Sol_28321318R00000061x.pdf

LEVEL 5C= AIS MODERATE RISK

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

THEMMING

410-965-0527 Terry Hemming

TBD AT ORDER LEVEL CODE 16. ADMINISTERED BYCODE

X

X

511210

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OR00600

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/21/2018 1200 ET

09/18/2018

410-965-0527THERESE HEMMING

(No collect calls)

INFORMATION CALL:

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

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

28321318R00000061

5. SOLICITATION NUMBER

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

1 98 3366-18-1003OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

TBD at Delivery/Task Order level

15. DELIVER TO

Baltimore MD 21235 6401 Security Blvd 1540 Robert M. Ball Building Office of Acquisition and Grants

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$38.5

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

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

Social Security Administration

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

THIS IS A REQUEST FOR PROPOSAL FOR DYNATRACE

SOFTWARE AND ASSOCIATED SUPPORTS.

THE SOCIAL SECURITY ADMINISTRATION INTENDS TO

AWARD A SINGLE IDIQ CONTRACT FOR ITEMS DETAILED

BELOW.

ANTICIPATED PERIOD OF PERFORMANCE: 12-MONTH BASE

PERIOD AND FOUR 12-MONTH OPTION PERIODS, FOR A

TOTAL OF 60 MONTHS, IF ALL OPTIONS ARE EXERCISED.

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

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED

JANE M. QUINN

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

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

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

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

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

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

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

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

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

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

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

IN ACCORDANCE WITH PROVISIONS DETAILED BELOW,

PROVIDE QUOTATION FOR THE FOLLOWING:

[FFP]BASE YEAR: DYNATRACE MANAGED HOST OFFLINE -

Per Host Unit - Perpetual License P/N: RUXIT

MANAGED-PL

TIER 1 - 1-1000: $

TIER 2 - 1001 - 1249: $

[FFP]BASE YEAR: DYNATRACE AUTOCHECK - Perpetual

License P/N: ES AUTOCHECK-PL

[FFP]BASE YEAR: DYNATRACE DC USER MONITORING -

Perpetual License

P/N: DCRUM DEC - 1ST DEC CAP20-PL

[FFP] BASE YEAR: DYNATRACE GOLD PACKAGE BUNDLE 1 EA

- Full year, Onsite Managed Dynatrace Consultant

- Qty.2

- Quick Start - Qty. 1:

* Architectural design and infrastructure validation/4h

* Initial implementation and configuration/4h

* Dynatrace fundamental training/24h

Continued ...

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

98 2 of

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

3 98

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

28321318R00000061

* OneAgent deployment workshop/4h

* Dynatrace best practices workshop/4h

- Architecture Planning and Design - Qty. 1

- Certification Attempts - Qty. 50

- Staff Proficiency Evaluations

- Quarterly Business Reviews - Qty. 4

- Rapid Response Triage Services

- Perform Passes - Conference and Hands-on

Training Day entry Qty: 2

0005 [FFP]BASE YEAR: DYNATRACE MANAGED HOST OFFLINE

SOFTWARE MAINTENANCE SUPPORTS

0006 [FFP]BASE YEAR: DYNATRACE AUTOCHECK SOFTWARE

MAINTENANCE SUPPORTS

0007 [FFP]BASE YEAR: DYNATRACE DC USER MONITORING

SOFTWARE MAINTENANCE SUPPORTS

0008 [FFP]BASE YEAR: DYNATRACE VIRTUAL INSTRUCTOR-LED

TRAINING

0009 [LH]BASE YEAR: DYNATRACE PROFESSIONAL SERVICES

Dynatrace Guardian

Dynatrace Lead Consultant

Dynatrace Architect

Dynatrace Trainer

Dynatrace Project Manager

0010 [FFP] BASE YEAR: DYNATRACE CUSTOM

Continued ...

