24Q0002.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

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

OFFEROR

FSIS-OAS-ACQUISITION

BELTSVILLE MD 20705-5230

5601 SUNNYSIDE AVENUE

MAILDROP 5230

USDA, FSIS, OAS, ACQUISITIONS

CODE 16. ADMINISTERED BYCODE

X

X

334516

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORFSIS-OAS-ACQUISITION

REQUEST FOR

PROPOSAL

(RFP)

INVITATION

FOR BID (IFB)

10. THIS ACQUISITION ISCODE

REQUEST FOR

QUOTE (RFQ)

14. METHOD OF SOLICITATION

13b. RATING

NORTH AMERICAN INDUSTRY

CLASSIFICATION STANDARD

(NAICS):

SMALL BUSINESS

11/27/2023 1200 ET

10/25/2023

301-851-4319ERIC SCHNITZLER

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

123A9424Q0002

5. SOLICITATION NUMBER

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

1 4 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

Multiple Destinations

15. DELIVER TO

BELTSVILLE MD 20705-5230

5601 SUNNYSIDE AVENUE

MAILDROP 5230

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,000

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

ISSUE DATE

DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS THIS CONTRACT IS A RATED

ORDER UNDER THE DEFENSE

PRIORITIES AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

8(A)

USDA, FSIS, OAS, ACQUISITIONS

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The United States Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) has a requirement to provide Pathogen Screening Technology to all of FSIS Laboratories. In accordance with FAR 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services, the Government anticipates awarding a Firm-Fixed Price (FFP) Indefinite Delivery Indefinite Quantity (IDIQ) contract based on overall best value.

Period of Performance: 01/05/2024 to 01/04/2029

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

HEREIN, IS ACCEPTED AS TO ITEMS:

DATED

MONIKA B. MASEI

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Government Use Only)

OFFER

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT: REFERENCE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 11/2021) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 BASE YEAR: Pathogen Screening Technology YR forSalmonella, Listeria monocytogenes and

Campylobacter. The Contractor shall provide in accordance with PWS all pathogen screening technology to include: kits, reagents, screening instrument and service of equipment.

- Annual Rental of Equipment (for each Laboratory)

- Annual Service Agreement (in not included in

Rental price)

- Unit Price Per Kit

Product/Service Code: W066

Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- INSTRUMENTS AND LABORATORY EQUIPMENT

Delivery: 01/04/2025

Delivery Location Code: FSIS-OPHS-WL-ALBANY

USDA, FSIS, OPHS, WL, WRRC, ARS

800 Buchanan Street

Albany CA 94710 US

Period of Performance: 01/05/2024 to 01/04/2025

0002 Option Year 1: Pathogen Screening Technology for YR

Salmonella, Listeria monocytogenes and

Campylobacter. The Contractor shall provide in accordance with PWS all pathogen screening technology to include: kits, reagents, screening instrument and service of equipment.

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

4 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

123A9424Q0002

- Annual Rental of Equipment (for each Laboratory)

- Annual Service Agreement (in not included in

Rental price)

- Unit Price Per Kit

(Option Line Item)

01/05/2025

Product/Service Code: W066

Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- INSTRUMENTS AND LABORATORY EQUIPMENT

Delivery: 01/04/2026

Delivery Location Code: FSIS-LAB-EASTERN

EASTERN LAB

950 COLLEGE STATION RD.

ATHENS GA 30605 US

Period of Performance: 01/05/2025 to 01/04/2026

0003 Option Year 2: Pathogen Screening Technology for YR

Salmonella, Listeria monocytogenes and

Campylobacter. The Contractor shall provide in accordance with PWS all pathogen screening technology to include: kits, reagents, screening instrument and service of equipment.

- Annual Rental of Equipment (for each Laboratory)

- Annual Service Agreement (in not included in

Rental price)

- Unit Price Per Kit

(Option Line Item)

01/05/2026

Product/Service Code: W066

Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- INSTRUMENTS AND LABORATORY EQUIPMENT

Delivery: 01/04/2027

Delivery Location Code: FSIS-LAB-EASTERN

EASTERN LAB

950 COLLEGE STATION RD.

ATHENS GA 30605 US

Period of Performance: 01/05/2026 to 01/04/2027

0004 Option Year 3: Pathogen Screening Technology for YR

Salmonella, Listeria monocytogenes and

Campylobacter. The Contractor shall provide in accordance with PWS all pathogen screening technology to include: kits, reagents, screening

Continued ...

