DRAW_Solititation_amendment_1.pdf

1625DC-19-Q-00035

Request for Quote (RFQ)

A- COMBINED SYNOPSIS/SOLICITATION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; Quotes are being requested and a written solicitation will not be issued. The Office of Technology and Survey Processing seeks to acquire proof-of-concepts that will inform BLS of potential solutions for replacing the current BLS LABSTAT data repository. This is a partial small business set-aside, fully detailed in Section M.1. BLS intends to award up to three firm-fixed-price contracts at a value not to exceed $100,000 each to distinct contractors. This solicitation is being issued under NAICS 541511- Custom Computer Programing Services (Size Standard of $27.5 Million). 1625DC-19-Q-00035 is the RFQ.

REQUIREMENT: The objective is to acquire up to three proof-of-concepts that will inform BLS of potential solutions for replacing LABSTAT. Success will be measured by end user acceptance, ease of use and system maintenance, the implementation of industry best practices, and system agility to incorporate change. Industry best practices include those presented in the United States Digital Service Playbook standards (https://playbook.cio.gov) and United States Web Design System (https://designsystem.digital.gov). See the Section C:

Statement of Objectives (SOO) for more details.

The proof-of-concept(s) shall be delivered within 6 months of award. The government requires 120 days of operability and accessibility after inspection and acceptance of the deliverable(s).

The Government will award up to three Firm-Fixed-Price purchase-orders resulting from this solicitation to the vendor(s) whose quotation(s) conforms to the solicitation and represents the best value to the government. Evaluations will be performed in accordance with 52.212-2 -- Evaluation -- Commercial Items and additional criteria outlined in Sections L and M in the RFQ. The offeror will be evaluated in accordance with the following factors: Factor 1: Experience, Factor 2: Technical Submission, and Factor 3:

Price through a two phase advisory down select process. Phase I will be based on Factor 1: Experience and Phase II will be based on Factor 2: Technical Submission and Factor 3:

Price. The deadline for offereor's to submit Phase I: Experience and questions regarding Phase II: Technical Submission and Price is 11:00 am EST on August 6, 2019. Phase I submissions and Phase II questions shall be sent to Kristin Dell at dell.kristin@bls.gov and Laura Holstein at holstein.laura@bls.gov. The due date for Phase II submissions will be ten (10) business days from receiving the advisory guidance from the Contracting Specialist Kristin Dell and/or Contracting Officer Laura Holstein. In accordance with 52.212-1, Instructions to Offerors, paragraph (f), quotes received after the established closing date will be viewed as late, and therefore not considered. Contractors must follow the instructions including 52.212-1 and the supplemental instructions. Contractors can either fill provision 52.212-3 – Offeror Representations and Certifications-Commercial https://playbook.cio.gov/ https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdesignsystem.digital.gov&data=02%7C01%7CWalker.Carlton%40dol.gov%7C6e92f6c04d454a92df1208d6bc4612bb%7C75a6305472044e0c9126adab971d4aca%7C0%7C0%7C636903406485513221&sdata=PT3d6O747sVk91o9IyYu3QkamLJS0TsP8h7mNxpWXJE%3D&reserved=0 mailto:dell.kristin@bls.gov mailto:holstein.laura@bls.gov

Items, or reference the certification in the System for Award Management System (SAM).

Clause 52.212-4 - Contract Terms and Conditions, applies to this solicitation. See section L of this RFQ for further instructions. Quotes shall be good for 90 calendar days from the date of submission.

B-SUPPLIES OR SERVICES

Pricing shall be provided in accordance with L.10 Volume 3 – Price.

[END OF SECTION B]

C-DESCRIPTION/SPECIFICATIONS

Bureau of Labor Statistics (BLS) Data Repository and Access Initiative

STATEMENT OF OBJECTIVES (SOO)

Note: The Quoter’s Performance Work Statement (PWS) will replace sections C.2 and C.3 of this award. All listed objectives, requirements and deliverables in section C.2, C.3, and any other relevant performance information shall be addressed as indicated as part of the Quoter’s PWS. All remaining sections of Section C need not be replicated in the

PWS and will be incorporated into the contract award in full.