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

Sponsored by GSA

FAR (48 CFR) 53.110

NAME OF OFFEROR OR CONTRACTOR

4 98

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

28321318R00000061

CONSULTING/TURNKEY EXTENSIONS

(Option Line Item)

0011 [FFP]OPTION YEAR 1: DYNATRACE MANAGED HOST

OFFLINE SOFTWARE MAINTENANCE SUPPORTS

(Option Line Item)

0012 [FFP]OPTION YEAR 1: DYNATRACE AUTOCHECK SOFTWARE

MAINTENANCE SUPPORTS

(Option Line Item)

0013 [FFP]OPTION YEAR 1: DYNATRACE DC USER MONITORING

SOFTWARE MAINTENANCE SUPPORTS

(Option Line Item)

0014 [FFP]OPTION YEAR 1: DYNATRACE GOLD PACKAGE BUNDLE 1 EA

- Full year, Onsite Managed Dynatrace Consultant

- Qty.2

- Quick Start - Qty. 1:

* Architectural design and infrastructure validation/4h

* Initial implementation and configuration/4h

* Dynatrace fundamental training/24h

* OneAgent deployment workshop/4h

* Dynatrace best practices workshop/4h

- Architecture Planning and Design - Qty. 1

- Certification Attempts - Qty. 50

- Staff Proficiency Evaluations

- Quarterly Business Reviews - Qty. 4

- Rapid Response Triage Services

- Perform Passes - Conference and Hands-on

Training Day entry Qty: 2

0015 [FFP]OPTION YEAR 1: DYNATRACE MANAGED HOST

Continued ...

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

Sponsored by GSA

NAME OF OFFEROR OR CONTRACTOR

5 98

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

28321318R00000061

OFFLINE - Per Host Unit - Perpetual License P/N:

RUXIT MANAGED-PL

TIER 1 - 1-1000: $

TIER 2 - 1001 - 1249: $

[FFP]OPTION YEAR 1: DYNATRACE AUTOCHECK -

Perpetual License P/N: ES AUTOCHECK-PL

[FFP]OPTION YEAR 1: DYNATRACE DC USER MONITORING

- Perpetual License

P/N: DCRUM DEC - 1ST DEC CAP20-PL

[FFP]OPTION YEAR 1: DYNATRACE CUSTOM

CONSULTING/TURNKEY EXTENSIONS

[FFP]OPTION YEAR 1: DYNATRACE VIRTUAL

INSTRUCTOR-LED TRAINING

[LH]OPTION YEAR 1: DYNATRACE PROFESSIONAL

SERVICES

Dynatrace Guardian

Dynatrace Lead Consultant

Dynatrace Architect

Dynatrace Trainer

Dynatrace Project Manager

[FFP]OPTION YEAR 2: DYNATRACE MANAGED HOST

OFFLINE SOFTWARE MAINTENANCE SUPPORTS

(Option Line Item)

[FFP]OPTION YEAR 2: DYNATRACE AUTOCHECK SOFTWARE

MAINTENANCE SUPPORTS

(Option Line Item)

[FFP]OPTION YEAR 2: DYNATRACE DC USER MONITORING

SOFTWARE MAINTENANCE SUPPORTS

(Option Line Item)

Continued ...

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

Sponsored by GSA

NAME OF OFFEROR OR CONTRACTOR

6 98

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

28321318R00000061

0024 [FFP] OPTION YEAR 2: DYNATRACE GOLD PACKAGE BUNDLE 1 EA

- Full year, Onsite Managed Dynatrace Consultant

- Qty.2

- Quick Start - Qty. 1:

* Architectural design and infrastructure validation/4h

* Initial implementation and configuration/4h

* Dynatrace fundamental training/24h

* OneAgent deployment workshop/4h

* Dynatrace best practices workshop/4h

- Architecture Planning and Design - Qty. 1

- Certification Attempts - Qty. 50

- Staff Proficiency Evaluations

- Quarterly Business Reviews - Qty. 4

- Rapid Response Triage Services

- Perform Passes - Conference and Hands-on

Training Day entry Qty: 2

(Option Line Item)

[FFP]OPTION YEAR 2: DYNATRACE MANAGED HOST

OFFLINE - Per Host Unit - Perpetual License P/N:

RUXIT MANAGED-PL

TIER 1 - 1-1000: $

TIER 2 - 1001 - 1249: $

[FFP]OPTION YEAR 2: DYNATRACE AUTOCHECK -

Perpetual License

P/N: ES AUTOCHECK-PL

[FFP]OPTION YEAR 2: DYNATRACE DC USER MONITORING

- Perpetual License

P/N: DCRUM DEC - 1ST DEC CAP20-PL

[FFP]OPTION YEAR 2: DYNATRACE CUSTOM

CONSULTING/TURNKEY EXTENSIONS

[FFP]OPTION YEAR 2: DYNATRACE VIRTUAL

Continued ...

