2027-R-007 Wellbeing App.pdf

SECTION A – SOLICITATION/CONTRACT FORM

SOLICITATION, OFFER AND AWARD

1. CONTRACT NO.

SOLICITATION NO.

2027-R-007

2. TYPE OF SOLICITATION

3. EFFECTIVE DATE

See Block 21

4. REQUISITION/ PURCHASE NO.

5. ISSUED BY CODE 6. ADDRESS THE OFFER TO (if other than Item 5) Office of the Sergeant at Arms United States Senate Senate Office Building Washington, DC 20510-7207

Office of the Sergeant at Arms United States Senate Attn: CONTRACT Department Washington, DC 20510-7207

SOLICITATION

7. FOR INFORMATION

CALL OR E-MAIL

A. NAME: Tonia Courtney

B. TELEPHONE NO: 202 224-5658 NO COLLECT CALLS) or EMAIL:

acquisitions@saa.senate.gov and zemirah_courtney@saa.senate.gov

8. TABLE OF CONTENTS

SEC DESCRIPTION PAGE(S) SEC DESCRIPTION PAGE(S)

PART I – THE SCHEDULE

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 22-34

B SUPPLIES OR SERVICES AND PRICE/COSTS 2-3

C STATEMENT OF WORK 3-11 J LIST OF ATTACHMENTS 35

D PACKAGING AND MARKING 11-12 K REPRESENTATIONS AND CERTIFICATIONS 36-39

E INSPECTION AND ACCEPTANCE 12-13 L INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 40-45

F DELIVERIES OR PERFORMANCE 13

G CONTRACT ADMINISTRATION DATA 14-16 M EVALUATION FACTORS FOR AWARD 45-48

H SPECIAL CONTRACT REQUIREMENTS 16-22 N CONTRACTOR PROPOSAL

OFFER (Must be fully completed by Offeror)

9. In compliance with the above, the undersigned agrees, if this offer is accepted within ____ calendar days (90 calendar days unless a different period is inserted by the Offeror) from the date of receipt of offers specified above, to furnish any of the items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the specified schedule.

10. ACKNOWLEDGEMENT OF

AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

(The Offeror acknowledges receipt of amendments to the SOLICITATION for Offerors and related documents numbered and dated:

11A. NAME AND

ADDRESS

TIN

NO

Dunn & Bradstreet

12. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OF

OFFEROR

OFFER (Type or Print)

11B. TELEPHONE NO.

11C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE

13. SIGNATURE 14.DATE SIGNED

AWARD (To be completed by Senate)

15. ACCEPTED AS TO ITEMS

NUMBERED

16. AMOUNT

In accordance with purchase orders issued under this CONTRACT

17. SUBMIT INVOICES IN ACCORDANCE with Section G.4.2 Submission of Invoices

ITEM

18. ADMINISTERED BY (If other than Item 5) CODE 19. PAYMENT WILL BE MADE BY CODE

Office of the Sergeant at Arms United States Senate Financial Department Washington, DC 20510-7205

20. NAME OF CONTRACTING OFFICER

David W. Baker

UNITED STATES SENATE (signature of Contracting Officer) 21. DATE SIGNED

IMPORTANT — Award will be made on this Form, or other authorized official written notice mailto:acquisitions@saa.senate.gov

SECTION B - SERVICES AND PRICE

B.1 Scope

The United States Senate office of the Sergeant at Arms (SAA) requires a Contractor to provide, implement, configure, host, maintain, and support a secure, fully customizable employee wellbeing application that serves as a centralized digital portal for organization-approved wellbeing programs, resources, events, educational opportunities, and engagement activities.

The application shall primarily function as a well-being resource navigation, communication, and employee engagement platform for all US Senate employees. The application will enable the SAA to promote its existing internal resources and programs while administering customizable well-being challenges, communicating with users, maintaining an interactive program calendar, and ensuring the offices of the Senate only have access to specific information pertaining to their office.

The SAA shall maintain administrative control over organization specific content, branding, resources, challenges, communications, calendar entries, links, and workgroups.

The Contractor shall provide application implementation assistance, configuration services, hosting, system maintenance, security support, technical support, administrator training, and end-user help desk services necessary to successfully deploy and operate the application.

B.2 Background

The Senate Employee Assistance (EAP) Wellbeing Program aims to provide an employee wellbeing application (here to referred to as “application”) designed to increase awareness and participation in wellbeing programs, educational opportunities, challenges, support access, events, and other internal resources. The SAA is expanding the number of viewers and App offerings, therefore, the SAA needs a centralized, easily accessible digital platform so that every employee can locate resources, learn about upcoming opportunities, and participate in Senate sponsored wellbeing activities.

Currently, the SAA’s well-being information is communicated or accessed through limited channels. A dedicated well-being application will provide a centralized point of access and allow the EAP to establish a consistent, and recognizable well-being program presence. The application is intended to complement and integrate the EAP’s existing internal programs, resources, support services, learning systems, and other employee services. The application emphasis shall be resource navigation, communication, engagement, and customizable wellbeing challenges; not clinical or direct employee support services.

