1605TA-20-Q-00002.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

OPS

S4307 200 Constitution Ave, NW Office of Procurment Services US Department of Labor

OASAM DC OPS SHIP CODE 16. ADMINISTERED BYCODE

X

X

541511

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROPS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

06/04/2020 1200 ES

05/28/2020

202-693-7180Jermaine Duncan (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1605TA-20-Q-00002

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 56 1605-CIO-20-NAT-0038OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20210

TELEPHONE NO.

17a. CONTRACTOR/

WASHINGTON DC 20210

ROOM S4307

200 CONSTITUTION AVE., NW

US DEPARTMENT OF LABOR

15. DELIVER TO

Washington DC 20210 S-4307 200 Constitution Ave, NW Office of Procurement Services

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$30.00

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US Department of Labor

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 2 EA

The purpose of this solicitation is to provide the The Office of Chief Information Officer & OSHA with a developmental customized virtual training application.

HoloLens (vX) with ADA Viewer (for OSHA) Product/Service Code: 7030

Continued ...

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

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Tova C. Stein

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0002 OSHA Trench Safety Training App 1 EA

Product/Service Code: 7030

0003 Travel

Product/Service Code: 7030

0004 Optional 25 EA

HoloLens (vX) with ADA Viewer (Purchase up to 25)

Product/Service Code: 7030

0005 Optional 25 EA

HoloLens (vX) with ADA Viewer (Lease/Rent up to

25) (CALCULATION: $$$ per month X 12 months X number of devices)

Product/Service Code: 7030

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

56 2 of

Solicitation 1605TA-20-Q-00002

Section C – Performance Work Statement (PWS)

The purpose of this requirement is to provide a custom software solution used for mine safety training in a virtual augmented reality environment that combines both above and below ground terrain and underground data, engineering designs, and real-time computer graphics to visualize Applied Earth Science (AES) data in 3D that works with Microsoft Halolens 2 or similar for the Department safety inspectors (e.g. OSHA etc).

1. GENERAL INFORMATION

1.1 Description of Services/Introduction:

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to develop and train Government trainers to perform safety training defined in this Performance Work Statement.

1.2 The contractor shall perform to the standards in this contract as outlined in the Performance Required Summary. Proof of concept and associated training will take place at OSHA Training Institute (OTI), in Arlington Heights, IL. This contract is to provide training software in virtual reality support and assistance to develop a Trench Safety application for implementation for the training, end-users, and other related components for the OTI initiative.

1.3 Background:

The Office of the Chief Information Officer (OCIO) provides comprehensive Information Technology (IT) solutions and services to advance the United States Department of Labor (DOL) mission. OCIO manages DOL application development and implementation for department wide initiatives. Applications have the benefit of training individuals how to act, react, analyze and experience inherently dangerous situations in the safety of a classroom environment. This requirement seeks to enhance the student learning experience by use of an enhancement of the virtual reality environment. OSHA’s Directorate of Administrative Programs (DAP), Office of Information Technology Solutions (OITS) is responsible for providing OSHA with quality information technology (IT) business solutions; shaping technology policy; ensuring information integrity and business continuity; and managing technology-related initiatives that align with OSHA’s business needs.

1.4 Objectives:

• Prototype the development and deployment of augmented reality application Implementing realistic 3D holograms in the HoloLens from orthographic photographs of real environments such as unsafe rock slopes, excavations, and inaccessible terrain.

• Workflow to be accomplished through a “drag and drop” automatic workflow and should combine terrain and geological information allowing the user to view conditions above ground and transition below ground in one action.

• Should have the ability to be shown at full scale and with actual coordinates in space with so that users can measure and observe actual dimensions.

• Should be able to be customized for construction and geological backgrounds.

• Utilize augmented reality to provide training that is involving visualization of above and below ground scenarios for training, accident investigations, and other cases for the Department’s safety inspectors (e.g., OSHA, etc.).