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

Sponsored by GSA

NAME OF OFFEROR OR CONTRACTOR

7 98

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

28321318R00000061

INSTRUCTOR-LED TRAINING

0030 [LH]OPTION YEAR 2: DYNATRACE PROFESSIONAL

SERVICES

Dynatrace Guardian

Dynatrace Lead Consultant

Dynatrace Architect

Dynatrace Trainer

Dynatrace Project Manager

0031 [FFP]OPTION YEAR 3: DYNATRACE MANAGED HOST

OFFLINE SOFTWARE MAINTENANCE SUPPORTS

(Option Line Item)

0032 [FFP]OPTION YEAR 3: DYNATRACE AUTOCHECK SOFTWARE

MAINTENANCE SUPPORTS

(Option Line Item)

0033 [FFP]OPTION YEAR 3: DYNATRACE DC USER MONITORING

SOFTWARE MAINTENANCE SUPPORTS

(Option Line Item)

0034 [FFP] OPTION YEAR 3: DYNATRACE GOLD PACKAGE BUNDLE 1 EA

- Full year, Onsite Managed Dynatrace Consultant

- Qty.2

- Quick Start - Qty. 1:

* Architectural design and infrastructure validation/4h

* Initial implementation and configuration/4h

* Dynatrace fundamental training/24h

* OneAgent deployment workshop/4h

* Dynatrace best practices workshop/4h

- Architecture Planning and Design - Qty. 1

- Certification Attempts - Qty. 50

Continued ...

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

Sponsored by GSA

NAME OF OFFEROR OR CONTRACTOR

8 98

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

28321318R00000061

- Staff Proficiency Evaluations

- Quarterly Business Reviews - Qty. 4

- Rapid Response Triage Services

- Perform Passes - Conference and Hands-on

Training Day entry Qty: 2

(Option Line Item)

[FFP]OPTION YEAR 3: DYNATRACE MANAGED HOST

OFFLINE - Per Host Unit - Perpetual License P/N:

RUXIT MANAGED-PL

TIER 1 - 1-1000: $

TIER 2 - 1001 - 1249: $

[FFP]OPTION YEAR 3: DYNATRACE AUTOCHECK -

Perpetual License

P/N: ES AUTOCHECK-PL

[FFP]OPTION YEAR 3: DYNATRACE DC USER MONITORING

- Perpetual License

P/N: DCRUM DEC - 1ST DEC CAP20-PL

[FFP]OPTION YEAR 3: DYNATRACE VIRTUAL

INSTRUCTOR-LED TRAINING

[FFP]OPTION YEAR 3: DYNATRACE CUSTOM

CONSULTING/TURNKEY EXTENSIONS

[LH]OPTION YEAR 3: DYNATRACE PROFESSIONAL

SERVICES

Dynatrace Guardian

Dynatrace Lead Consultant

Dynatrace Architect

Dynatrace Trainer

Dynatrace Project Manager

Continued ...