B.3 Pricing

Firm Fixed Pricing (FFP) listed in Attachment 1- Pricing Table, shall be fully burdened with all administrative costs, inclusive of local travel, local transportation, and other direct costs (ODCs).

B.4 Award Type

The SAA will issue an FFP contract.

B.5 Term

The term of this Contract is one (1) 12-month base period and one (1) 12-month option period.

Exercise of options will be in accordance with Section H.9 Exercise of Options.

B.6 Price Re-determination and Adjustment

The Contractor may offer a price reduction at any time, effective upon the date offered by the Contractor, applicable to all services performed on or after the effective date. Price increases must be mutually agreed to and incorporated into the Contract through a modification hereto.

SECTION C - STATEMENT OF WORK (SOW)

C.1 General

C.1.1 During the Contract term, Contractor shall be a United States company with an active registration in the System for Award Management (SAM) database, https://www.sam.gov/.

However, the SAA may provide the solicitation and award to a contractor that is not registered in SAM if it is in the best interest of the Senate. If the Contractor is registered in SAM, they shall ensure that all information contained in its SAM registration remains current, complete, and accurate during the period of performance of an award and until final payment is made by the Senate, if applicable. Contractor shall provide a .pdf copy of its current SAM registration with its proposal to the SAA, if applicable.

C.1.2 The Contractor shall provide a commercially available, fully customizable wellbeing application with associated implementation, hosting, maintenance, technical support, and administrative services. The application shall be able to provide the number of users to the SAA system administrator. The SAA system administrator must be able to increase or decrease the number of users based on the Seante users’ needs.

The required technology application shall be an engagement portal customed to:

a) establish a centralized digital portal for Senate approved wellbeing resources, programs, events, customizable content and services;

b) improve employee awareness of existing internal resources;

c) provide a consistent and recognizable digital presence for the EAP program;

d) support participation through interactive, customizable wellbeing challenges;

e) enable the EAP to create targeted experiences for employee workgroups;

f) provide an interactive calendar for employees to identify upcoming programs, access registration, and learning opportunities;

g) allow EAP administrators to update content without requiring vendor intervention for routine changes;

https://www.sam.gov/

h) improve the EAP’s ability to communicate timely wellbeing information;

i) provide employees with convenient mobile and/or web-based access to well-being resources; and

j) provide flexibility to modify content, branding, campaigns, challenges, and resources as organizational priorities change.

C.2 Requirements

C.2.1 The Application

C.2.1.1 The application will serve as a centralized portal for users to access EAP selected resources. The Senate shall retain editorial control over specific content; routine content changes shall not require software development or a separate professional service engagement. EAP administrators shall be able to create, edit, organize, publish, unpublish, and update content on the application including:

a) resource descriptions;

b) website links;

c) internal service links;

d) program information;

e) images and graphics;

f) printable files;

g) videos or links to videos; educational materials;

h) event information;

i) contact information; and

j) Other Senate approved well-being content.

C.2.1.2 The application shall permit authorized administrators to establish separate user groups, communities, cohorts, or workgroups. The EAP administrators shall retain centralized administrative visibility and management capabilities as authorized by the Senate. The EAP shall be able to assign users to designated workgroups and make specified content, events, communications, and/or challenges available only to designated groups. Workgroups shall be logically segregated. Users assigned to one workgroup shall not be able to:

a) view another restricted workgroup;

b) view the membership of another restricted workgroup;

c) access content designated exclusively for another restricted workgroup;

d) view another restricted workgroup's challenge participation or results; or

e) search for restricted workgroups unless specifically authorized.

C.2.1.3 The Contractor should provide an interactive and administrator configurable calendar.

The calendar should be designed to function as an engagement, navigation tool, and EAP administrators shall be able to:

a) create and edit events;

b) delete or archive events;

c) include event descriptions;

d) identify event dates and times;

e) identify whether an event is virtual, in-person, or hybrid;

f) include registration links;

g) include hyperlinks to the Senate's Learning Center or other designated internal systems;

h) link users directly to approved registration or informational pages;

i) display recurring events where supported; and

j) publish events to all users or designated workgroups.

C.2.1.4 Prior to production deployment, the Contractor shall provide the EAP with an opportunity to review and approve the configured environment. No material change to Senate approved branding shall be implemented without authorization from the Contracting Officer or designated COR. The Contractor shall explain in its proposal which customizations may be completed directly by EAP administrators, and which will require Contractor assistance. The Contractor shall configure the application to reflect the EAP’s wellbeing program identity. Customization shall include, if technically supported:

a) program name and logo;

b) approved graphics;

c) welcome messaging;

d) homepage content;

e) navigation labels;

f) Resource categories;

g) challenge graphics;

h) calendar content;

i) administrative content;

j) links;

k) notifications; and

l) other configurable user-facing elements.