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

4 4

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

123A9424Q0002 instrument and service of equipment.

- Annual Rental of Equipment (for each Laboratory)

- Annual Service Agreement (in not included in

Rental price)

- Unit Price Per Kit

(Option Line Item)

01/05/2027

Product/Service Code: W066

Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- INSTRUMENTS AND LABORATORY EQUIPMENT

Delivery: 01/04/2028

Delivery Location Code: FSIS-LAB-EASTERN

EASTERN LAB

950 COLLEGE STATION RD.

ATHENS GA 30605 US

Period of Performance: 01/05/2027 to 01/04/2028

0005 Option Year 4: Pathogen Screening Technology for YR

Salmonella, Listeria monocytogenes and

Campylobacter. The Contractor shall provide in accordance with PWS all pathogen screening technology to include: kits, reagents, screening instrument and service of equipment.

- Annual Rental of Equipment (for each Laboratory)

- Annual Service Agreement (in not included in

Rental price)

- Unit Price Per Kit

(Option Line Item)

01/05/2028

Product/Service Code: W066

Product/Service Description: LEASE OR RENTAL OF

EQUIPMENT- INSTRUMENTS AND LABORATORY EQUIPMENT

Delivery: 01/04/2029

Delivery Location Code: FSIS-LAB-EASTERN

EASTERN LAB

950 COLLEGE STATION RD.

ATHENS GA 30605 US

Period of Performance: 01/05/2028 to 01/04/2029

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Description/Specifications

452.211-72 Statement of Work/Specifications. (FEB 1988)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work/Specifications referenced in Section J.

(End of Clause)

452.211-73 Attachments to Statements of Work/Specifications. (FEB 1988)

The attachments to the Statement of Work/Specifications listed in Section J are hereby made part of this solicitation and any resultant contract.

D - Packaging and Marking

E - Inspection an

Acceptance 52.246-2 Inspection of Supplies - Fixed-Price.

(AUG 1996)

52.246-4 Inspection of Services - Fixed-Price. (AUG

1996) 52.246-16 Responsibility for Supplies. (APR

1984)

452.246-70 Inspection and Acceptance. (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: at each FSIS Laboratory identified in Section F.

(End of clause)

*Contracting Officer shall insert appropriate identifying data.

452.247-71 Marking Deliverables. (FEB 1988)

(a) The contract number shall be placed on or adjacent to all exterior mailing or shipping labels of deliverable items called for by the contract.

(b) Mark deliverables, except reports, for: point of contacts identified for each FSIS Laboratory location.

*Contracting Officer shall insert the appropriate information.

F - Deliveries or Performance

F.1 Delivery Locations

The supplies/services required under the Delivery Order/Task Order shall be delivered and received at destination within the time-frame specified in the Task Order.

Delivery Location(1) Code: FSIS-LAB-EASTERN

EASTERN LAB

950 COLLEGE STATION RD.

ATHENS GA 30605

Delivery Location(2) Code: FSIS-LAB-MIDWEST

MIDWEST LAB

4300 GOODFELLOW BLVD.

BLDG 105-D

ST. LOUIS MO 63120-0005

Delivery Location(3) Code: FSIS-OPHS-WL-ALBANY

WESTERN LAB

800 Buchanan Street

ALBANY CA 94710

Period of PerformanceThe periods of performance are tentatively as follows:

Base Year 01/05/2024 – 01/04/2025 Option Year 1 01/05/2025 – 01/04/2026 Option Year 2 01/05/2026 – 01/04/2027 Option Year 3 01/05/2027 – 01/04/2028 Option Year 4 01/05/2028 – 01/04/2029

Task orders awarded prior to the expiration date of the contract shall be completed, regardless of whether the Government exercises any of its options under the contract.

F.2 Hours of Operation

When working on Government sites, normal duty hours are 8:00 am - 5:00 pm, Monday through Friday (except Federal holidays).

Observance of Legal Holidays and Excused Absence:

(a) The Government hereby provides notification that Government personnel observe the listed days as holidays: The listed holidays apply to services performed within the United States, and is provided for informational purposes only.

New Year's Day Labor Day Martin Luther King's Birthday Columbus Day President's Day Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteenth National Independence Day

*If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.

(b) In addition to the days designated above as holidays, the Government may observe additional days in accordance with 5 USC 6103.

