIN Base Period Item 1 Qty. Unit Price Total

Month MSA Service Provider Plan Name

Included Data

Number of Lines

Fee per Line

Basic Plan Price

Total Price

2019_02 Chicago Wireless Telephone

Company A

Small Postpaid Individual Plan

2GB 1 $20 $30 $50

2019_02 Chicago Wireless Telephone

Company A

Big Postpaid Family Plan

32GB 2 $20 $70 $110

0001 The contractor shall provide a telecommunications dataset consisting of consumer/residential rates or transaction prices as listed in SOW. The data delivery will be on the 10th of every month. The first deliverable will be due October 10, 2020.

IV. Period of Performance The period of performance shall be twelve months in length, covering the period Sep 2020 through Oct 2021.

CIPSEA Pledge The Bureau of Labor Statistics, its employees, agents, and partner statistical agencies, will use the information you provide for statistical purposes only and will hold the information in confidence to the full extent permitted by law. In accordance with the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 USC §35) and other applicable Federal laws, your responses will not be disclosed in identifiable form without your informed consent. Per the Federal Cybersecurity Enhancement Act of 2015, Federal information systems are protected from malicious activities through cybersecurity screening of transmitted data.

D - Packaging and Marking

E - Inspection and Acceptance

F - Deliveries or Performance

G - Contract Administration Data

DOL-2019-03 Submission of Invoices (August 2019) Electronic Invoice Submittal

Invoices for the services/goods provided under this award shall be submitted through:

___X___ The Department of Treasury’s Invoice Processing Platform (IPP)

IPP is a Federal Government owned and operated website accessible to contractors free of charge. Information about IPP, including enrollment instructions, are available and should be obtained by the enrolled contractors directly from the Department of Treasury after award at, https:www.ipp.gov.

The Department of Labor (DOL) Quickpay (BLS-DOL@quickpay.dol.gov)

The following instructions apply to Invoices submitted through IPP.Gov or the DOL Quickpay email system:

1. IPP invoice attachments SHALL NOT exceed the size limit of 10 megabytes (MB) each. However, you may submit multiple attachments of less than 10MB each with the invoices.

2. DO NOT submit an invoice or attachment that uses shading or color.

3. An emailed Portable Document Format (PDF) image cannot have any textthat has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.

4. An emailed Tagged Image File Format (TIFF) image must be black and white.

5. Quickpay users SHALL: provide a copy of the invoice and any attachments via email to the Contracting Officer’s Representative (COR, at the address specified in the contract. Quickpay users SHALL NOT: submit more than one attachment per invoice and the attachment shall not exceed 10MB. Any additional attachments will not be recognized.

6. DO NOT submit more than one invoice at a time.

7. DO NOT attempt to use the “Recall or Resend” email message feature.

8. Electronic invoices shall be in PDF or TIFF format. Paper Invoices shall be submitted via fax or U.S. mail

1. Paper invoices may be sent vial fax to: (202)691-7796.

2. Mail paper invoices to:

U.S. Department of Labor Bureau of Labor Statistics Room 4135 2 Massachusetts Avenue N.E.. Washington, DC 20212

General Information

Payment due date is to be calculated from the date the invoice is received in accordance with FAR 32.905 and the instructions above.

Inquiries regarding invoices must be emailed to BLSInvoiceinquiry@bls.gov. The relevant invoice must be attached to the inquiry email and the subject line of the email must state “INQUIRY”, as shown in the following example:

INQUIRY: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount>

The contractor SHALL NOT use the DOL electronic invoicing email address for inquiries about any invoice.

Questions

All questions regarding Electronic Invoicing shall be sent to the BLS Financial Officer at

BLSInvoiceinquiry@bls.gov.