C.2.1.5 The application shall be free from commercial advertising directed at Senate users. The Contractor shall not use the application to:

a) advertise third-party products or services;

b) promote upgrades directly to users; Cross-sell Contractor products;

c) display sponsored content;

d) sell products;

e) solicit users for unrelated services;

f) provide targeted commercial advertising; or

g) use Senate user information for advertising or marketing purposes.

Any Contractor branding that cannot be removed because it is inherent to the commercial application shall be clearly identified in the proposal. The Contractor shall not contact users for marketing purposes based upon their use of the EAP sponsored application.

C.2.1.6 The Contractor shall ensure administrative and end user portals work on standard browsers and are viewable and interactive on both desktop and mobile devices (e.g., tablets and mobile phones).

C.2.2 Information Security Requirements

C.2.2.1 The Contractor shall maintain an information-security program appropriate to the nature of the application, information processed, and risks associated with the service.

C.2.2.2 The Contractor shall describe how its cybersecurity program aligns with Senate recognized cybersecurity practices or equivalent industry standards. Compliance with a commercial security certification shall not relieve the Contractor of any Senate specific cybersecurity requirement in Attachment 6, U.S. Sergeant at Arms Standard Operating Procedures (SOPs) for Cybersecurity.

C.2.2.3 The Contractor shall cooperate with the Senate’s cybersecurity review and authorization processes. At a minimum, the Contractor shall:

a) Encrypt Senate data in transit using currently supported secure protocols;

b) Encrypt Senate data at rest where applicable;

c) Implement role-based access controls;

d) Apply the least privileged principles to administrative access;

e) Maintain logging appropriate to security monitoring and incident investigation;

f) Maintain vulnerability management and security patching processes;

g) Maintain secure software development and change management practices;

h) Maintain documented incident-response procedures;

i) notify the Senate of confirmed or reasonably suspected security incidents affecting organizational information in accordance with the timeframe established by the contract;

j) Cooperate with security investigations involving the contracted service;

k) identify all subcontractors or sub processors that may access, process, transmit, or store

Senate information;

l) disclose where Senate data will be stored and processed;

m) provide available independent security assessment documentation upon request, subject to appropriate confidentiality protections;

n) maintain appropriate backup, recovery, and business continuity capabilities;

o) securely dispose of Senate data upon contract termination in accordance with contract requirements;

p) prohibit the sale of Senate or user information;

q) prohibit the use of identifiable Senate user information for advertising; and

r) collection of user information shall be reasonable and necessary to perform the services outlined in the requirements.

C.2.2.4 The Contractor shall support secure user authentication. The proposed application shall describe its ability to integrate with the Senate’s designated identity and access management environment, OKTA, and including applicable support for industry standard federation protocols such as Security Assertion Markup Language (SAML) 2.0 and/or OpenID Connect (OIDC). The Contractor shall identify:

a) Supported single sign-on methods;

b) Supported authentication protocols;

c) Multi-factor authentication capabilities;

d) User provisioning and deprovisioning capabilities;

e) Administrative account authentication controls;

f) Session management controls;

g) Account lockout or equivalent protections; and

h) Technical requirements for integration.

C.2.2.5 Authentication and federation capabilities should be designed and consistent with applicable Senate security requirements and current digital-identity practices. The final authentication architecture shall be subject to the Senate’s cybersecurity review and approval.

C.2.3 Wellbeing Challenges

C.2.3.1 The application should support multiple types of well-being challenges and shall not limit challenges exclusively to physical activity or step counting. The application shall provide functionality that gives EAP administrators the ability to create and manage customized wellbeing challenges. At minimum, administrators shall be able to configure:

a) Challenge title;

b) Challenge description;

c) Start and end dates;

d) Eligibility or participating population;

e) Individual and/or team participation;

f) Goals or completion criteria;

g) Activities to be completed;

h) Images or graphics;

i) Instructions;

j) Progress indicators;

k) Communications and reminders;

l) Rewards/incentive features;

m) Participant-facing messaging; and

n) Challenge completion messaging.

C.2.3.2 Where activity or device integrations are offered, the Offeror shall identify which integrations are included in the proposed price and which require additional licensing or fees.

C.2.4 Implementation and Deployment

C.2.4.1 Within five (5) business days after award the Contractor shall conduct a kick-off meeting.

C.2.4.2 The Contractor shall designate a Project Manager to serve as the primary point of contact during implementation.

C.2.4.3 Within five (5) business days after the kickoff meeting the Contractor shall provide a written implementation plan to configure and launch the application containing, at minimum:

a) Project milestones;

b) Assigned Contractor personnel;

c) Senate EAP dependencies;

d) Configuration activities;

e) Branding activities;

f) Authentication/integration activities;

g) Content loading activities;

h) Cybersecurity review activities;

i) Administrator training; Testing;

j) User acceptance testing;

k) Production deployment; and

l) Post-launch support.

C.2.4.4 During implementation, the Contractor shall conduct weekly implementation status meetings with designated EAP representatives. The Contractor shall provide a concise written status report one (1) business day before each meeting that contains:

a) activities completed during the prior reporting period;

b) activities planned for the next reporting period;

c) overall schedule status; Upcoming milestones;

d) open action items;

e) responsible party for each action;

f) decisions required from the Senate;

g) risks and issues;

h) proposed mitigation measures; and

i) items that could affect the production deployment date.