• Device must be untethered without limitation of being physically connected to a training delivery source and must support DOL’s enterprise operating system standard (i.e. Windows 10)

2 Requirements:

The contractor shall develop a proto-type application using the ADA Platform™. The application is for the OSHA Trench Safety Training Application as follows:

Requirement Overview:

OSHA Trench Safety Training Application Specifically, the contractor shall:

Deliverable 1: Requirements Gathering:

Use Case/Scenario Identification and Requirements Documentation:

Conduct ideation sessions with department staff and stakeholders prior to scenario development to capture required use cases and functionality, document technical and functional. Define a scenario as a series of holographic scenes that illustrate and aid in the delivery of training materials, communication with stakeholders, and/or remote visualization of particular use cases.

Establish scenario development timeline.

Facilitate and support requirements gathering, backlog grooming, sprint planning, and retrospectives to capture first level of Business Requirements that align with the project’s mission goals as issued by stakeholders.

Gather Functional Requirements by way of conducting expert usability studies, engaging focus groups, facilitating brainstorming sessions, and leading Joint Application Design (JAD) sessions to capture and document intended behaviors and capabilities of the system or software.

Deliverable 2: Project Plan, Functional Requirement Document (FRD):

Technical Development and Training Support Using the information from ideation activity, Provide technical support by leading development of training and stakeholder scenarios that will be loaded into the augmented reality devices

Develop porotype scenario content in agile manner, soliciting stakeholder feedback following sprint cycles.

As part of augmented reality training scenario, integrate competency assessment scenario based on training objectives agreed to with DOL stakeholders.

Generate and maintain the set of artifacts (e.g., Systems Design Document) in accordance with the DOL Software Development Life Cycle Manual (SDLCM) to ensure that developing, modifying, and/or enhancing systems meet established customer requirements and support DOL critical success factors.

Deliverable 3: System Design Document – 30 days after FRD acceptance by Government:

Generate and maintain the set of artifacts (e.g., Systems Design Document) in accordance with the DOL Software Development Life Cycle Manual (SDLCM) to ensure that developing, modifying, and/or enhancing systems meet established customer requirements and support DOL critical success factors.

Provide training on the use of any software platforms to a level that allows DOL stakeholder to do basic work including an understanding of how to navigate software, uploading or downloading information to devices, and basic troubleshooting. Anticipate training to be one (1) day.

As part of this contract, the contractor shall purchase the specified number of augmented reality devices with software loaded that is compatible.

Deliverable 4: Provide on-site Training application and Training Document - after Design Document acceptance by Government Project Manager (Project owner):

Deliver OSHA Trench Safety Training Application, including

a. Hardware (Hololens device) with

i. frame rate of 60 fps

ii. Host a minimum of 25 users at a time capability

iii. 3D digital holographic capability

b. Software application (preloaded) must allow

i. User Interaction simultaneously

ii. Control Sharing Capability

iii. Zoom In functionality

iv. Sync with Azure Cloud Platform

c. Supporting Documentation

i. Training Manuals

2.1 Government Product Owner:

OCIO

Robert Murphy 847.759.7729 Murphy.Robert.G@dol.gov

Occupational Safety and Health Administration (OSHA) Office of Information Technology Solutions (OITS) Directorate of Training and Education

2.2 Performance Requirements Summary

Performance Objective Standard Performance Threshold Method of Surveillance Deliverable 1 Requirements Gathering

15 Calendar Days after Technical Kick-Off Meeting

100% acceptable Ready for

Deliverable 2 Project Plan Functional Requirements Document

15 Calendar Days after receipt of Deliverable (1)

100% acceptable 100% inspection by COR

Deliverable 3 Systems Design Document

30 Calendar Days after receipt of Deliverable (2)

100% acceptable 100% inspection by COR

Deliverable 4 Training Application & Documentation

30 Calendar Days after design document acceptance by the Government Product Owner.

100% acceptable 100% inspection by COR mailto:Murphy.Robert.G@dol.gov

2.3 Deliverables Schedule

Deliverable Description Frequency/Due Date

# of Copies Medium/Format

Submit To:

Deliverable 1 Requirements Gathering

15 Calendar Days after Technical Kick-Off Meeting

2 each Electronic media, PowerPoint, word, excel, as appropriate

COR

Deliverable 2 Project Plan Functional Requirements Document

15 Calendar Days after receipt of Deliverable (1)

2 each Electronic media, PowerPoint, word, excel, as appropriate

COR

Deliverable 3 Systems Design Document

30 Calendar Days after receipt of Deliverable (2)

2 each Hardware, electronic media, PowerPoint, word, excel, as appropriate

COR

Deliverable 4 Training Application & Documentation

30 Calendar Days after design document acceptance by the Government Product Owner.

2 each Manuals, Media, Files, Hardcopy Report as appropriate

COR

3 Hardware and Software:

QUANTITY

DESCRIPTION OF ITEM NO. UNIT

UNITS MEASURE

Base Year CLIN OSHA Requirement 0001 HoloLens (vX) with ADA Viewer (for OSHA) 2 EA 0002 OSHA Trench Safety Training App 1 EA 0003 Travel

Optional Base Year CLINS CLIN Option To Obtain UPTO the number indicated:

0004 HoloLens (vX) with ADA Viewer (Purchase up to 25) 25 EA

0005 HoloLens (vX) with ADA Viewer (Lease/Rent up to 25) (CALCULATION: $$$ per month X 12 months X number of devices) 25 EA

4 Period of Performance:

The period of performance shall be for one (1) Base Period of 12 months from date of award.

5 Delivery:

The vendor shall verify the complete order, for accuracy before providing ADA Platform™ Trench Safety Training application and supporting documentation.

The place of delivery of the prototype application.

OSHA Location:

OSHA Training Institute; (OTI) 2020 S Arlington Heights Road Arlington Heights, Illinois 60005

OCIO Location:

U.S. Department of Labor (DOL) Office of the Chief Information Officer Division of Architecture, Strategy, and Design 200 Constitution Avenue NW, Room N1301 Washington, DC 20210

Addendum 1 https://www.osha.gov/Publications/osha2226.pdf https://www.osha.gov/Publications/osha2226.pdf

Section D – Contract Clauses

D.1 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 of Clause)

D.2 DOL Local Clause 2012-02—CONTRACTOR’S OBLIGATION TO NOTIFY THE

CONTRACTING OFFICER OF A REQUEST TO CHANGE THE CONTRACT SCOPE (MAR

2012)

(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.

(End of Clause)

D.3 DOL 2014-01 - ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE

(FEBRUARY 2014)

(a) Definitions. As used in this clause-

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Invoice payment has the meaning given in FAR 32.001.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic Payment Requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this clause, and therefore no additional electronic invoice submission is required.

(c) Data Transmission. A contractor must ensure that the data transmission method and format comply with the following provisions:

Electronic invoicing e-mail address: DOL-NO-OWCP@quickpay.dol.gov

(1) The contractor shall:

a. Address the invoice to the appropriate e-mail address specified in the contract.

b. Submit the invoice via attachment in PDF or TIFF format.

c. Submit only one invoice per electronic submittal.

d. Enter specific information in the subject line of the e-mail in the following format:

Contractor Name, DOL Agency, Contract Number, BPA Call or Order Number, Invoice Number, Invoice Amount

Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB- 1298433, $15,000.00.

e. Submit a copy of the email with the attached invoice to the contracting officer’s representative (COR) at the COR email address specified in the contract.

f. Before sending another e-mail with the same invoice attachment, confirm whether DOL has already responded and/or whether you have received a success or failure response to your submission.

(2) The contractor MUST NOT:

a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, if the invoice exceed this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address.

b. Submit an invoice that is heavy in shading or color.

mailto:DOL-NO-OWCP@quickpay.dol.gov

1. An e-mailed PDF image cannot have any text that 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.

2. An emailed TIFF image must be black and white.

c. Submit more than one attachment, as subsequent attachments will not be recognized.

d. Submit more than one invoice in a single attachment.

e. Attempt to use the “Recall or Resend” email message feature.

(d) General Information. Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.

Please use the following contact information for invoice inquires:

Invoice Name - DOL/OCFO Payment Center

Invoice Number - 202-693-6810

Invoice E-Mail - DCASinvoiceinquiry@dol.gov

The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph (1) d. above.