(End of Clause)

H - Special Contract Requirements

H.1 NONPERSONAL SERVICES

a. In performance of this contract, the Contractor will provide support in the form of services required by program offices to support management of their overall mission.

b. The services required under the purchase order constitute professional and management services within the definition provided by FAR 37.201. Under this purchase order the Government will obtain professional services, which are essential to the mission but not otherwise available.

c. The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual Contractor employees. It shall be the responsibility of the Contractor to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by the Contractor will be the sole responsibility of the Government. Administrative management and general management consulting services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

H.2 BLS DATA AVAILABILITY

Please be advised that the selected Contractor may not use the Bureau of Labor Statistic’s name in connection with any collection of data that is being purchased under this contract. The data being purchased should be commercially available and not collected exclusively on behalf of the BLS. The Contractor will not have access to BLS data.

I - Contract Clauses

52.202-1 Definitions. (JUN 2020)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (JUN 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 2019) (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 (JUN 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.)

[ ] (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).

[ ] (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).

[ ] (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) (15 U.S.C. 644).

[ ] (ii) Alternate I (MAR 2020).

[ ] (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) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[ ] (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).

[ ] (22)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 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 (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (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) (15 U.S.C. 637(a)(17)).

[X] (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (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.

[ ] (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). (E. O. 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 (JUN 2014) of 52.223-14.

[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (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 (JUN 2016) (E.O. 13693).

[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[ ] (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. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3.

[ ] (iv) Alternate III (MAY 2014) of 52.225-3.

[ ] (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. 2302 Note).

[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (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 (JAN 2017) (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 (OCT 2018) (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).

[ ] (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.)

[ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[ ] (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).

[ ] (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) (29 U.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).

[ ] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

[ ] (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) of this paragraph 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 2019) (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 2016) (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 (AUG 2018) (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 (MAR 2015) 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 (MAY 2014) (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 (MAY 2014) (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)

52.227-14 Rights in Data-General. (MAY 2014)

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): https://www.acquisition.gov/sites/default/files/current/far/pdf/FAR.pdf

(End of clause)

DOL 2012-01 ORGANIZATIONAL CONFLICT OF INTEREST CLAUSE - OCI-1 EXCLUSION FROM FUTURE

AGENCY CONTRACTS (DECEMBER 2012)

ORGANIZATIONAL CONFLICT OF INTEREST

OCI-1 Exclusion from Future Agency Contracts (DECEMBER 2012)

This clause supplements the FAR provisions on organizational conflicts of interest, located at FAR subpart 9.500 and should be read in conjunction with these provisions. To the extent there is any inconsistency or confusion between the two provisions, the FAR provision controls.

(a) Work under this contract may create a future organizational conflict of interest (OCI) that could prohibit the Contractor from competing for, or being awarded, future Government contracts.

The following examples illustrate situations in which organizational conflicts of interest may arise. They are not all inclusive, but will be used by the Contracting Officer as general guidance in individual contract situations:

(1) Unequal Access to Information. The performance of this contract may provide access to “nonpublic information,” which could provide the contractor an unfair competitive advantage in later solicitations or competitions for other DOL contracts. Such an advantage could be perceived as unfair by a competing vendor who is not given similar access to the same nonpublic information that is related to the future procurement action. If you, as a contractor, in performing this contract, obtain nonpublic information that is relevant to a future procurement action, you may be required to submit and negotiate an acceptable mitigation plan prior to being deemed eligible to compete on the future action. Alternatively, the “nonpublic information” may be provided to all offerors.

(2) Biased Ground Rules. Your contract with DOL may have, in some fashion, established important “ground rules” for another DOL procurement in which you may desire to be a competitor. For example, this contract may involve you drafting the statement of work, specifications, or evaluation criteria for a future DOL procurement. The primary concern, in any such situation, is that any such firm could skew the competition, whether intentionally or not, or be perceived as having skewed the competition, in its own favor. If the requirements of this DOL contract anticipate the contractor may be placed in a position to establish important ground rules, including but not limited to those described herein, the contractor may be precluded from competing in the related action or, if possible, may be required to submit and negotiate an acceptable mitigation plan.