C.2.4.5 Following production deployment, operational meetings shall occur monthly for the first three (3) months and quarterly thereafter, unless otherwise directed by the Contracting Officer’s Representative (COR).

C.2.5 Training

C.2.5.1 The Contractor shall provide initial administrator training before launch. Training shall address, as applicable:

a) Creating and modifying challenges;

b) Adding and editing resources;

c) Calendar administration;

d) Workgroup creation and management;

e) User administration;

f) Access code management;

g) Branding/configuration options;

h) Communications and notifications;

i) Reporting; Administrative permissions; and

j) Support escalation.

C.2.5.2 The Contractor shall provide current administrator documentation and user guidance electronically within five (5) business days after contract award.

C.2.6 Compliance

C.2.6.1 The Contractor shall ensure website complies with all applicable federal data security, privacy, and accessibility laws and standards. The Contractor shall maintain the application throughout the contract period, including:

a) Routine maintenance;

b) Security updates;

c) Software patches;

d) Defect correction;

e) Mobile operating system compatibility updates;

f) Supported browser compatibility;

g) Infrastructure maintenance; and

h) Updates necessary to maintain the contracted functionality.

C.2.6.2 The Offeror shall disclose its standard service availability commitment and maintenance window practices. Planned maintenance expected to materially affect users shall be communicated to the Senate in advance whenever practicable.

C.2.7 Enrollment

C.2.7.1 The Contractor shall provide a Senate-specific access method via registration, enrollment, invitation, or activation code, a process for the code to be changed quarterly as well as the following:

a) Support quarterly access-code changes at no additional charge;

b) Coordinate the effective date of each change with the EAP;

c) Provide advance instructions to administrators regarding the change;

d) Ensure that changing the code does not terminate valid existing user accounts unless specifically requested;

e) Prevent use of expired codes for new registrations; and

f) Provide an expedited process for changing a code outside the quarterly cycle if the EAP determines that a code has been compromised.

C.2.7.2 Where technically feasible, the EAP Administrators should be able to change or deactivate the code through an administrative console without Contractor intervention.

C.2.8 Administrative Portal

C.2.8.1 The administrative portal shall provide administrators with sufficient reporting to evaluate usage and engagement without exposing sensitive individual information. Reporting should include, if applicable:

a) number of registered/activated users;

b) active-user counts;

c) challenge participation;

d) challenge completion;

e) resource engagement;

f) event/calendar engagement;

g) aggregate workgroup engagement; and

h) other standard platform-utilization metrics.

C.2.8.2 The Offeror shall identify what reporting is available at the aggregate and individual level and what information is collected to produce such reporting. The Senate reserves the right to limit collection or availability of individually identifiable wellbeing information.

C.2.8.3 Senate content and data remain the property of the Senate to the extent provided by the Contract.

C.2.8.4 The Contractor shall not assert ownership over Senate-created content, Senate branding, or Senate-provided resources.

C.2.8.5 Upon request, the Contractor shall provide available Senate data in a commonly readable or mutually agreed format and securely dispose of remaining Senate data according to contractual requirements, subject to applicable legal retention obligations.

C.2.9 Help Desk/Call Center Support

C.2.9.1 The Contractor shall provide a Help Desk/Call Center to assist registrants and EAP Administrators with technical support during the hours of 8:00 am to 8:00 pm ET excluding weekends and holidays.

C.2.9.2 The Contractor shall provide technical support for users experiencing application related problems. At a minimum, user support shall include:

a) account-access assistance;

b) application functionality assistance;

c) password/authentication troubleshooting within the Contractor's responsibility;

d) mobile application troubleshooting;

e) browser/application compatibility assistance;

f) challenge functionality support; and

g) escalation of unresolved technical issues.

C.2.9.3 The Contractor shall provide users with a clearly identified support mechanism, such as an email address, support portal, or in-application support function.

C.2.9.4 The Contractor shall not refer routine application technical-support requests to EAP wellbeing-program personnel when the issue concerns application disfunctions.

C.2.9.5 The Contractor shall also provide an escalation path for EAP administrators.

C.2.9.6 Critical issues affecting application availability, security, or a substantial portion of the user population shall receive priority handling under the Contractor's service-level procedures.

C.3 Deliverable Schedule

Deliverable Due Date Kickoff Meeting Documentation Within five (5) business days after contract award.

Detailed Implementation Plan Within five (5) business days after the kickoff meeting.

Weekly Implementation Status Report At the end of each work week during the implementation phase.

Administrator Documentation and User Guide Within five (5) business days after contract award.

Help Desk / Technical Support Services Reporting

As requested by the COR.