F.3 Task Order /Delivery Order Procedures

TASK ORDER PROCEDURES (FEB 2007)

A. General

1) Only the Contracting Officer can obligate funds or issue task orders against this contract.

2) All task orders are subject to the terms and conditions of the resultant IDIQ contract(s).

3) Task orders shall not change any terms or conditions of the contract. If any language in the work assignment may suggest a change to the terms or conditions, the Contractor shall immediately request clarification from the Contracting Officer.

4) All costs associated with preparation, presentation, and/or discussion of the contractor’s task order proposal shall be at the contractor’s expense.

5) No work shall be performed, and no payment shall be made except as authorized by the task order.

6) If multiple awards are made under the solicitation, each offeror will be given a fair opportunity, as described in FAR 16.505, to be considered for each order exceeding $2,500, unless it is determined that an exception to the fair opportunity process applies.

7) The Contractor shall perform work under this contract as specified in written task orders issued by the Contracting Officer.

452.247-70 Delivery Location. (FEB 1988)

Shipment of deliverable items, other than reports, shall be to: see Section F.1 Delivery

Locations. (End of Clause)

*Contracting Officer shall insert appropriate identifying data.

452.247-72 Packing for Domestic Shipment. (FEB 1988)

Material shall be packed for shipment in such a manner that will insure acceptance by common carriers and safe delivery at destination. Containers and closures shall comply with the Interstate Commerce Commission regulations, Uniform Freight Classification Rules, or regulations of other carriers as applicable to the mode of transportation.

G - Contract Administration Data

G.1 Contracting Officer

The Contracting Officer (CO) has the overall responsibility for the administration of this contract.

The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; issue task orders against the contract; make final decisions on disputed deductions from contract payments for nonperformance, or unsatisfactory performance;

terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, the CO may delegate certain other responsibilities to the Contracting Officer's Representative (COR). All delegated duties will be specified in writing by a COR Appointment and Delegation Notice

G.2 Designation of Contracting Officer's Representative

[TO BE DESIGNATED UPON AWARD]

The COR shall be responsible for administering the performance of work under this contract. In no event, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

The Contracting Officer shall be informed as soon as possible of any actions or inactions by the Contractor or the Government which will change the required delivery or completion times stated in the contract, and the contract shall be modified accordingly.

On all matters that pertain to the contract terms, the contractor shall communicate with the

Contracting Officer. Whenever, in the opinion of the Contractor, the COR requests effort outside the scope of the contract, the contractor shall so advise the COR. If the COR persists and there still exists a disagreement as to proper contractual coverage, the Contracting Officer shall be notified immediately, preferably in writing if time permits. Proceeding with work without proper contractual coverage may result in nonpayment or necessitate submittal of a contract claim. The COR shall be responsible for initiating the Contractor Performance Assessment Report (CPAR) for awards over the simplified acquisition threshold of $150K to document contractor's performance during the period of performance 14 days after completion of services or delivery of goods.

G.3 Continuation of block 18b -Invoices

Invoice Processing Platform (IPP)

Effective May 6, 2013, payment requests must be submitted electronically through the U.S.

Department of the Treasury's Invoice Processing Platform (IPP). "Payment Request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions-Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. Contractor assistance with enrollment, UserIDs and Passwords can be obtained by contacting theIPP Helpdesk via email at IPP Customer Support Desk at 1-866-973-3131 or IPPCustomerSupport@fms.treas.gov. For all other IPP issues, please contact: National Finance Center's Controller Operations Division (COD) Helpdesk at 1-877-243-3072 or COD.HELP@usda.gov.

G.4 Post-award Administration and Monitoring of Section 508 Compliance

POST-AWARD ADMINISTRATION AND MONITORING OF SECTION 508 COMPLIANCE

ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY

ACCESSIBILITY (MAY 2015)

The Section 508 Plan/Remediation Plan and any modifications to the Plan must be submitted for approval to the Office of the Chief Information Officer (OCIO) or the Department OCIO when the proposed requirement is for, or includes, the acquisition of EIT products and services that are subject to Section 508 conformance provisions as required by departmental and federal requirements. Any exception must be documented and approved by OCIO.