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

Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.

(e) Invoice Requirements. Invoices shall comply with FAR 32.905.

(f) Exceptions. Paper invoices should only be faxed or mailed through U.S. mail when electronic mail cannot be accomplished.

When invoices must be faxed due to e-mail size limitations, fax them to: (202) 693-4019 Attn: Macaire Carroll-Gavula

When paper invoices must be mailed due to e-mail size limitations, mail them to the following address:

U.S. Department of Labor Office of Financial Management Operations Room S-5526 200 Constitution Avenue, N.W.

Washington, DC 20210

(End of clause)

D.4 DOL 2014-03 - SECTION 508 - (JUNE 2014)

Section 508 of the Rehabilitation Act, as amended in 1998 by Public Law 105-220 (the Workforce Investment Act), applies to Federal Agencies and the Contractors acting in support of the Agency. The Contractor is required to provide Section 508 systems and components when Federal agencies develop, procure, maintain, or use Electronic and Information Technology (EIT). The contractor shall ensure that its system and components allow Federal employees and members of the public with disabilities to access and use of information and data that is comparable to the access afforded Federal employees and members of the public who are not individuals with disabilities. The term electronic and information technology includes, but is not limited to, computers, printers, software applications, telecommunications products (such as telephones), information kiosks and transaction machines, Internet/Intranet sites, multimedia, and office equipment such as copiers and fax machines.

For all EIT procured, maintained, developed or used at DOL to include electronic documents, software, websites and webpages created or maintained by the Contractor, in order to meet Section 508 accessibility requirements, the Contractor shall:

1. Provide summary narrative text descriptions or a data tables describing each complex graphic (e.g., pie graphs, line graphs, maps, bar graphs, flow charts) in a separate comma-separated values/character-separated values (CSV) file.

2. Label each figure or graphic image with an alternate text description.

3. Contracted vendor support staffs producing EIT deliverables must have a working knowledge of Section 508 and performing Quality Assurance Testing for Section 508; must include this information for the individuals proposed on the contract.

4. Contractors are responsible for having updated authoring and testing tools to produce Section 508 output on their own; the Government will not provide these tools.

5. Unless otherwise stated in the specification of the Contract, two digital copies of any report over 25 pages shall be delivered in media formats readable by Windows-based programs; one copy shall be formatted in Microsoft Word and the second shall be in the Portable Document Format (PDF). Color and/or black & white PDFs are acceptable. Unless permitted by the specifications, reports shall not be submitted in HTML format.

Additional information about accessibility standards related to Section 508 may be found at http://section508.gov/. The Section 508 Standards provide the minimum Government requirements.

Additional information on creating accessible .pdf files is available at http://www.section508.gov/docs/pdfguidanceforgovernment.pdf.

(End of clause)

D.5 DOL 2014-04 - LIMITATION OF GOVERNMENT’S OBLIGATION (LoGO) - (JULY 2014)

(a) Contract line item(s) xxx through xxx are incrementally funded. For these item(s), the sum of [inc funded amount] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The http://section508.gov/ http://www.section508.gov/docs/pdfguidanceforgovernment.pdf

Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least thirty days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 80 percent of the total amount presently allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.” In no event shall the equitable adjustment be more than the contract line item(s) price(s) in question.

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ ________* (month) (day), (year) $ ________* month) (day), (year) $ ________* month) (day), (year) $ ________*

(End of clause)

D.6 DOL 2015-03 - INTERNET PROTOCOL VERSION 6 (IPv6) CLAUSE (MAY 2015)

(a) Any system or product that includes: hardware, software, firmware, and/or networked components including but not limited to voice, video, or data that is developed, procured, or acquired in support and/or performance of this requirement shall be capable of transmitting, receiving, processing, or forwarding digital information across system boundaries 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.

(b) This IPv6 capable system or product shall maintain interoperability with IPv4 systems and provide the same level of performance and reliability capabilities of IPv4 systems.

(c) This IPv6 capable system or product shall have available IPv4 and IPv6 technical support for development, implementation, and troubleshooting of the system.