SECTION D - PACKAGING AND MARKING

D.1 Marking of Reports

All information submitted, including but not limited to, forms, reports, or data to the Contracting Officer or Contracting Officer Representative, shall be prepared for shipment in accordance with best commercial practices; and clearly indicate the Contract number for which the information is being submitted. Technical data ordered by the Senate must be packaged, packed, and marked in accordance with the best commercial practices. Costs are the responsibility of the Contractor.

D.2 Packing and Packaging

Preservation, packaging, and packing for all items delivered hereunder shall be in accordance with best commercial practices and adequate to ensure acceptance by common carriers and safe arrival at the destination. Packing and packaging materials shall provide protection from abuse during handling and from environmental, magnetic, and electrical damage during handling and subsequent future storage, possibly under less than desirable conditions.

D.3 Shipping and Deliveries

D.3.1 Deliveries will be made to the SAA or the U.S. Senate, F.O.B. Destination, and subject to

Senate security procedures. The security procedures are subject to change as the situation warrants and may entail the inspection of packages and/or off-site inspection of delivery vehicles, see Attachment 5, Senate Delivery Procedures.

D.3.2 The term "F.O.B. Destination," means supplies will be delivered to the destination specified by the SAA. The SAA will not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery of the supplies to the destination, unless such charges are caused by an act or order of the SAA acting in its contractual capacity.

D.3.3 The Contractor is responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point.

SECTION E – EVALUATION, INSPECTION AND ACCEPTANCE

E.1 Definitions

E.1.1 The term "Services," as used in this Section, includes services, workmanship, and documentation furnished or utilized in the performance of services, records, and information from the Contractor relating to contract administration functions.

E.1.2 The term "Acceptance," as used in this Section, means the act of Contracting Officer or other authorized representative of the SAA by which the SAA assumes for itself, or approves specific services, as partial or complete performance of the Contract.

E.1.3 The term "Correction," as used in this Section, means the elimination of a defect by the Contractor.

E.2 Responsibility for Evaluation and Acceptance

The COR is responsible for performing evaluation and ensuring adequate records are kept supporting acceptance or rejection. Acceptance will be made by the COR; rejections, if necessary, will be made by the SAA Contracting Officer. Acceptance of the services provided will be accomplished by the applicable COR through evaluation.

E.3 Inspection - General Requirements

E.3.1 The SAA shall have the right with reasonable notice to send its representative into areas assigned for the Contractor employees' use at any time for inspection or other purposes approved by the Contracting Officer.

E.3.2 All SAA facilities utilized by the Contractor in performance of work under this Contract shall be subject to inspection by the SAA or its delegates.

E.3.3 The SAA shall permit access and provide the necessary means to do so for all services provided by the Contractor under this Contract.

E.4 Inspection of Goods/Services

E.4.1 The SAA has the right to inspect and evaluate all goods and services provided or performed under this Contract at all reasonable times and in a manner that will not unduly delay the work.

E.4.2 If any of the goods or services provided or performed are found not to conform with Contract requirements, the SAA may require Contractor to provide a correction or to re-perform the services again in conformity with Contract requirements, at no increase in Contract amount. The goods and services offered to the SAA must, at a minimum, include the technical features and functionality certified by the Contractor and such portions or elements of the Contractor's proposal as incorporated into the Contract.

E.5 Responsibility for Inspection and Acceptance

Acceptance of the products or services provided will be accomplished by the cognizant COR or his or her designees through inspection and quality assurance in accordance with the Contract.

The COR or his or her designees will inspect or review the goods/services provided by the Contractor to ensure conformance to the applicable specifications and requirements set forth in this Contract, including those portions of the Contractor's proposal incorporated into the Contract.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Deliverable Item

The Contractor shall complete all work hereunder in accordance with the Contract, including delivery of all goods and services, effective from the date of the Contract and/or notice to proceed.

All plans and reports shall be delivered in the most current Microsoft format. Text items shall also be delivered as notes in the most current Microsoft Word format. Microsoft PowerPoint may be used to assist the Contractor in its oral presentations.

F.2 Hours of Operation

The Contractor shall be available to perform services during normal Senate operating hours Monday through Friday 8:00a.m. to 8:00p.m. ET excluding weekends and holidays.

F.3 Place of Performance

The place of performance will be the at the United States Capitol Complex, Washington, DC.

F.4 Delay in Performance

The Contractor shall be liable for default unless non-performance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy and acts of the Government in either its sovereign or contractual capacity.

SECTION G - ADMINISTRATION

G.1 Contracting Officer

Administration of this contract will be performed by the Sergeant at Arms Contracting Officer or the Contracting Officer’s delegates. The Contracting Officer is authorized to make modifications and render decisions, including but not limited to, changes in the scope of work and monetary additions or deletions, subject to the United States Senate authority delegated to them. No changes shall be effective without a modification of the contract. All communications pertaining to administrative matters under this contract should be addressed to:

David W. Baker Contracting Officer

Telephone Number: 202-224-2547 Email: david_baker@saa.senate.gov

G.2 Contracting Officer's Representative

G.2.1 The Contracting Officer will designate a COR for this Contract. The COR is assigned the responsibility to (a) provide technical direction to the Contractor within the constraints of the SOW, (b) monitor and oversee the daily performance of the Contractors, (c) realign constants resources to fulfill requirements as long as limits, if specified are not exceeded, (d) authorize all invoices for payment, and (e) perform final inspection and acceptance of all deliverables including reports and invoices. If the invoice is not acceptable for certification, the Contracting Officer shall be notified in writing with the detailed reason for rejection. Additionally, the COR will inspect, accept, or reject all work performed and resolve day-to-day matters directly with the Contractor.