1. Background and Objectives

1.1 Background

The Bureau of Labor Statistics (BLS) of the U.S. Department of Labor is the principal federal agency responsible for measuring labor market activity, working conditions, and price changes in the economy. Its mission is to collect, analyze, and disseminate essential economic information to support public and private decision-making (for more information see https://www.bls.gov/). As an independent statistical agency, BLS serves its diverse user communities by providing data and services that are accurate, objective, relevant, timely, and accessible.

For over 25 years, BLS has relied upon the current data dissemination system (LABor STATistics, LABSTAT). LABSTAT is composed of a publicly accessible database and web-based applications (https://data.bls.gov). LABSTAT currently has 63 datasets containing 800 million data rows using 115 GB of space. 35 datasets are active and are updated from once year to 26 times a year. The number of internal users is about 2500. LABSTAT handles about 3M public users per month. The system concurrency is configured at 200 based on limits of the technology stack and licensed resources. LABSTAT no longer meets the future expectations and needs of the BLS.

1.2 Current Structure

LABSTAT is hosted on the premises in the BLS Data Center. LABSTAT uses Oracle on Linux servers for internal BLS users and Oracle Data Appliance for the public. LABSTAT https://www.bls.gov/ https://data.bls.gov/ web applications are written in Java running on Apache/Tomcat. The ETL processing is done with PERL and Oracle procedures.

1.3 Goals for the future Data Repository

See Attachment A: Description of Future Data Repository for complete details on what will be required for the future, final, data repository. Note that this contract only covers a portion of those requirements. BLS requires development of a data repository that houses data from all BLS programs. The new data repository is expected to hold at a minimum 20x the current data quantity. This factor is based on estimates of what’s known not to be in LABSTAT, inclusion of data revisions, and additions of experimental data.

In addition, the data repository needs to have tools and applications to accommodate flexible data retrieval, processing, and downloads that is easy to use, maintain, and is built using modern industry best practices. Attachment A provides a high-level description of the data repository that BLS seeks. The final, full data repository shall:

a. Contain all BLS publicly data observations, including data revisions and related statistical measures, both data currently stored in LABSTAT as well as data not in LABSTAT (expect 20x the current size) and increase approximately 5% yearly.

b. Describe each data observation by metadata supported by a single data model.

c. Handle new types of economic data for both existing and new surveys/programs with minimal effort. This will require the system to be flexible for future additions and changes.

d. Have public-facing and internal-facing components.

i. The public-facing component will serve as the sole, official source of BLS data.

ii. The internal-facing component will contain everything included in the public-facing component, plus restricted access data and control access to pre-release information to specified groups of authorized BLS staff.

e. Provide a one-stop shop for retrieving all publicly available BLS data. This query feature shall enable users to search and display data in a variety of ways.

f. Work efficiently to maximize the user experience, including:

i. Operate with uptime target of 99.5% for 24x6 for internal facing and 99.5% 24x7 for public-facing components inclusive of planned downtimes.

ii. Load large data sets quickly—1 million rows in 10 minutes inclusive of referential and data integrity checks

iii. Handle minimum 500 concurrent users at < 5 seconds per user query

iv. Data extracts/downloads may exceed 5 seconds depending upon the quantity of data requested Stakeholders:

• The sponsor of this project is the BLS Deputy Commissioner. The internal stakeholders are all BLS Programs Chiefs, the Associate Commissioner for the Office of Publications and the Director of Technology and Computing Systems. The external stakeholder is the public.

• Other stakeholders are the Contracts Office, Contracting Officer’s Representative (COR), and the members of the BLS team that developed the objectives listed below. The COR will be the Product Owner.

1.4 Contract Objective

The objective is to acquire proof-of-concepts that will inform BLS of potential solutions for replacing LABSTAT. Success will be measured by end user acceptance, ease of use and system maintenance, the implementation of industry best practices, and system agility to incorporate change. Industry best practices include those presented in the United States Digital Service Playbook standards (https://playbook.cio.gov) and United States Web Design System (https://designsystem.digital.gov).

The government reserves the right to utilize all information, knowledge and open source code gathered based on the contractors proof-of concepts for the development of any future requirements. The government intends to write any future requirements independently and not based solely on any one individual proof-of-concept.