H - Special Contract Requirements

H.1 Organizational Conflict of Interest and Limitation on Future

Contracting ORGANIZATIONAL CONFLICT OF INTEREST AND

LIMITATION ON FUTURE

CONTRACTING (SEPT 2008)

The following provisions are in accordance with FAR Part 9.5:

a. The U.S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), including any echelon or sub-echelon activity of the USDA, will not consider the Contractor, its successor-in-interest, assignee, or affiliates as a prime source of supply for, nor allow it to be a subcontractor or consultant to a supplier for, any follow-on procurement of a system, subsystem, or major component thereof, including training related thereto for which the Contractor provides technical support services, analyses, system design and evaluation or other types of assistance ordered under this contract action. For examples of a follow-on procurement, see FAR Part

9.508. These examples are not all-inclusive but are intended to help the Contracting Officer (CO) apply the general rules in FAR Part 9.505 to individual situations.

b. The above restrictions shall be included in all subcontracts, teaming arrangements, and other agreements calling for performance of work related to this contract action, unless exempted in writing by the CO.

c. To prevent unfair competitive advantage in the procurement of any similar federal support services which are the subject of this contract action, the contractor agrees that, until award of a contract action for by FSIS for any of these services it: (1) shall not disclose any information concerning the work under this contract action, including technology developed or findings and conclusions rendered by the Contractor in performing this contract action, to any prospective Contractor; and (2) shall not render any services of any kind related to this procurement to any prospective Contractor.

d. If, under the scope of this contract action, the Contractor is required to prepare a SOW or to design or develop specifications/requirements which are to be incorporated or used in a solicitation for future acquisition of a system, subsystem, or major component thereof relating to the subject matter of this contract action, the USDA, including any echelon or sub-echelon activity, will not consider the Contractor, its successor-in-interest, assignee, or affiliates as a prime source of supply for, nor allow it to be a subcontractor or consultant to a supplier for the procurement of the system, subsystem, or major component thereof. The Contractor, subcontractors and consultants at any tier have an affirmative duty to disclose to the CO actual, potential or apparent conflicts whenever there is reason to believe such exist or will exist.

e. The restrictions and provisions of paragraph (d), above, shall be in effect for a period of two years from the performance completion date of this contract action. At any time subsequent to the effective date of this contract action, the Government may either modify the restrictions of paragraphs (c), and (d), or waive the restrictions entirely if it is determined to be in the best interests of the Government. The restrictions contained herein do not limit the restrictions delineated in FAR Part 9.5.

[End of Text]

Unauthorized Performance of Services

UNAUTHORIZED PERFORMANCE OF SERVICES (MAY 2011)

(a) No personal services shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

(b) The Contractor shall not perform any inherently Government actions under this contract. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this contract, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work.

(c) The Contractor shall ensure that all its employees working on this contract are informed of the substance of this clause. Nothing in this clause shall limit the Government's rights in any way under any other provision of the contract, including those related to the Government's right to inspect and accept the services to be performed under this contract. The substance of this clause shall be included in all subcontracts at any tier.

[End of Text]

H.2 Release of Sensitive Information

RELEASE OF SENSITIVE INFORMATION (JUNE 2013)

(a) As used in this clause, ‘sensitive information’ refers to information that the contractor has developed at private expense or that the Government has generated that qualifies for an exception to the Freedom of Information Act, which is not currently in the public domain, may embody trade secrets or commercial or financial information, and may be sensitive or privileged, the disclosure of which is likely to have either of the following effects: (1) to impair the Government’s ability to obtain this type of information in the future; or (2) to cause substantial harm to the competitive position of the person from whom the information was obtained. The term is not intended to resemble the markings of national security documents as in sensitive-secret-top secret.

(b) In accomplishing management activities and administrative functions, U.S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) relies heavily on the support of numerous service providers. To support FSIS activities and functions, these service providers, as well as their subcontractors and their individual employees, may require access to sensitive information submitted by the Contractor under this contract. As an initial step, FSIS shall identify when needed services may entail access to sensitive information and shall determine whether providing access is necessary for accomplishing the Agency’s mission and whether the information requested is considered ‘sensitive’ as defined in paragraph (a) of this section. By submitting this proposal or performing this contract, the Contractor agrees that FSIS may release to its service providers, their subcontractors, and their individual employees, sensitive information submitted during the course of this procurement.