G.3 Identification of Correspondence

All correspondence and data submitted by the Contractor under this contract shall reference the contract number, when applicable.

G.4. Payment and Invoicing

G.4.1 The Contractor shall email invoice(s) in PDF format to AP@saa.senate.gov after acceptance of services and/or deliverables by the COR or EAP POC. Do not email invoices to the Contracting Officer, the Contracting Officer’s Representative, the Buyer, POC or include the invoices with physical deliveries. Contractor questions regarding payment status should be directed to the email address above.

G.4.2 The SAA shall make payment to the Contractor after receipt and acceptance of invoices and mailto:AP@saa.senate.gov approval by the Contracting Officer or the Contracting Officer’s designee. The SAA is not bound to the payment due dates on the vendor’s invoice and will pay within a reasonable time. The SAA does not pay state and local sales taxes, late payment fees, interest, penalties, or equivalent charges. All Contractor Specific Terms requiring the U.S. Senate to pay any future fees, charges, or penalties are hereby rejected. The SAA is not subject to the Prompt Payment Act, 31 U.S.C.

§ 3901 et. seq.

G.4.3 The invoice shall contain at a minimum: the company letterhead with name, address, telephone number, remittance address, Accounts Receivable department email address, invoice number, billing date, account number, amount due, purchase order number and line number; a description of the product and / or service including quantity and unit cost with reference to the purchase order line number; and period of performance for services rendered.

The invoice line numbers and descriptions must match the Contract.

Invoices must be submitted monthly or as specified in the Contract.

G.4.5 For Labor-Hour contracts, the Contractor shall provide, at a minimum, an invoice that reflects a breakdown by task, hourly rate, and hours worked and billed. The invoice shall match individual reports submitted to the SAA every two weeks for use by the COR in reconciling and verifying invoices for payment.

G.4.6 Electronic invoices for payment must be submitted as a non-editable, searchable Portable Document Format (PDF) file. The Contractor shall ensure invoices are submitted in the correct format, are legible, and contain the required information. Invoices are subject to acceptance and will be rejected and returned to the Contractor for correction if in error or incomplete. Invoices shall be emailed to AP@saa.senate.gov. The subject line of the email must contain the vendor name, purchase order number, and invoice number.

G.4.7 Payments are made by direct deposit. Contractor shall contact the Senate Disbursing Office (Vendor_Requests@Disbursing.Senate.gov) to enroll in the direct deposit payment service.

Contractor shall provide the Disbursing Office with a current IRS Form W-9 and signed SAA substitute W-9 form deposit. If Contractor does not support direct deposit, Contractor shall allow an additional two-to-four weeks for check payments mailed through the United States Postal Service (USPS).

G.5 Electronic Funds Transfer Payment

G.5.1 The United States Senate Disbursing Office (“Disbursing Office”) on behalf of the SAA may elect to send the Contractor a Payee/Company Information Form to be completed and signed by the appropriate company official.

G.5.2 The Contractor shall designate a single financial agent capable of receiving and processing the electronic funds transfers (EFT). The Contractor shall pay all fees and charges for receipt and processing of transfers.

G.5.3 If an uncompleted or erroneous transfer occurs because the Disbursing Office failed to use the Contractor provided EFT information in the correct manner, the U.S. Senate remains responsible for (a) making a correct payment, and (b) assisting Contractor in the recovery of any erroneously directed funds.

G.5.4 If an uncompleted or erroneous transfer occurs because Contractor provided EFT information was incomplete at the time of Disbursing Office release of the EFT payment transaction instruction to the Federal Reserve System, and (a) the funds are no longer under the control of the payment office, the SAA is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or, (b) if the funds remain under the control of the payment office, the SAA retains the right to either make payment by mail or suspend the payment.

G.5.5 The Contractor agrees that the Contractor's financial agent may notify the SAA of a change to the routing transit number, Contractor account number, or account type. The Contractor agrees that the information provided by the agent to the SAA is deemed to be correct information as if it were provided by the Contractor.

SECTION H - SPECIAL REQUIREMENTS

H.1 Order of Precedence

Any inconsistencies in this Solicitation or contract shall be resolved by giving precedence in the following order:

a) The schedule of services of this Contract and the SOW;

b) The Assignment, Disputes, Payments, Invoice, and Compliance with Laws paragraphs of this Contract;

c) Addenda to Contract;

d) Other documents, exhibits, and attachments to the contract including, but not limited to, the Contractor's proposal or quote.

H.2 Interpretation of Requirements

No interpretation of any provision of this contract, including applicable specifications, shall be binding on the SAA unless furnished or agreed to in writing by the Contracting Officer.

