NEH Repository Solicitation.pdf

SECTION

15A. NAME AND

ADDRESS

OF OFFEROR

SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. EMAIL ADDRESS

11. TABLE OF CONTENTS

(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION

A

B

C

D

E

F

G

H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause Number 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)

DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE

UNITED STATES CODE AT:

10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB) INVITATION FOR BID

NEGOTIATED (RFP) REQUEST FOR

PROPOSAL

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

1 27

N/A

National Endowment of the Humanities 400 Seventh Street SW Washington, DC 20506

43310124R00010

Millie Thomas mthomas@neh.gov

2-5 9-10 11 24-26

21-23

202 60628302

7/26/2024

14-20

NEH Designated Repository (NDR) Solicitation #43310124R00010

SECTION B- PRICE

B.1 PRICING SCHEDULE

The contractor shall provide a firm fixed rate for each item listed below in the Statement of Work (SOW) of this RFQ. The following represents the contract line-item structure for this acquisition:

CLIN # Description Total Price 0001 NEH Designated Repository Development 1001 Option Year 1 (2025-2026) Repository Maintenance 2001 Option Year 2 (2026-2027) Repository Maintenance 3001 Option Year 3 (2027-2028) Repository Maintenance 4001 Option Year 4 (2028-2029) Repository Maintenance

*Provide a price summary rollup above for each CLIN. Offeror shall provide a separate cost breakdown for each CLIN, including all cost elements that comprise the pricing above. For the cost breakdown template, see Attachment B.1.

B.2 TOTAL CONTRACT PRICE

The maximum value of this contract shall not exceed $___TBD at award_______. This includes all ordering periods.

B.3 FUNDING

All funding for this contract shall be obligated under a separate task/delivery order.

#43310124R00010

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The National Endowment for the Humanities (NEH) is an independent federal agency created in 1965. It is one of the largest funders of humanities programs in the United States.

Because democracy demands wisdom, NEH serves and strengthens our republic by promoting excellence in the humanities and conveying the lessons of history to all Americans. The Endowment accomplishes this mission by awarding grants for top-rated proposals examined by panels of independent, external reviewers. One key part of the NEH’s mission is to fund research in the various disciplines of the humanities. This research often results in NEH grantees publishing the results of their work in peer-reviewed scholarly journals.

Public access, the ability for the public to freely and easily access the products funded through federal grants, is central to NEH’s mission. Our enabling legislation affirms that “the humanities belong to all the people of the United States,” and that “public funds provided by the Federal Government must ultimately serve public purposes.” This has driven NEH support for widely accessible scholarship, educational materials, primary sources, exhibitions, and documentary films over nearly six decades.

In 2022, the NEH began developing a new “Public Access Plan.” This plan was spurred by a 2022 memo sent by the White House Office of Science and Technology Policy (OSTP) (See Attachment C.1). to all federal agencies. OSTP called on all federal grant makers to establish plans that “ensure free, immediate, and equitable access to federally funded research.” The Public Access Plan will bring NEH in line with other research funding agencies such as the National Science Foundation and National Institutes of Health, which have required public access for over a decade.

Specifically, for the purposes of this SOO, the OSTP memo and the resulting NEH Public Access Plan will require NEH grantees who publish the results of their research in a peer-reviewed journal to submit a copy of the article (along with its metadata) to the NEH to be stored in an NEH Designated Repository (NDR).

To that end, with this SOO, the NEH is seeking to partner with an existing, established scholarly repository that already has a significant base of humanities journal articles and users with a professional affiliation in the humanities. Having an established partner with experience running a humanities-oriented repository will ensure that the NEH-funded articles can be discovered and used by the widest-possible audience seeking humanities-related content.

C.2 PURPOSE

The purpose of this Statement of Objectives (SOO) is to identify an existing digital scholarly repository that will partner with the NEH to establish, maintain, and promote the NEH Designated Repository (NDR). In their proposal, each repository should describe how their system addresses the key elements in the US Repository Network’s publication Desirable Characteristics of Digital Publication Repositories (See Attachment C.2). They should also describe their current system, userbase, and marketing strategies.

C.3 SCOPE

NDR will be NEH’s repository to store articles, with their metadata, and to make them freely available to the public. The NEH anticipates uploading 150 – 300 articles per year. In brief, the contractor would be providing several key services:

https://www.whitehouse.gov/wp-content/uploads/2022/08/08-2022-OSTP-Public-access-Memo.pdf https://www.whitehouse.gov/wp-content/uploads/2022/08/08-2022-OSTP-Public-access-Memo.pdf https://sparcopen.org/wp-content/uploads/2022/10/Desirable-Characteristics-of-Digital-Publication-Repositories-APPROVED-20230331.pdf

1) The Contractor shall supply (or create) an API (Application Programming Interface) or similar function that would enable the NEH’s eGMS (Electronic Grants Management System) to upload articles and metadata into the designated repository.