(c)(1) The Contractor shall identify any sensitive information submitted in support of this proposal or in performing this contract. For purposes of identifying sensitive information, the Contractor may, in addition to any other notice or legend otherwise required, use a notice similar to the following:

Mark the title page with the following legend:

This proposal or document includes sensitive information that FSIS shall not disclose outside the Agency and its service providers that support management activities and administrative functions. To gain access to this sensitive information, a service provider’s contract must contain the clause entitled "Access to Sensitive Information". Consistent with this clause, the service provider shall not duplicate, use, or disclose the information in whole or in part for any purpose other than to perform the services specified in its contract. This restriction does not limit the Government's right to use this information if it is obtained from another source without restriction. The information subject to this restriction is contained in pages [insert page numbers or other identification of pages].

Mark each page of sensitive information the Contractor wishes to restrict with the following legend:

Use or disclosure of sensitive information contained on this page is subject to the restriction on the title page of this proposal or document.

(2) The Contracting Officer shall evaluate the facts supporting any claim that particular information is ‘sensitive.’ This evaluation shall consider the time and resources necessary to protect the information in accordance with the detailed safeguards mandated by the clause entitled "Access to Sensitive Information". However, unless the Contracting Officer decides, with the advice of Legal Counsel, that reasonable grounds exist to challenge the Contractor’s claim that particular information is sensitive; FSIS and its service providers and their employees shall comply with all of the safeguards contained in paragraph (d) of this clause.

(d) To receive access to sensitive information needed to assist FSIS in accomplishing management activities and administrative functions, the service provider must be operating under a contract that contains the clause entitled "Access to Sensitive Information". This clause obligates the service provider to do the following:

(1) Comply with all specified procedures and obligations, including the Organizational Conflicts of Interest Avoidance Plan, which the contract has incorporated as a compliance document.

(2) Utilize any sensitive information coming into its possession only for the purpose of performing the services specified in its contract.

(3) Safeguard sensitive information coming into its possession from unauthorized use and disclosure.

(4) Allow access to sensitive information only to those employees that need it to perform services under its contract.

(5) Preclude access and disclosure of sensitive information to persons and entities outside of the service provider’s organization.

(6) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in its contract and to safeguard it from unauthorized use and disclosure.

(7) Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this contract.

(8) Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to the Contracting Officer, and implement any necessary corrective actions.

(e) This clause does not affect FSIS's responsibilities under the Freedom of Information Act.

(f) The Contractor shall insert this clause, suitably modified to reflect the relationship of the parties, in all subcontracts that may require the furnishing of sensitive information to assure any service provider that requires access to sensitive information follows the steps outlined in this clause, including this paragraph (f), to protect the information from unauthorized use or disclosure.

[End of text]

H.3 Section 508 Accessibility of information and Communications Technology

SECTION 508 ACCESSIBILITY OF INFORMATION AND COMMUNICATIONS

TECHNOLOGY

(OCT 2021)

This contract vehicle is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 749d) as amended by the Workforce Investment Act of 1998 (P.L. 105-220). The Revised Section 508 Standards, which consist of 508 Chapters 1 and 2 (Appendix A), along with Chapters 3 through 7 (Appendix C), contain scoping and technical requirements for information and communication technology (ICT) to ensure accessibility and usability by individuals with disabilities. Compliance with these standards is mandatory for Federal agencies subject to Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C.

794d).

Each ICT product or service furnished under this contract shall comply with the Revised Section 508 ICT Accessibility Standards at a minimum, as specified in the contract. If any furnished product or service is determined to be noncompliant, the Contracting Officer will notify the Contractor in writing. The Contractor shall, without charge to the Government, remediate or replace the noncompliant products or services within a specified timeframe as determined by the Government in writing. If such remediation or replacement is not completed within the time specified, the Government shall have the following recourses:

1) Cancellation of the contract, delivery, task order, purchase, or line item without termination liabilities; or

2) In the case of custom ICT being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant ICT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

The contractor must ensure all noncompliant ICT products and services are provided pursuant to extensive market research and exhibit the highest level of compliance while satisfying the contract requirements.

For every ICT product or service accepted under this contract by the Government that does not comply with the Revised Section 508 Accessibility Standards, the contractor shall, at the discretion of the Government, remediate or upgrade the item with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date, whichever shall occur first.

Section 508 Compliance Vendors, contractors, and their respective ICT products and services shall comply with the following standards, policies, and procedures. In the event of conflicts between the referenced documents and this contract vehicle, the contract vehicle shall take precedence.

1) Revised Section 508 ICT Accessibility Standards

2) Section 508 of the Rehabilitation Act as amended (29 U.S.C. 794d)

3) Federal Acquisition Regulation (FAR) Subpart 39.2

4) USDA Section 508 Departmental Regulation

Additionally, all contract deliverables are subject to these standards.