(3) Impaired Objectivity. The performance of this contract may result in the contractor being placed in a situation where it is able, or required, to provide assessment and evaluation findings concerning itself, another business division, a subsidiary or affiliate, or other entity with which it has a significant financial relationship. The concern in this case is that the contractor’s ability to render impartial advice to DOL could appear to be undermined by the contractor’s financial or other business relationship to the entity whose work product is being assessed or evaluated. In these situations, a “walling off” of lines of communication between entities or divisions may be acceptable, but it also may not be sufficient to remove the perception that the objectivity of the contractor has been tainted. If the requirements of the DOL procurement indicate that a contractor may be placed in a position to provide evaluations and assessments of itself or other entities with which it has a significant financial relationship, the affected contractor should notify DOL immediately.

The contractor may also be required to provide a mitigation plan that includes recusal by the contractor from one of the affected contracts. Such recusal might include divestiture of the work to a third party.

(b) In order to prevent a future OCI of any kind, the Contractor shall be subject to the following restrictions:

(1) The Contractor may be excluded from competition for, or award of, any government contracts as to which, in the course of performing another contract, the Contractor has received nonpublic and competitively relevant information before such information has been made generally available to other persons or firms.

(2) The Contractor may be excluded from competition for, or award of, any government contract for which the contractor actually assisted or participated in the development of specifications or statements of work.

(3) The Contractor may be excluded from competition for or award of, any government contract which calls for it to evaluate itself, any affiliate, or any products or services produced or performed thereby.

(4) The Contractor may be excluded from competition for, or award of, any government contract calling for the production or performance of any product or service for which the Contractor participated in the development of requirements or definitions pursuant to another contract.

(c) This clause shall not exclude the Contractor from performing work under any modification to this contract or from competing for award of any future contract for work that is the same or similar to work performed under this contract, so long as the conditions above are not present. This clause does not prohibit an incumbent from competing on a follow-on competition but the Contracting Officer may require a mitigation plan or other steps as needed to ensure that there has not been an unequal access to nonpublic competitively sensitive information.

(d) The term “contractor” as used in this clause, includes any person, firm or corporation that owns or controls, or is owned or controlled by, the contractor. The term also includes the corporate officers of the contractor.

(e) The agency may in its sole discretion, waive any provisions of this clause if deemed in the best interest of the Government. The exclusions contained in this clause shall apply for the duration of this contract and for three (3) years after completion and acceptance of all work performed hereunder, or such other period as the Contracting Officer shall direct.

(f) If any provision of this clause excludes the Contractor from competition for, or award of any contract, the Contractor shall not be permitted to serve as a subcontractor, at any tier, on such contract. This clause shall be incorporated into any subcontracts or consultant agreements awarded under this contract unless the Contracting Officer determines otherwise.

(End of Clause)

DOL 2019-01 SECTION 508 REQUIREMENTS (JAN 2019)

A. Applicability

Contracting Officers shall insert this clause in all new solicitations and awards for the acquisition of Information and Communication Technology (ICT) to be used by the Department of Labor (DOL).

B. Definitions

¿Information and Communication Technology¿ is defined as any information technology, and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, conversion, duplication, automatic acquisition, storage, display, receipt or transmission, of electronic data and information, as well as any associated content. Examples of ICT include, but are not limited to: Computers and peripheral equipment; information kiosks and transaction machines; telecommunications equipment;

customer premises equipment; multifunction office machines; software; applications; Web sites; videos; and electronic documents.

C. Requirements

Section 508 of the Rehabilitation Act, as amended (29 U.S.C. 794d), applies to Federal Agencies, and the Contractors providing support on behalf of an Agency. The Contractor is required to provide Section 508 compliant systems and components of ICT when Federal agencies develop, procure, maintain, or use ICT. The Contractor shall ensure that its system and components allow Federal employees and members of the public with disabilities access to, and use of, information and data that is comparable to the access afforded Federal employees and members of the public without disabilities. Products, platforms and services delivered as part of this contract action that are ICT, or contain ICT, shall conform to the Revised Section 508 Standards, which are located at 36 C.F.R.