2. Contract Deliverables

In order to meet the contract objectives, the Contractor shall:

a. Develop and implement a non-proprietary, modern well-designed web-based proof-of-concept of a new BLS data repository that meets the needs of internal and external users.

b. Develop, test, and deploy this new solution on a technology stack to include a modern, industry-standard open source web application development framework; a modern, open source relational database; automated testing and deployments; and capable of being hosted either on premise and/or on the cloud.

c. Maintain a tracking tool and metrics to monitor progress against the Agile Development Management Plan (ADMP), referenced below.

d. Use short development iterations; each of which will typically result in the delivery of functioning software that can be tested by internal users.

e. Create a proof-of-concept that meets the applicable accessibility standards at 36 CFR § 1194, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) under the authority of Section 508 of the Rehabilitation Act Amendment of 1998, unless a BLS exception to this requirement exists. 36 CFR § 1194, U.S. Architectural and Transportation Barriers Compliance Board (Access Board) is viewable at http://www.section508.gov.

https://playbook.cio.gov/ https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdesignsystem.digital.gov&data=02%7C01%7CWalker.Carlton%40dol.gov%7C6e92f6c04d454a92df1208d6bc4612bb%7C75a6305472044e0c9126adab971d4aca%7C0%7C0%7C636903406485513221&sdata=PT3d6O747sVk91o9IyYu3QkamLJS0TsP8h7mNxpWXJE%3D&reserved=0 http://www.section508.gov/

i. For the proof-of-concept, the Contractor does not need to meet IT Security requirements, however the Contractor will submit a description of how proof-of-concept could be modified to meet FISMA and CIPSEA requirements in the final report.

f. Build the proof-of-concept using an agile development process, and provide the code. The proof-of-concept shall:

i. Describe data observations using metadata supported by a single data model. A suggested BLS data model is included in Attachment B. However, implementation is up to Contractor to fit their solution to this data model or suggest an alternative data model.

ii. Hold six data sets: Consumer Price Index (CPI), Current Population Survey (CPS), Occupational Injuries and Illnesses (OSH), Major Sector Productivity (MSP), Current Employment Statistics (CES) and Quarterly Census of Employment and Wages (QCEW). Contractors are encouraged to visit BLS website to preview these data.

iii. Load single observations, subsets of data and complete datasets

iv. Include a query feature as described in Attachment A.

g. Provide a report that describes:

i. How the stored data and data management approach as implemented in a full repository would comply with CIPSEA and NIST Moderate SP 800-53.

ii. How the proof-of-concept could be scaled to meet the requirements of the full system, as described in Attachment A, including estimated timeline and cost of such scaling.

3. Performance Work Statement Instructions

3.1 General

The Contractor shall provide a draft Performance Work Statement (PWS) that demonstrates its plan and process for performing all the Objectives stated in Section 1.0 of this SOO and a draft Agile Development Management Plan (ADMP) which demonstrates how the management, development, implementation, testing, and maintenance the requirements described in this SOO are accomplished. After award, a final version of the ADMP will be incorporated in the PWS.

3.2 Performance Work Statement (PWS)

The PWS shall include:

a. Contact information for the Project Manager and an organizational chart showing the Contractor’s organizational hierarchy and reporting structure, with specific designation of individuals the Contractor is proposing as Key Personnel other than the Project Manager, if any.

b. Technical resources and skill sets required to develop, implement, and maintain the proposed solution.

c. The Contractor shall identify in the PWS the format and timing for data deliverables it will provide to report on progress, indicate completion and request acceptance.

d. The Contractor shall identify in the PWS, the format and timing for providing ready access to all source code, tests, documentation, deployment scripts, designs, and all other materials related to developing and deploying these capabilities.

e. The Contractor shall provide the Agile methodology to be used in development and on each iteration and how these iterations will define and document how requirement analysis (user story building), design, coding, testing, quality assurance, documentation, etc. will meet the proposed “Definition of Done.”

3.3 Agile Development Management Plan (ADMP)

a. The plan shall be linked to the PWS and shall describe the necessary activities to support the agile process.

b. The ADMP shall include:

i. A detailed process for working with the Product Manager and End Users to capture

ProductRoad Map, Epics and User Stories.

ii. A description of how user stories are to be sized, how estimation and determination of sizes shall be accomplished, and how these will correlate to iterations and throughput.

iii. A description of the “Definition of Done” will be determined to complete an iteration.

iv. A detailed process for working with the Product Owner and End Users to capture user stories, prioritize, and work-off the product backlog.

v. A specification for how many iterations will be completed, and how these iterations will define and document how requirement analysis (user story building), design, coding, testing, quality assurance, documentation, etc. will meet the proposed “Definition of Done.”