2) The Contractor shall assign a DOI (Digital Object Identifier) to each article.

3) The Contractor shall create an NEH-branded portal page that the public could use for searching the

NEH-funded papers within the repository.

4) The Contractor shall undertake outreach activities to promote awareness of the repository to NEH constituents, such as colleges, universities, and scholarly societies.

5) The Contractor shall maintain the repository over the course of the contract and ensure it meets certain standards.

6) The Contractor shall provide and review annually a system security plan that addresses the security of web sites, the API, and other repository resources used for storage.

Details will be described below in the Specific Tasks section.

C.4 OBJECTIVE

The NEH is seeking a Contractor to host, maintain, expand, and promote NDR. The NEH is eager to expand public interest in articles whose research was funded by the NEH. As such, an ideal Contractor would be one who already has experience hosting a digital scholarly repository with an established audience.

The NEH has a grants management system called eGMS that all our grantees use to manage their awards. Our objective is to modify eGMS (in house, but in consultation with the Contractor) to begin allowing our awardees to upload PDF versions of their published articles along with appropriate metadata into eGMS. The eGMS shall then call an API, provided by the contractor, to upload the article and metadata into the NDR.

The NEH wants the public to be able to search the NDR either by visiting an NEH-branded portal page (designed by the NEH and the contractor) or by visiting the main search page for the repository, which would allow the public to search for both NEH and non-NEH articles within the repository.

C.5 SPECIFIC TASKS

At a minimum, this SOO supports the following tasks:

TASK 1: Contractor shall develop an API that the eGMS Reach system can use to upload article PDF and metadata into their institutional repository.

a. Contractor shall work with NEH Development Team (DevTeam) to develop/test/refine their API to ensure that the NEH DevTeam can successfully upload the articles and metadata into the NDR.

b. The API must require authentication, input validation, and secure communication using TLS 1.2 or above to ensure data integrity, mitigate the risk of API-related security incidents, and enforce proper use.

The API security must be included in a system security plan reviewed annually to ensure compliance with changing security threats.

TASK 2: Once the system goes into production, the Contractor’s system must be able to immediately ingest each article and its metadata as follows:

a. The article must be assigned a Digital Object Identifier (DOI) and then made visible/searchable within the repository within 48 hours of the upload from the NEH.

b. The public must be able to search for and find the article using the NEH branded portal (see Task 3, below) and/or the general search portal for the repository.

c. When a member of the public finds the article, they must be able to click it and immediately view it.

d. The public shall not be charged a fee nor required to sign up for an account to view an article. (Sign up can be optional to allow for additional features for the user.)

e. If there is an error in the metadata or the article file, the contractor must have a method for contacting the

NEH to correct the issue.

TASK 3: The Contractor shall develop an NEH-branded search portal.

a. Contractor shall work closely with the NEH staff on the design and functionality of this portal.

b. At minimum, the web-based portal must contain the NEH logo and design and have a full keyword search capability that the public can use to find any article that was uploaded by the NEH.

c. When a user clicks on a link for an NEH-uploaded article, the article metadata must appear along with a link to view the full article.

d. The portal must display the following usage data: number of NEH articles uploaded; number of NEH articles viewed.

e. New website content on the NEH portal page must use NEH branding and be approved by the COR prior to posting.

TASK 4: The NEH articles must be fully integrated into the total population of articles on the repository.

a. For example, when the public goes to the repository’s main page (not the NEH branded portal) and does a keyword search, both NEH and non-NEH articles hosted by the repository should appear in the results.

TASK 5: Metadata support

a. When an NEH article is clicked on, the system must display all available metadata fields, to include:

1. Article title

2. Author(s)

3. Contributor(s)

4. Journal title

5. Publication date

6. Volume

7. Issue

8. ISSN

9. Published article DOI

10. Rights statement or license

11. Abstract

12. Notes

13. Funder

14. NEH Award ID (supplied by NEH)

15. DOI (supplied by contractor)

16. Download count (calculated by contractor)

b. The Contractor shall provide a method or plan for data corrections or removal of an article.