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

Sponsored by GSA

NAME OF OFFEROR OR CONTRACTOR

9 98

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

28321318R00000061

0041 [FFP]OPTION YEAR 4: DYNATRACE MANAGED HOST

OFFLINE SOFTWARE MAINTENANCE SUPPORTS

(Option Line Item)

0042 [FFP]OPTION YEAR 4: DYNATRACE AUTOCHECK SOFTWARE

MAINTENANCE SUPPORTS

(Option Line Item)

0043 [FFP]OPTION YEAR 4: DYNATRACE DC USER MONITORING

SOFTWARE MAINTENANCE SUPPORTS

(Option Line Item)

0044 [FFP] OPTION YEAR 4: DYNATRACE GOLD PACKAGE BUNDLE 1 EA

- Full year, Onsite Managed Dynatrace Consultant

- Qty.2

- Quick Start - Qty. 1:

* Architectural design and infrastructure validation/4h

* Initial implementation and configuration/4h

* Dynatrace fundamental training/24h

* OneAgent deployment workshop/4h

* Dynatrace best practices workshop/4h

- Architecture Planning and Design - Qty. 1

- Certification Attempts - Qty. 50

- Staff Proficiency Evaluations

- Quarterly Business Reviews - Qty. 4

- Rapid Response Triage Services

- Perform Passes - Conference and Hands-on

Training Day entry Qty: 2

(Option Line Item)

0045 [FFP]OPTION YEAR 4: DYNATRACE MANAGED HOST

Continued ...

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

Sponsored by GSA

NAME OF OFFEROR OR CONTRACTOR

10 98

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

28321318R00000061

OFFLINE - Per Host Unit - Perpetual License P/N:

RUXIT MANAGED-PL

TIER 1 - 1-1000: $

TIER 2 - 1001 - 1249: $

[FFP]OPTION YEAR 4: DYNATRACE AUTOCHECK -

Perpetual License

P/N: ES AUTOCHECK-PL

[FFP]OPTION YEAR 4: DYNATRACE DC USER MONITORING

- Perpetual License

P/N: DCRUM DEC - 1ST DEC CAP20-PL

[FFP]OPTION YEAR 4: DYNATRACE CUSTOM

CONSULTING/TURNKEY EXTENSIONS

[FFP]OPTION YEAR 4: DYNATRACE VIRTUAL

INSTRUCTOR-LED TRAINING

[LH]OPTION YEAR 4: DYNATRACE PROFESSIONAL

SERVICES

Dynatrace Guardian

Dynatrace Lead Consultant

Dynatrace Architect

Dynatrace Trainer

Dynatrace Project Manager

PERIOD OF PERFORMANCE:

BASE YEAR: 09/28/2018- 09/27/2019

OPTION YEAR 1: 09/28/2019 - 09/27/2020

OPTION YEAR 2: 09/28/2020 - 09/27/2021

OPTION YEAR 3: 09/28/2021 - 09/27/2022

OPTION YEAR 4: 09/28/2022 - 09/27/2023

ATTACHMENTS:

The following attachments are incorporated into this solicitation:

Continued ...

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

Sponsored by GSA

NAME OF OFFEROR OR CONTRACTOR

11 98

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

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

28321318R00000061

- Attachment A: Additional Information Sheet

- Attachment B: Instructions to Contractors

Applicable to Section 508 Compliance Claims

SUBMIT QUOTATION BY:

12:00 PM EASTERN (NOON) 09/21/2018

SUBMIT QUOTATION ELECTRONCIALLY, TO:

terry.hemming@ssa.gov

SEE SECTIONS B- E BELOW FOR ADDITIONAL DETAIL.