4. General

4.1 Kick-Off Meeting

The Branch of Acquisition Management, Contracting Officer, and COR shall hold a Kick-Off meeting/Post-Award Conference within 10 business days of contract award (not separately priced). The purpose is to make introductions, coordinate on deliverable and clarify any questions.

The Contractor shall provide and collaborate with the COR on agenda items for this meeting.

The contractor shall be prepared to address at a minimum the following:

-Data and information transfer of government-furnished information.

4.2 Contractors Project Manager

a. A Project Manager must be identified. There may be more than one Project Manager. The Project Manager will be a direct liaison to the Contracting Officer and COR. The Project Manager must be a senior staff member and is responsible for the supervision and management of the project. Desired skills/experience for the Project Manager include:

i. Experience in technical leadership.

ii. Ability to rapidly prioritize competing requirements.

iii. Ability to understand and simplify customer requirements.

iv. Ability to communicate end-user feedback to technical and design leads.

v. Computer Science or Engineering degree or equivalent work experience.

vi. Proven manager of Agile Software Development efforts.

vii. Proven knowledge of industry and federal standards.

viii. Strong communication skills.

b. All requests for substitutions/additions of Key Personnel must include a detailed explanation of the circumstances necessitating the proposed substitution or addition, a complete résumé for the proposed substitute or addition including skills, experience, education, training, and security level. As determined by the Contracting Officer, all proposed substitutes/additions must have qualifications that meet or exceed the qualifications of the person to be replaced.

5. Delivery Plan To ensure successful delivery of the contract deliverables, the Contractor shall:

a. Ensure and agree that all deliverables, products, licenses, designs, data, documentation, tests, user research notes, source code, configuration settings and files, and materials developed throughout this contract will be the property of BLS.

b. Ensure the proof-of-concept will be operable in the BLS Data Center or on a cloud platform for a minimum of 120 days after delivery.

c. Submit a delivery plan which includes a detailed inventory of all files, materials, etc. to ensure that BLS staff can fully use and evaluate the proof-of-concept.

5.1 Non-Disclosure Policies

The work to be performed by and the data released to the Contractor’s personnel shall be treated as sensitive and confidential in nature and is not to be discussed with or released to anyone except BLS employees assigned to work with the Contractor and other Contractor personnel working on the Contract.

The Contractor is responsible for requiring all of its employees working under this Contract, who have access to privileged information, to execute all Certifications required by the BLS.

The BLS, as it deems appropriate, may require additional certifications be completed by the Contractor at any time during contract performance.

5.2 Contractor Use of Commercial Computer Software, Including Open Source Software

Open source software is often licensed under terms that require a user to make user’s modifications to the open source software or any software that the user combines with the open source software freely available in source code form pursuant to distribution obligations in the license. In cases where the Contractor proposes to use the open source software while performing under this Contract, regardless of whether the open source software is delivered, the Contractor shall not create, or purport to create, any Government distribution obligation with respect to Government computer software deliverables. Prior to using any commercial computer software, including open source software which is considered commercial computer software, the Contractor shall evaluate each license for commercial computer software, and confirm that each of the following requirements is satisfied:

a. A license for a particular commercial computer software shall be compatible with all licenses for other commercial computer software that are or will be linked to, adapted to, integrated, combined or merged with the particular commercial computer software, including when the particular commercial computer software and the other commercial computer software are used with another computer program

b. A license for commercial computer software shall not impose a future Government obligation that is foreseeable by the Contractor

c. A license for commercial computer software shall not be terminated by the Contractor’s use of the commercial computer software in performing under the contract

d. Contractor’s cost to comply with this requirement presents no additional costs to the Government

If, as a result of the Contractor’s evaluation, the Contractor satisfies all of the requirements in the paragraphs above, then the Contractor shall provide a written summary report of the above findings to the Contracting Officer stating that the Contractor has evaluated the commercial computer software use and the commercial computer software license, and made each determination required in the paragraphs above. The Contractor shall request permission from the Contracting Officer to use the proposed commercial computer software. This notification shall include all information regarding the identification and proposed use(s) of the commercial computer software.