All ICT products and services, regardless of format, must conform to the applicable Section 508 standards to allow Federal employees and members of the public with disabilities equivalent access to and use of information and data provided to those without disabilities.

All contractors, sub-contractors, and consultants are responsible for preparing or posting content must comply with the applicable Section 508 accessibility standards and, where applicable, those set forth in the referenced policy or standards document. Remediation of any noncompliant ICT or materials as set forth in this contract vehicle shall be the responsibility of the contractor, sub-contractor, or consultant.

According to the Access Board’s Section 508 Scoping Requirements The following Section 508 provisions apply to the products and/or services identified in this contract vehicle:

· C202 Functional Performance Criteria: Where the requirements in Chapters 4 and 5 do not address one or more functions of telecommunications or customer premises equipment, the functions not addressed shall conform to the Functional Performance Criteria specified in Chapter 3.

· C203 Electronic Content: Electronic content that is integral to the use of telecommunications or customer premises equipment shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0.

· C204 Hardware: Where components of telecommunications equipment and customer premises equipment are hardware, and transmit information or have a user interface, those components shall conform to applicable requirements in Chapter 4.

· C205 Software: Where software is integral to the use of telecommunications functions of telecommunications equipment or customer premises equipment and has a user interface, such software shall conform to C205 and the applicable requirements in Chapter 5.

WCAG Conformance: User interface components, as well as the content of platforms and applications shall conform to Level A and Level AA Success Criteria and Conformance Requirements in WCAG 2.0.

· C206 Support Documentation and Services: Where support documentation and services and provided for telecommunications equipment and customer premises equipment, manufacturers shall ensure that such documentation and services conform to Chapter 6 and are made available upon request at no additional charge.

In addition, vendors and contractors shall comply with the standards, policies, and procedures below for all ICT pursuant to this contract:

· For Custom ICT Development Services, the vendor or contractor shall ensure the ICT fully conforms to the applicable Revised Section 508 standards prior to delivery and before final acceptance.

· For Installation, Configuration, and Integration Services, the vendor or contractor shall not install, configure, or integrate the equipment and software in a way that reduces the level of conformance with the applicable Revised Section 508 standards.

· For Maintenance, Upgrades, and Replacements, the vendor or contractor shall ensure maintenance upgrades, substitutions, and replacements do not reduce the original level of conformance with the applicable Revised Section 508 standards at the time of the contract award.

· Service Personnel are ensured by the vendor or contractor to possess the knowledge, skills, and ability necessary to address the applicable Revised Section 508 standards and shall provide supporting documentation upon request.

· When providing Hosting Services, the vendor or contractor shall not reduce the existing level of conformance of the electronic content with the applicable Revised Section 508 standards.

· When purchasing ICT where 1) Section 508 validation is not possible prior to award, 2) the ICT will be changed after the award, or 3) ICT will be hosted in a third-party environment, the vendor or contractor shall test and validate the ICT solution for conformance to the Revised Section 508 standards, in accordance with the required testing methods as defined by the agency.

· The vendor or contractor shall document and maintain information regarding the measures taken to ensure compliance with the applicable requirements. This documentation includes but is not limited to testing records, product demonstrations, and reported defects by end users and testers.

· Prior to acceptance, the vendor or contractor shall provide an Accessibility Conformance Report (ACR) for each ICT item that is developed, updated, and/or configured for the agency, and when product substitutions are offered. The ACR should be based on the latest version of the Voluntary Product Accessibility Template (VPAT) provided by the Information Technology Industry Council (ITI). To be considered for award, an ACR must be submitted for each ICT item, and must be completed according to the instructions provided by the ITI.

Note: A supplemental ACR may be required if the agency has additional or stricter accessibility requirements than what is outlined in the VPAT.

· Prior to acceptance, the agency reserves the right to require a full working demonstration of the completed ICT item to demonstrate conformance to the agency’s accessibility requirements in addition to independent testing to validate.

· In the case of non-compliance where the vendor or contractor claims its products and/or services satisfy the applicable Revised Section 508 standards specified in the contract vehicle, the contracting officer will promptly inform the vendor or contractor in writing of the non-compliance. The vendor or contractor shall, at no cost to the agency, repair or replace the non-compliant products or services within the period specified by the contracting officer.