H.3 Key Personnel

H.3.1 The Offeror shall propose key personnel during the contract’s period of performance.

Key personnel may not be changed or reassigned during the first ninety (90) calendar days of performance without the prior written approval of the Contracting Officer or COR, which shall not be unreasonably withheld.

H.3.2 During the period of performance of the contract, key personnel substitutions shall not be permitted unless such substitutions are necessitated by an individual's sudden illness, personal hardship, death or termination of employment or requested by the Contracting Officer or COR.

In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information required in paragraph H.3.3.

H.3.3 All proposed substitutions must have qualifications that are equal to or higher than the qualifications of the person to be replaced. The Contracting Officer or designee will evaluate such request and will notify Contractor of the SAA's approval or disapproval thereof of substitutions within twenty (20) business days.

H.3.4 The SAA reserves the right to approve or disapprove the assignments of all personnel assigned to the performance of this Contract or any task order issued hereunder.

H.4 Information Security System and Malware-Free

H.4.1 In performing this contract, the Contractor is subject to Senate information technology (IT) data and system security procedures (See Section H.10) and by its continuing performance of this contract certifies that all components of any IT systems including all hardware and software it uses or provides are free of known malicious code, including but not limited to ransomware, viruses, or Trojan horses, or any other known threats to the Senate IT environment.

H.4.2 The Contractor shall perform regular security control reviews of its system(s) and shall ensure that all hardware and software security updates (including, but not limited to, anti-malware updates, operating system and application security patches, firmware updates, and related actions) and any other remediation processes deemed necessary by the SAA are tested and applied prior to connecting said systems to the Senate IT infrastructure. Systems (including, but not limited to, hardware, software, firmware, cloud, or related systems) not required to support performance of this contract shall not be installed by the Contractor in the Senate IT environment if not first identified and approved in writing by the SAA.

H.4.3 The SAA shall reserve the right to perform or have a third party perform, as necessary, vulnerability assessments and any other analysis of Contractor system(s) used within the Senate IT environment and take any necessary action to ensure that these systems do not threaten the confidentiality, integrity, or availability of Senate information systems. The Contractor shall remediate any issues raised by the SAA in a manner approved by the SAA IT security branch prior to returning systems to normal operations within the Senate environment.

H.4.4 The Contract entered into by and between the Contractor and the SAA and any applicable signed invoices submitted for services provided by the Contractor to the SAA shall constitute the Contractor's acceptance and compliance with the terms and conditions set forth in this section.

H.5 Reserved.

H.6 Modifications and Additions/Adjustments

Administrative changes, e.g. address corrections, are approved by the Contracting Officer. All other changes, modifications, additions, or deletions, which change the scope of this Contract, must be prepared in writing, as formal modifications, and signed by both parties. Modifications may be subject to approval by the Committee on Rules and Administration, pursuant to the Senate Procurement Regulations.

H.7 Severability

If any portion of this Contract is determined to be either contrary to law or otherwise unenforceable, then that provision will be deemed to be omitted from the Contract, but only to the extent necessary to relieve the deficiency. All other provisions of the Contract, including such portions of the omitted clause as are not determined to be contrary to law or unenforceable, will remain in full force and effect.

H.8 Reserved.

H.9 Exercise of Options

After the base term, this Contract is renewable in one-year increments, at the discretion of the SAA, for up to one (1) additional period. The Contracting Officer will give written notice of intent to renew to the Contractor before this Contract is to, for each subsequent option period after the base year. Solicitations for similar products or services may be issued by the SAA prior to the expiration of this Contract.

H.10 Security

H.10.1 The Contractor shall comply with the latest version of Senate Standard Operating Procedures (SOPS) for Cybersecurity.

H.10.2 This clause is only applicable to contracts with personnel who meet the following criteria:

a) have been or will be issued a Senate ID badge ordered by the SAA to allow for unescorted access to Senate buildings.

b) will conduct work that requires access to the Senate network; or

c) have been or will be issued a SAA device, including laptop, tablets, or mobile phones.

H.10.2.1 Contractor personnel are required to be citizens of the United States of America (U.S.)

or meet the eligibility requirements for Government of the United States employee compensation as specified in Public Law 111-117, Section 704.

H.10.2.2 The United States Capitol Police (USCP), on behalf of the Senate, shall conduct background checks for all Contractor personnel that require unescorted access to Senate buildings or access to the Senate network and/or systems. Individual Contractor personnel shall provide (on forms to be provided by the Senate) all of the following information to the Contracting Officer or his/her designee for each of the Contractor personnel that require background checks:

a) U.S. Senate Contractor Background Information Questionnaire

b) Non-Disclosure Certification Form

c) Software and Security Certification Form

d) U.S. Sergeant at Arms Standard Operating Procedures (SOPS) for Cybersecurity (latest version) Cybersecurity Responsibilities Acknowledgement

The individual Contractor personnel shall also provide all of the following information to the USCP or his/her designee, as required:

e) USCP Form CP-491 Request for Check for Criminal History Records

f) Certification of eligibility to work in the United States

g) FD-258 Fingerprinting Card (if applicant is outside of Washington Metropolitan area)

This information shall be provided to the Contracting Officer or his/her designee at least two weeks prior to assigning personnel to work under this Contract. Upon notification, Contractor personnel located within the Washington Metropolitan area shall promptly report to the USCP Fairchild Building for fingerprinting. Contractor personnel located outside of the Washington Metropolitan area shall proceed to their local law enforcement agency for fingerprinting.