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

Sponsored by GSA

SSA RFP 28321318R00000061

Risk Level Designation 5-C

SECTION A - PRICING

SECTION B – TECHNICAL SPECIFICATIONS

B-1 Purpose B-2 Scope - Supplies And Services B-3 Delivery or Task Order Procedures B-4 Section 508 Conformance SECTION C - Contract Clauses and Terms and Conditions C-1 52.252-2 Clauses Incorporated by Reference. (FEB 1998) C-2 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) C-3 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) C-4 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 9 C-5 52.252-6 Authorized Deviations in Clauses. (Apr 1984) C-6 52.212-4 Contract Terms and Conditions—Commercial Items (Deviation 2017-02) (AUG 2017) C-7 52.212-4 Contract Terms and Conditions—Commercial Items -Alternate I (JAN 2017) C-8 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Aug 2018) C-9 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) C-10 52.216-18 Ordering. (Oct 1995) C-11 52.216-19 Order Limitations. (Oct 1995) C-12 52.216-22 Indefinite Quantity (OCT 1995) C-13 52.227-1 Authorization and Consent (DEC 2007) C-14 0002 Agency Specific Clauses C-15 2352.204-1 – Security and Suitability Requirements (MAR 2018) C-16 2352.204-2 Federal Information Security Management Act (FISMA) and Agency Privacy Management (DEC 2014) C-17 2352.219-4 – Subcontracting Plan (SEP 2013) C-18 2352.232-1 Invoice Submission and Payment Related Information (JUNE 2018) C-19 2352.232-4 Contract Funding During a Continuing Resolution (JUL 2011) C-20 2352.242-1 Post Award Evaluation of Contractor Performance (April 2015) C-21 2352.242-2 Designation of Contracting Officer’s Representative (COR)-Contracting Officer’s Technical Representative (COTR) and COR-Alternate COTR (ACOTR) (OCT 2015) C-22 2352.224-1 Protection of Confidential Information (DEC 2008) C-23 2352.224-2 – Protecting and Reporting the Loss of Personally Identifiable Information:

Responsibilities Concerning Individual Employees (AUG 2017) C-24 Order Issuance SECTION D - Contract Documents, Exhibits and/or Attachments SECTION E - Solicitation Provisions E-1 52.252-1 Solicitation Provisions Incorporated by Reference. (FEB 1998) E-2 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (JAN 2017) E-3 52.204-16 Commercial and Government Entity Code Reporting (JUL 2016) E-4 52.252-5 Authorized Deviations in Provisions. (Apr 1984) E-5 52.212-1 Instructions to Offerors—Commercial Items (JAN 2017) E-6 52.212-3 Offeror Representations and Certifications.Commercial Items (Nov 2017)

E-7 52.216-1 Type of Contract. (APR 1984) E-8 Evaluation of Options E-9 0001 Agency Specific Provisions E-10 2352.219-1 Submission of Small Business Subcontracting Plan (AUG 2017) E-11 2352.233-1 Independent Review of Protest (FEB 2014) E-12 Addendum to FAR Provision 52.212-1, Instructions to Offerors – Commercial Items E-13 Proposal Format E-14 Submission of Proposals E-15 Basis for Award

SECTION A - PRICING

Addendum to Standard Form 1449 In accordance with Federal Acquisition Regulation (FAR) 12.302 and 12.303, this addendum to the Standard Form (SF) 1449 provides for continuation of the schedule and description of the supplies/services to be acquired.

Contract Maximum and Minimum

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the pricing table, not to exceed the contract maximum amount of [to be completed at time of award] for all orders.

The Government will order the supplies or services designated in the pricing table, in the guaranteed minimum amount of $25,000 over the period of performance of the contract.

SECTION B – TECHNICAL SPECIFICATIONS

B-1 Purpose The Social Security Administration (SSA) Office of Systems Operations (OSO) requires a commercial off the shelf (COTS) enterprise-level Dynatrace software application, infrastructure, and network performance monitoring solution for various platforms, with a focus on cloud computing and maintenance support. Only Dynatrace can suit the agency’s need to provide a single agent at the host level which can instrument and support every required programming language. OSO will utilize this solution to provide alerting and end-to-end visibility for SSA cloud-based container native platforms and traditional infrastructure platforms.

B-2 Scope - Supplies And Services

The scope of this requirement is to procure a commercial off the shelf (COTS) Dynatrace software solution including software licenses, maintenance, implementation and operation engineering support, and training of SSA personnel, to support OSO monitoring of SSA cloud-based container native platforms and traditional infrastructure platforms.