If the Contractor is unable to satisfy all of the requirements in the paragraphs above for a particular commercial computer software license, then the Contractor may not use the commercial computer software covered by the particular license without prior written approval of the Contracting Officer. If the Contractor wants to use the commercial computer software for which the requirements in the paragraphs above within this section are not satisfied, the Contractor shall request approval to use the otherwise prohibited subject commercial computer software from the Contracting Officer by providing written notification addressing the following:

i. The name and version number of the software;

ii. The name of applicable license(s);

iii. A brief description of the technical use and implementing approach

iv. A “yes/no” indication as to whether the Contractor has made, or will make, any modifications to the source code;

v. The software website; and

vi. An identification of the reason(s) that the Contractor was unable to make the determination in the paragraphs above.

6. Inspection and Acceptance

6.1 Overview

The Contractor shall ensure proper control and coordination of all deliverables to ensure they are on time. Unless otherwise stated, the Government will review deliverables and notify the Contractor of acceptance or non-acceptance within 5 business days. Representatives of the Contractor shall meet with the COR and other members of the Government as necessary to review status of deliverables.

6.2 Notice Regarding Late Delivery

The Contractor shall notify the COR, or other authorized representative designated in each Contract, as soon as it becomes apparent to the Contractor that a scheduled delivery will be late. The Contractor shall include in the notification the rationale for late delivery, the expected date for the delivery, and the project impact of the late delivery. Such notification in no way limits any Government contractual rights or remedies, including, but not limited to, termination.

7. Performance

7.1 Period of Performance

The proof-of-concept(s) shall be delivered within 6 months of award. The government requires 120 days of operability and accessibility after inspection and acceptance of the deliverable(s).

7.2 Place of Performance

All work shall be completed at the Contractor’s worksite.

8. Contracting Officer

8.1 Contracting Officer’s Authority

The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this Contract.

Only the Contracting Officer can authorize any such revision in writing. The Contracting Officer shall promptly countermand any action that exceeds the authority of the COR.

8.2 Contracting Officer’s Representative (COR) Authority

The COR will coordinate and manage the activities under the Contract.

[END OF SECTION C]

D-PACKAGING AND MARKING

There are no clauses in this section.

[END OF SECTION D]

E-INSPECTION AND ACCEPTANCE

[END OF SECTION E]

F- Deliveries or Performance

[END OF SECTION F]

G- CONTRACT ADMINISTRATION DATA

G1. ELECTRONIC SUBMISSION OF PAYMENT REQUEST 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.

An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to:

DOL-BLS@quickpay.dol.gov

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

(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>, Bureau of Labor Statistics, <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.

https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 mailto:DOL-BLS@quickpay.dol.gov

(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 invoic541519e that is heavy in shading or color.

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.

Inquiries regarding invoices should be e-mailed to BLSInvoiceInquiry@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>, Bureau of Labor Statistics, <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: 202-691-7796

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

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

(END OF CLAUSE)

G.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR) CLAUSE

mailto:BLSInvoiceInquiry@dol.gov https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997

(DOLAR 2952.201-70)

CONTRACTING OFFICER'S REPRESENTATIVE (COR) CLAUSE

(a) The COR of the US Department of Labor, Bureau of Labor Statistics, is hereby designated to act as contracting officer's technical representative (COR) under this contract.

(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)

G.3 CONTRACTOR’S OBLIGATION TO NOTIFY THE CONTRACTING

OFFICER OF A REQUEST TO CHANGE THE CONTRACT SCOPE (MARCH

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; 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.

G.4 SECTION 508 COMPLAINCE

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 access to 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.

http://section508.gov/ http://www.section508.gov/docs/pdfguidanceforgovernment.pdf

G.5 DOL-2018-01 PRIVACY BREACH NOTIFICATION REQUIREMENTS

(APRIL 2018)

A. Applicability

Contracting Officers shall insert this clause in all solicitations and contract actions except solicitations and contract actions that are solely for the acquisition of commercially available off- the-shelf (COTS) items.

B. 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).

C. 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:

http://uscode.house.gov/

· 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;

· 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)

(End of DOL Clauses)

G.6DOL 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 DOL Clauses)

G.7 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.

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:

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.

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.

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 maybe 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.

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

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.

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.

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.

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.

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.

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.

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.

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 SECTION G]

H-SPECIAL CONTRACT REQUIREMENTS

[END OF SECTION H]

I-CONTRACT CLAUSES

I.1 CONTRACT CLAUSES INCORPOATED BY FULL TEXT

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

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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.]

_x (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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).

(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. 6101 note).

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

(10) [Reserved]

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C.

644).

(i…