H.10.2.3 Contractor personnel that require background checks shall not commence work on this Contract until such time as the Contractor is notified, in writing, by the Contracting Officer or their designee that an individual's background check has been completed and approved or that a temporary waiver has been granted until such time as the background check is completed. Such notification shall be made by the SAA as expeditiously as practicable following the submission of all the documentation specified in H.4.3.2 above. Contractor personnel that do not require unescorted access to Senate buildings or access to the Senate network and/or systems may perform work upon the Contract commencement date.

H.10.2.4 The Contractor shall immediately inform the SAA when there is a change in the eligibility status to work in the U.S. of any Contractor personnel performing under this Contract. The Contractor shall immediately remove any Contractor personnel when information is obtained that makes the Contractor believe that person has ceased to be a responsible individual and should no longer work under this Contract.

H.10.2.5 The Contractor is responsible for duly informing their contractor personnel of the reporting requirement as specified in H.10.2.5.1 below.

H.10.2.5.1 Contractor personnel who were notified that their background check was completed or approved must inform SAA Human Resources if they were arrested by law enforcement, convicted of violating a criminal statute (including pleas of guilty and nolo contendere) or issued an arrest warrant during the duration of their contract or agreement within two (2) business days of the arrest or conviction. Under no circumstances may an individual be authorized to use or attempt to use the fact of their connection with the Senate as a means of escaping criminal arrest, prosecution, or liability (including for traffic violations). Contractor personnel must disclose this information to SAA Human Resources directly via email at SAAbackgrounds@saa.senate.gov.

H.10.2.6 Contractor personnel must complete background checks prior to their initial contract or agreement term and prior to each time their contract or agreement renews (excluding when an option period is exercised), regardless of the awardee.

mailto:SAAbackgrounds@saa.senate.gov

H.10.2.7 Contractor personnel must complete a background check if their employer assigns them to a different Senate contract.

H.10.2.8 Contractor personnel must complete a background check if they previously left the contract and then return to the same active contract.

H.10.2.9 At a minimum, contractor personnel must complete a background check every six (6) years.

H.10.2.10 The Contractor shall incorporate the terms of this Section in any agreement with subcontractors, third-party partners, and suppliers furnishing supplies or services under this Contract.

H.11 Intellectual Property Rights

The SAA shall have unlimited, royalty free, rights in all data and products produced in the performance of this Contract, and in all products and data delivered under this contract (except for restricted computer software) including software, technical data, manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use.

The term "Software" as used in this Section means computer programs, computer databases, and documentation thereof. The term also includes data identifying its source, functional characteristics, and performance characteristics, and specifically includes the source code, algorithm, processes, formulae, and flow charts of the software.

The Contractor agrees that all intellectual and data rights in the software shall become the exclusive property of the U.S. Senate. The Contractor agrees to transfer all rights, title, and interest in the software to the U.S. Senate. With respect to manuals concerning pre-existing Contractor products, the U.S. Senate shall have an unlimited license to use copies of these manuals.

If the Contractor creates for the Senate any software (“Developed Work”) as specified in the Contract issued hereunder, all the Contractor's services shall be considered work for hire and the Senate shall have all rights of ownership in the Developed Work. The U.S. Senate shall have a non-exclusive right to use any software received from the Contractor to the extent embedded in the Developed Work. The Contractor shall have no rights in Developed Work except as mutually agreed to in advance in writing by the parties.

The Contractor grants to the U.S. Senate a non-exclusive, perpetual, non-transferable royalty free license to use the ideas, know-how, or techniques, which may be used or provided by the Contractor as a result of performing the Statement of Work issued hereunder, including any enhancements made to the Contractor's software source code or to the documentation.

Intellectual property rights shall convey to the U.S. Senate upon full payment for all products and data delivered under this Contract.

H.12 Restricted Rights Software

The Contract shall notify the COR if the Contractor will use its proprietary information in the performance of this Contract. Contractor's proprietary information is provided to the U.S. Senate in accordance with the terms of the Contractor's license that is provided with the Contractor's or third-party equipment supplied by Contractor for the Senate under this contract. The Contractor represents and warrants that its proprietary information was developed at private expense and contain confidential information or trade secrets of the Contractor or its suppliers and licensors.

H.13 Liability

H.13.1 Workers' compensation and employer's liability

The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

H.13.2 General Liability

a) The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

b) Property damage liability insurance shall be required only in special circumstances as determined by the Senate's Contracting Officer.

c) Automobile liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the Contract.