1194.1 & Apps. A, C & D.

1. Requirements by service / contract type are as follows:

a. Custom ICT Development Services: When the Contractor provides custom ICT development services and/or Commercially Available Off-the-Shelf (COTS) products, pursuant to the requirements, the Contractor shall ensure the ICT fully conforms to the applicable Revised Section 508 Standards prior to delivery and before final acceptance.

b. Installation, Configuration & Integration Services: When the Contractor provides installation, configuration or integration services for equipment or software pursuant to the requirement, the Contractor shall not install, configure or integrate the equipment or software in a way that reduces the level of conformance with the applicable Revised Section 508 Standards.

c. Maintenance Upgrades & Replacements: The Contractor shall ensure maintenance upgrades, substitutions, and replacements to equipment and software pursuant to this award do not reduce the approved level of conformance with the applicable Revised Section 508 Standards at the time of award. Additionally, an updated Accessibility Conformance Report (ACR) shall be submitted for each ICT Item, and shall be completed according to the instructions provided by the Industry Technology Industry Council (ITIC), in order to be considered for each option year exercise.

d. Service Personnel: The Contractor shall ensure that contractor personnel providing support are DHS Trusted Tester or have an equivalency of the knowledge, skills, and ability necessary to address the applicable Revised Section 508 Standards defined in the requirement, and shall provide conformant Section 508 supporting documentation upon request.

e. Hosting Services: The Contractor shall not implement hosting services in a manner that reduces the existing level of conformance of the electronic content with applicable Revised Section 508 Standards, when providing hosting services for electronic content to the agency. Throughout the life of the award, the agency reserves the right to perform Independent Third-Party testing on a vendor or Contractor¿s hosted solution to verify conformance.

2. Validation for ICT Items: The Contractor shall test and validate the ICT solution for conformance to the Revised Section 508 Standards, in accordance with the required testing methods and provide test results to verify conformance of the Voluntary Product Assessment Template (VPAT).

a. For web and software, WCAG 2.0 Level AA or WCAG 2.1 Conformance Test Results shall be based on the Accessibility Tests for Software and Web, Harmonized Testing Process for Section 508 Compliance.

b. For Microsoft Office and PDF documents, WCAG 2.0 Level AA or WCAG 2.1 Conformance test results shall be based on the Harmonized Testing Guidance from the AED ACOP.

c. For ICT Items that are not electronic content, the Contractor shall validate conformance to the applicable Revised Section 508 Standards using a defined testing process. The Contractor shall describe test process and provide the testing results to the agency.

3. Conformance Reporting: For ICT items that are developed, updated, or configured for the agency, and when product substitutions are offered:

a. Before acceptance, the Contractor shall provide an ACR for each ICT item that is developed, updated, configured for the agency, and when product substitutions are offered. The ACR should be based on the most recent version of the VPAT provided by the Industry Technology Industry Council (ITIC) at https://www.itic.org/policy/accessibility/vpat. An ACR shall be submitted for each ICT Item, and shall be completed according to the instructions provided by ITIC to be considered for acceptance.

b. Before acceptance, when the Contractor is required to perform testing to validate conformance to the agency¿s accessibility requirements, the vendor shall provide a Supplemental Accessibility Report (SAR) that contains the following information:

i. Accessibility test results based on the required test methods

ii. Documentation of features provided to help achieve accessibility and usability for people with disabilities.

iii. Documentation of core functions that cannot be accessed by persons with disabilities.

iv. Documentation on how to configure and install the ICT item to support accessibility.

v. When an ICT item is an authoring tool that generates content (including documents, reports, videos, multimedia productions, web content, etc.), provide information on how the ICT item enables the creation of accessible electronic content that conforms to the Revised Section 508 Standards, including the range of accessible user interface elements the tool can create.

vi. Before final acceptance, the Contractor shall provide a fully working demonstration of the completed ICT Item to demonstrate conformance to the agency¿s accessibility requirements. The demonstration shall expose where such conformance is and is not achieved.

c. At any time, DOL reserves the right to perform Independent Third-Party testing to validate the ICT solution provided by the Contractor, conforms to the applicable Revised Section 508 Standards.