All Information and Communications Technology (ICT) subject to the Revised Section 508 standards will be evaluated for Section 508 conformance and usability. The test must be administered by a Federal Section 508 Testing Center. All maintenance for ICT that requires upgrades, modifications, installations, repairs, and purchases shall adhere to the Revised Section 508 standards.[End of Text]

H.4 Access to Sensitive Information

ACCESS TO SENSITIVE INFORMATION (FEB 2007)

(a) As used in this clause, “sensitive information” refers to information that a contractor has developed at private expense, or that the Government has generated that qualifies for an exception to the Freedom of Information Act, which is not currently in the public domain, and which may embody trade secrets or commercial or financial information, and which may be sensitive or privileged.

(b) To assist the U. S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) in accomplishing management activities and administrative functions, the Contractor shall provide the services specified elsewhere in this contract.

(c) If performing this contract entails access to sensitive information, as defined above, the Contractor agrees to -

(1) Utilize any sensitive information coming into its possession only for the purposes of performing the services specified in this contract, and not to improve its own competitive position in another procurement action.

(2) Safeguard sensitive information coming into its possession from unauthorized use and disclosure.

(3) Allow access to sensitive information only to those employees that need it to perform services under this contract.

(4) Preclude access and disclosure of sensitive information to persons and entities outside of the Contractor’s organization.

(5) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in this contract and to safeguard it from unauthorized use and disclosure.

(6) Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this contract.

(7) Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to the Contracting Officer, and implement any necessary corrective actions.

(d) The nature of the work on this contract may subject the Contractor and its employees to a variety of laws and regulations relating to ethics, conflicts of interest, corruption, and other criminal or civil matters relating to the award and administration of government contracts.

Recognizing that this contract establishes a high standard of accountability and trust, the Government will carefully review the Contractor’s performance in relation to the mandates and restrictions found in these laws and regulations. Unauthorized uses or disclosures of sensitive information may result in termination of this contract for default, or in debarment of the Contractor for serious misconduct affecting present responsibility as a government contractor.

(e) The Contractor shall include the substance of this clause, including this paragraph (e); suitably modified to reflect the relationship of the parties, in all subcontracts that may involve access to sensitive information. [End of text]

H.5 Information Technology Systems Security Contract Requirements

INFORMATION TECHNOLOGY SYSTEMS SECURITY CONTRACT REQUIREMENTS

(JAN 2012)

The contractor shall establish and implement appropriate administrative, technical and physical safeguards to ensure the security and confidentiality of sensitive Government information, data, and/or equipment.

The contractor shall comply with IT systems security and/or privacy specifications set forth in FSIS and USDA directives, policy, and procedures; the Computer Security Act of 1987; Office of Management and Budget (OMB) Circular A-130; and the Federal Information Security Management Act of 2002 (FISMA). Pursuant to FSIS policy, the contractor shall be responsible for assuring that each contractor employee who requires routine unaccompanied physical access to a Federally-controlled facility and/or unaccompanied access to a Federally-controlled information system, including an FSIS-issued computer, completes Computer Security Awareness training prior to performing any work under this contract.

The contractor is required to maintain a listing of all individuals who have completed Computer Security Awareness training and submit this listing to the COR with a copy to the Contracting Officer within ten

(10) calendar days of an individual starting work on this contract.’ [End of Text]

H.6 Additional Privacy Act Requirements

ADDITIONAL PRIVACY ACT REQUIREMENTS (JAN 2012)

For contracts that are awarded with Federal Acquisition Regulations (FAR) and Agriculture Acquisition Regulations (AGAR) concerning the Privacy Act, Food Safety and Inspection Service (FSIS) requests that contractor employees complete Privacy Act training. Contractor employees may take the course at any place of their choice. An acceptable course is one that covers the basics of the Privacy Act. A certificate that shows completion of training is to be provided to the Contracting Officer’s Representative (COR).

Contractor employees are to complete at least one Privacy Act training course within thirty days after contract award and at least once each year thereafter. USDA offers free Privacy Act training for contractor employees that have a current contract. Contractor employees must be assigned to a current contract that is subject to the Privacy Act to receive the free training. The Contracting Officer (CO) and/or COR can be contacted for further information on procedures for Privacy Act training.