PRODUCT NAME DESCRIPTION

DYNATRACE MANAGED HOST OFFLINE Perpetual License P/N: RUXIT MANAGED-PL

DYNATRACE AUTOCHECK Perpetual License P/N: ES AUTOCHECK-PL

DYNATRACE DC USER MONITORING Perpetual License P/N: DCRUM DEC - 1ST DEC CAP20-PL

DYNATRACE MANAGED HOST OFFLINE

SOFTWARE MAINTENANCE SUPPORTS

Software maintenance

DYNATRACE AUTOCHECK SOFTWARE

MAINTENANCE SUPPORTS

Software maintenance

DYNATRACE DC USER MONITORING

SOFTWARE MAINTENANCE SUPPORTS

Software maintenance

DYNATRACE GOLD PACKAGE BUNDLE Managed Dynatrace Consultant: Provides interactive discussions, daily standups, team calls, ad-hoc training regarding Dynatrace best practices that drive successful adoption across the application lifecycle. Acts as a member of your team

Quick Start: Comprised of part training, part deployment, your Lead Consultant begins by assessing your current monitoring needs, analyzing your current monitoring use cases to provide strategic input. The Lead Consultant then works with you to install and configure a modern monitoring solution.

Architecture Planning and Design: Ensures maximum value from Dynatrace installations as APM maturity increases by focusing on optimized data collection, upgraded business dashboards and reporting, tune SLAs and alerting, and infrastructure analysis of current monitoring load and scalability plan for future transactional growth.

Certification Attempts: The program offers two certification levels, Associate and Professional, with increasing depth of expertise for each

Staff Proficiency Evaluations: Evaluation of Customer resources on overall Dynatrace product proficiency, Recommendations for Customer resource enablement

Quarterly Business Reviews: One (1) hour presentation and discussion per calendar quarter during the service period of key accomplishments, value realization, and goal completion with key stakeholders; Review relevancy and prioritization of current goals; Assess the need to modify goals due to changing business priorities

Rapid Response Triage Services: Access to Dynatrace resources for assistance with Performance Triage efforts to troubleshoot critical application performance issues up to one

(1) hour per week.

Perform Passes - Conference and Hands-on Training Day entry

DYNATRACE VIRTUAL INSTRUCTOR-LED

TRAINING

Led by Dynatrace Certified Consultants, Virtual Instructor-Led Training (vILT) classes walk you through Associate and Professional level courses in multiple, half-day sessions. vILT sessions provide environments for students to follow along, hands-on labs, and knowledge checks to ensure the student's understanding of key capabilities and topics.

DYNATRACE CUSTOM

CONSULTING/TURNKEY EXTENSIONS

Designing and developing custom extensions to extend the visibility of Dynatrace into environments that require additional instrumentation.

DYNATRACE PROFESSIONAL SERVICES:

Dynatrace Guardian Associate-level consultant focused on key operational and administrative tasks for Dynatrace solutions. Typically possesses broad knowledge across entire Dynatrace product suite

Dynatrace Lead Consultant Professional-level consultant with experience implementing Dynatrace solutions across multiple customer environments. Possesses in-depth knowledge on specific components of Dynatrace product suite.

Dynatrace Architect Master-level specialist with deep experience designing solutions and architectures for complex customer deployments. Possesses both broad and specialized knowledge on Dynatrace product suite

Dynatrace Trainer Delivery of Classroom training designed to help Client improve APM competence and skills – core enablement with a mix of lectures, hands-on and best practice.

Dynatrace Project Manager Working with Client team, the PM will assume joint responsibility for the successful initiation, planning, design, execution, monitoring, controlling and closure of a project.

B-2.1 Dynatrace Software Licenses and Maintenance Supports

The contractor shall provide the Government with all Dynatrace COTS software and software maintenance supports detailed above. Software maintenance supports shall include updates, upgrades, fixes, and technical support available via phone and internet.

B-2.2 Dynatrace Software Engineering, Implementation, Operational Support

The Contractor shall provide Dynatrace software engineering, implementation, and operational support to install, configure, and deploy the Dynatrace software solution in the SSA infrastructure in accordance with SSA requirements.

B-2.3 Dynatrace Training

The Contractor shall provide Dynatrace training to SSA personnel to support SSA implementation and operation of the Dynatrace solution.

B-3 Delivery or Task Order Procedures

(a) General

(1) All Delivery or Task Orders are subject to the terms and conditions of the contract. In the event of conflict between a Delivery or Task Order and the contract, the contract will take precedence.

(2) No work will be performed and no payment will be made except as authorized by a Delivery or Task Order.