(d) This IPv6 capable system or product can be upgraded, or the vendor will provide an appropriate migration path for industry-required changes to IPv6 as the technology evolves, at no additional cost to the Government.

(e) This IPv6 capable system or product must be able to operate on networks supporting IPv4 & IPv6, as well as networks that support both.

(f) Any system or product whose IPv6 non-compliance is discovered and made known to the vendor/contractor within 12 months of the start of performance shall be upgraded, modified, replaced, or brought in to compliance at no additional cost to the Federal Government.

(End of clause)

D.7 DOL-2018-01 PRIVACY BREACH NOTIFICATION REQUIREMENTS (APRIL 2018)

Definitions

“Breach” is defined as the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where—

(1) A person other than an authorized user accesses or potentially accesses Personally Identifiable Information (PII); or

(2) An authorized user accesses or potentially accesses PII for an unauthorized purpose.

“Information” is defined as any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, narrative, electronic, or audiovisual forms (See Office of Management and Budget (OMB) Circular No. A-130, Managing Federal Information as a Strategic Resource).

“Information System” is defined as a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Personally Identifiable Information” is defined as information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. (See Office of Management and Budget (OMB) Circular No. A-130, Managing Federal Information as a Strategic Resource).

Requirements

(a) Contractors and subcontractors who collects or maintains Federal information on behalf of the agency, or uses or operates an information system on behalf of the agency, shall comply with Federal law e.g., FISMA 2014, E-Government Act and the Privacy Act. Additionally, the Contractor shall meet OMB directives and National Institute of Standards and Technology Standards to ensure processing of PII is adequately managed.

(b) The contractor shall:

· Properly encrypt PII in accordance with appropriate laws, regulations, directives, standards or guidelines;

· Report to DOL any suspected or confirmed breach in any medium or form, including paper, oral, and electronic within one hour of discovery;

· Cooperate with and exchange information with DOL (Contracting Officer and Contracting Officer’s Representative) as well as allow for an inspection, investigation, forensic analysis, as determined necessary by the DOL, in order to effectively report and manage a suspected or confirmed breach;

· Maintain capabilities to determine what DOL information was or could have been compromised and by whom, construct a timeline of user activity, determine methods and techniques used to access Federal information, and identify the initial attack vector;

· Ensure staff that have access to DOL systems or information are regularly trained to identify and report a security incident. This includes the completion of any DOL mandatory training for contractors;

· Take steps to address security issues that have been identified, including steps to minimize further security risks to those individuals whose PII was lost, compromised, or potentially compromised.

· Report incidents per DOL incident management policy and US-CERT notification guidelines.

(c) Remedy:

· A report of a breach shall not, by itself, be interpreted as evidence that the Contractor or its subcontractor (at any tier) failed to provide adequate safeguards for PII. If the Contractor is determined to be at fault for the breach, the Contractor may be financially liable for Government costs incurred in the course of breach response and mitigation efforts;

· The contractor shall take steps to address security issues that have been identified, including steps to minimize further security risks to those individuals whose PII was lost, compromised, or potentially compromised;

http://uscode.house.gov/

· The Government reserves the right to exercise all available contract remedies including, but not limited to, a stop-work order on a temporary or permanent basis in order to address a breach or upon discovery of a Contractor’s failure to report a breach as required by this clause.

(End of clause)

D. 8 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov

D.8.1 FAR 52.227-14 Rights in Data—General (MAY 2014)

D.9 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—- COMMERCIAL ITEMS (MAR 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. 3805note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

http://www.acquisition.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_121893902 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (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 (Oct 2018) (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. (Oct 2015) (31 U.S.C. 6101note).

__ (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 (Mar 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 (Mar 2020) of 52.219-9.

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__ (v) Alternate IV (Aug 2018) 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).

_X_ (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 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.

_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (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 (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

_X_ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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_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. chapter78 and E.O. 13627).

_X_ (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.)

_X_ (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.)

_X_ (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).

_X_ (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.

_X_ (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.

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

_X_ (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 (Aug 2011) (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. 552 a).

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

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