4. Non-Compliance: Before final acceptance of any ICT item, including updates and replacements, DOL shall determine that the furnished ICT item is in compliance with applicable requirements. If the furnished ICT item is determined to be non-compliant, the Contracting Officer shall notify the Contractor of this determination, within 15 business days of determination of non-compliance. The Contractor shall, at no cost to DOL, repair or replace the non-compliant products or services within the period specified by the Contracting Officer, or show evidence that as a reseller, it is actively working with the contractor to make the product compliant.

The Contracting Officer makes the final decision to accept or not accept a Contractor¿s ICT item that does not meet the stated Section 508 Standards. Where DOL determines that conformance to requirements of the Revised Section 508 Standards would impose an undue burden or would result in a fundamental alteration in the nature of the ICT, conformance shall be required only to the extent that it does not impose an undue burden, or result in a fundamental alteration in the nature of the ICT. Where ICT conforming to one or more requirements in the Revised Section 508 Standards is not commercially available, DOL shall procure the ICT that best meets the Revised Section 508 Standards consistent with the DOL¿s business needs. In such cases, the Contractor shall provide alternative means of access that will enable people with disabilities to use the product being procured.

Additional information about Section 508 accessibility standards is located at https://www.section508.gov/

Additional information on creating accessible documents is available at https://www.hhs.gov/web/section-508/making-files-accessible/index.html

DOLAR 2952.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) CLAUSE

(a) A Contracting Officer's Representative (COR) will be delegated upon award. A copy of the delegation memorandum will be provided to the COR and a delegation letter sent to the vendor.

(b) The COR is responsible, as applicable, for receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

(End Clause)

DOL 2012-02 CONTRACTOR'S OBLIGATION TO NOTIFY THE CONTRACTING OFFICER OF A REQUEST TO

CHANGE THE CONTRACT SCOPE (CONTRACTOR'S OBLIGATION CLAUSE)

"(a) Except for changes identified in writing and signed by the Contracting Officer, the Contractor is required to notify, within five working days of receipt or knowledge, any request for changes to this contract (including actions, inactions, and written or oral communications) that the Contractor regards as exceeding the scope of the contract. On the basis of the most accurate information available to the Contractor, the notice shall state:

(1) The date, nature, and circumstances of the conduct regarded as a change in scope;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in, or knowledgeable about, such conduct;

(3) The identification of any documents and substance of any oral communication involved in such conduct;

(b) Following submission of this notice, the Contractor shall continue performance in accordance with the contract terms and conditions, unless notified otherwise by the Contracting Officer.

(c) The Contracting Officer shall promptly, within 5 business days after receipt of notice from the Contractor, respond to the notice in writing. In responding, the Contracting Officer shall either:

(1) Confirm that the Contractor’s notice identifies a change in the scope of the contract and directs the Contractor to stop work, completely or in part, in accordance with the Stop Work provisions of the contract;

(2) Deny that the Contractor’s notice identifies a change in scope and instruct the Contractor to continue performance under the contract; or

(3) In the event the Contractor’s notice does not provide sufficient information to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(End of clause)

J - List of Documents, Exhibits and Other Attachments

Attachment Number Title Date

K - Representations, Certifications, and Other Statements of Bidders

52.212-3 Offeror Representations and Certifications-Commercial Items. (JUN 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.