[End of Text]

H.7 Compliance with Internet Protocol Version 6 (IPv6)

COMPLIANCE WITH INTERNET PROTOCOL VERSION 6 (IPv6) IN ACQUIRING

INFORMATION

TECHNOLOGYC:/Users/Angela.Carey/AppData/Local/Microsoft/Windows/INetCache/Content.Ou tlook/ B6U2OH10/Agency IT Clauses and Provisions as of 12202022.doc - Compliance_Internet_ProtocalC:/Users/Angela.Carey/AppData/Local/Microsoft/Windows/INetCach e/Cont ent.Outlook/B6U2OH10/Agency IT Clauses and Provisions as of 12202022.doc - Compliance_Internet_Protocal

(a) Any system, hardware, software, firmware or networked component (voice, video or data) developed, procured or acquired in support or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations ofconformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products:

(b) Specifically, any new IP product or system developed, acquired, or produced must:

(1) Interoperate with both IPv6 and IPv4 systems and products, and

(2) Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

(c) As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government.

(d) The Contractor shall provide technical support for both IPv4 and IPv6.

(e) Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

(f) Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

[END OF TEXT]

H.8 Commonly Accepted Security Configurations for Windows Operating System

COMMONLY ACCEPTED SECURITY CONFIGURATIONS FOR WINDOWS OPERATING

SYSTEMS (Dec 2020)

By delivering applications under this contract/order, the Contractor certifies that such applications are fully functional and operate as intended on systems using the Windows 10 Security TIG Version 2. Additionally, they shall comply with eAuthentication and other Federal mandates such as Personal Identity Verification (PIV) card known as LincPass. This includes the latest approved versions of Microsoft supported web browsers, Operating System, RedHat Linux, and iOS for mobile device management.

The standard installation, operation maintenance, updates, and patching of all software shall not alter the configuration settings from the approved configuration. If a configuration change is necessary, the Contractor will supply the configuration change and the business reason for its deviation. The complete list of Windows 10 STIG settings can be provided by FSIS security upon request. Applications designed for normal end-users shall run in the standard user context without elevated system administration privileges.

H.9 Scientific Integrity Training

SCIENTIFIC INTEGRITY TRAINING (APR 2017)

In accordance with the United States Department of Agriculture (USDA) Department Regulation 1074-001 for contracts that are awarded in accordance with Federal Acquisition Regulations (FAR) and Agriculture Acquisition Regulations (AGAR), the FSIS requests that contractor employees complete at least one Scientific Integrity training course within ninety (90) days after contract award. Contractor employees must be assigned to a current FSIS contract to receive the free training. Contractor employees may take the course at any place of their choice. An acceptable course is one that issued to the contractor employee through the USDA AgLearn training system. A certificate issued by AgLearn showing completion of training is to be provided to the Contracting Officer’s Representative (COR). The COR and/or Contracting Officer (CO) can be contacted for further information on procedures for Scientific Integrity training.

Note to CORs: If contractor-personnel are not able to obtain e-Authentication to access AgLearn, youmust e-mail the AgLearn Helpdesk at FSISAgLearn@fsis.usda.gov to request a paper copy of the course. Once contractor-personnel completes the training and notify the COR, the COR shall e-mail FSISAgLearn@fsis.usda.gov and request a course completion certificate be issued for the contractor- personnel. The COR should retain a copy as part of their COR records and send a copy of the certificate to the CO.

H.10 Role-based Security Training Requirements

ROLE-BASED SECURITY TRAINING REQUIREMENTS (JUN 2020)

The National Institute of Standards and Technology (NIST) requires organizations determine the appropriate content of security training based on the assigned roles and responsibilities of individuals and the specific security requirements of organizations and the information systems to which personnel have authorized access. In addition, organizations provide enterprise architects, information system developers, software developers, acquisition/procurement officials, information system managers, system/network administrators, personnel conducting configuration management and auditing activities, personnel performing independent verification and validation activities, security control assessors, and other personnel having access to system-level software, adequate security-related technical training specifically tailored for their assigned duties. Comprehensive role-based training addresses management, operational, and technical roles and responsibilities covering physical, personnel, and technical safeguards and countermeasures. Such training can include for example, policies, procedures, tools, and artifacts for the organizational security roles defined. Organizations also provide the training necessary for individuals to carry out their responsibilities related to operations and supply chain security within the context of organizational information security programs. Role-based security training also applies to contractors providing services to federal agencies, and the government has internal tracking capability to identify contractors who have elevated access. Once contractor resources are identified, they will be notified to comply with the role-based training requirement.

NIST 800-53 under control (AT-3) addresses security awareness and role-based training which is required for moderate level systems.