(3) The government will issue all Delivery or Task Orders by email.

(b) Ordering

(1) Only an authorized SSA Contracting Officer (CO) can issue a Delivery or

Task Order under this contract.

(2) The funds for each Delivery or Task Order will be obligated at the time of Delivery or Task Order issuance/execution.

B-4 Section 508 Conformance

The following Section 508 standards apply to the electronic and information technology (EIT) deliverables listed in the tables below. See Attachment B: Instructions to Contractors Applicable to Section 508 Compliance Claims.

Technical standards from 36 CFR part 1194 Subpart B apply to this acquisition.

Applicable Standards Applicable Deliverable(s)

Applicable Standards Applicable Deliverable(s)

1194.21 Software and Operating Systems Dynatrace Software and Subscriptions

1194.22 Web-based intranet and internet

information and applications

Dynatrace Software and Subscriptions

Functional performance criteria from 36 CFR part 1194 Subpart C apply to this acquisition.

Applicable Standards Applicable Deliverable(s)

1194.31 Functional Performance Criteria Dynatrace Software and

Subscriptions Information, documentation, and support standards from 36 CFR part 1194 Subpart D apply to this acquisition.

Applicable Standards Applicable Deliverable(s)

1194.41 Information & Documentation Support Dynatrace Software and Subscriptions

SSA will obtain the Section 508 Templates directly from the Manufacturer. A Section 508 determination will be based on those templates and a final Section 508 compliance determination will be made before any award is made against this solicitation.

SSA reserves the right to perform testing on a contractor’s electronic and information technology (EIT) deliverables as described in the tables above in order to validate conformance with the applicable Section 508 requirements. If SSA decides to perform testing, the contractor shall remediate all issues identified by the COR before the EIT deliverables receive final acceptance.

B-4.1 Installation, Configuration & Integration Services

When the contractor provides installation, configuration or integration services for equipment and software pursuant to this contract, the contractor shall not install, configure or integrate the equipment and software in a way that reduces the level of conformance with the applicable Section 508 standards. SSA reserves the right to perform testing on a contractor’s EIT solution in order to validate the contractor has installed, configured or integrated the EIT solution in a way that does not reduce the level of conformance with the applicable Section 508 standards.

B-4.2 Maintenance Upgrades & Replacements

The contractor shall ensure maintenance upgrades, substitutions, and replacements to equipment and software pursuant to this contract do not reduce the original level of conformance with the applicable Section 508 standards at the time of contract award. The Agency reserves the right to evaluate upgrades, replacements, and substitutions using a Voluntary Product Accessibility Template or requiring test units to perform hands-on Section 508 and accessibility testing before final acceptance.

B-4.3 Support Services and Accessibility

The contractor must comply with the Section 508 Standards 36 CFR Subpart D -1194.41 for electronic and information technology (EIT) deliverables and services in this contract. The contractor’s support services shall accommodate the communication needs of end-users with disabilities based on the following minimal criteria:

Where the contractor provides telephone support services, the contractor shall also provide TTY access for help desk personnel who may require assistance for the hearing-impaired.

If the contractor provides support services through an internet-based website, the contractor shall ensure the site is compliant with the Section 508 Standards 36 CFR Subpart B

1194.21 and 1194.22 and Subpart C 1194.31.

SECTION C - Contract Clauses and Terms and Conditions

C-1 52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

https://www.acquisition.gov/?q=browsefar

C-2 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

C-3 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

C-4 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

C-5 52.252-6 Authorized Deviations in Clauses. (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Social Security Acquisition Regulation (48 CFR

23) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

C-6 52.212-4 Contract Terms and Conditions—Commercial Items (Deviation 2017-02)

(AUG 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

https://www.acquisition.gov/?q=browsefar

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance 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, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.

If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

The Clause at C-7, below, is applicable to labor-hour Delivery or Task Orders and labor-hour line items within Delivery or Task Orders.

C-7 52.212-4 Contract Terms and Conditions—Commercial Items -Alternate I (JAN 2017)

When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the “hourly rate” for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the “hourly rate” attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at…