TASK 6: General website support

a. The NDR website infrastructure must have the capacity to maintain a large repository of articles and support full backups, stored in a secure location.

b. The website must be compatible with all modern web browsers such as Chrome, Firefox, Safari, and

Edge, and capable of being viewed or accessed by recent versions of iOS and Android for smartphones and Tablets. Further, the website must not require plug-ins as a default. The website’s down time should not exceed .05%.

c. The website and its related resources must have appropriate measures in place to keep it secure from cyber-attacks, hackers, and malware. The security of the web site and its related resources should be documented in a system security plan and subject to annual review to ensure compliance.

d. The website must be designed with an attractive balance of text and graphics such that each page is visually appealing, easy to read, and loads efficiently. The website should be easy to navigate, and information in it should be grouped and presented in a logical manner.

e. The website must meet all applicable requirements for accessibility under Section 508 of the Rehabilitation Act.

f. The website must include a statement communicating how users may submit a Takedown Notice under the Digital Millenium Copyright Act.

TASK 7: Provide support for NEH

a. Provide support, via a dedicated point of contact or helpdesk, to the NEH DevTeam to address any technical support issues.

b. Inform the NEH DevTeam when contractor discovers potential technical issues that require the NEH’s action or approval.

c. Inform the NEH if takedown notices are received for any NEH-supplied articles.

TASK 8: Promotion and outreach

a. The Contractor shall undertake outreach and promotional activities to increase awareness of the NDR.

This may include communications via social media, listservs, academic and professional conferences, etc.

b. Contractor shall describe their repository’s current marketing strategy as a part of their proposal.

TASK 9. Transition Out Plan

a. The Contractor shall provide a Transition Out Plan with their technical proposal defining the process of the transition of no more than 30 calendar days.

b. In the event this task order contract is terminated, expires, or is superseded, the Contractor shall perform all activities including transition planning and reporting, and at the discretion of the Government, shall be required to continue to provide services during the transition period of their successors.

c. The Contractor shall facilitate the seamless transition to an incoming Contractor/Government personnel at the expiration of the contract.

d. The Contractor shall provide a Transition-Out Plan, no later than 90 calendar days prior to expiration of the contract, to include transfer of vital information, documentation and knowledge for successful continuation of operations by the Government or follow-on contractor personnel.

e. At the Contracting Officer Representative’s request, but no earlier than 90 calendar days prior to the expiration of the contract, the contractor shall develop and submit a contract closeout report. The Contractor shall be responsible for collecting, integrating, and reporting all subcontracting information.

C.6 SECTION 508 COMPLIANCE NEW IDIQ CONTRACTS (NOV 2023)

All electronic and information technology (EIT) products (supplies and services) provided or delivered under this contract shall fully conform to Section 508 of the Rehabilitation Act of 1973, as amended, and the Architectural and Transportation Barriers Compliance Board's Electronic and Information Technology Accessibility Standards at 36 CFR Part 1194 et seq.

Any electronic means by which the Contractor shall provide information or data about its offered products must conform to Section 508 requirements.

For every EIT product accepted under this contract by the National Endowment for the Humanities (NEH) that does not fully comply with 36 CFR Part 1194 et seq. (pursuant to an exception or exclusion as determined by the NEH in its discretion), the Contractor shall on 30 days notice, at the discretion of the NEH, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral.

SECTION D

PACKAGING AND MARKING

(Page intentionally left blank)

SECTION E

INSPECTION AND ACCEPTANCE

E.1 ACCEPTANCE

All materials will be inspected and accepted by the NEH Program Office Contracting Officer Representative (COR) for this contract.

E.2 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): http://www.acquisition.gov

52.246-4 May 2001 Inspection of Services-Fixed Price (AUG 1996) http://www.acquisition.gov/

SECTION F

DELIVERIES AND PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The base period for this contract shall remain in effect from date of award through 12 months with four (4) one (1) year option periods, which may be exercised solely at NEH discretion.

a) Exercising of options will be based on the needs of NEH, and subject to the availability of funds.

b) The total duration of this contract, including the exercise of any options under this clause shall not exceed five (5) years. Unless Section F.3 is exercised.

F.2 CLAUSES INCORPORATED BY REFERENCE

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

52.242-15 STOP WORK ORDER (AUG 1989)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

F.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2020)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60_days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed ___6___months.

F.4 REQUIRED SUBMITTALS/DELIVERABLES

The following items shall be submitted/delivered under this requirement:

Description/Title Reference Due Date API Plan Section C.5, Task1 (a) TBD after contract award.

Contractor System Security Plan Section C.5, Task 6 (d) Submitted with contract award and provide annual for the entire Period of Performance for this contract.

Transition-Out Plan Section C.5, Task 8 (b) Submitted with Offerors proposal Repository Marketing Plan Section C.5, Task 9 (a) Submitted with Offerors proposal Transition-Out Plan Section C.5, Task 9 (d) No later than 90 days prior to the contract expiration.

https://www.acquisition.gov/

SECTION G

CONTRACT ADMINISTRATIVE DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD

MANAGEMENT (OCT 2018)

G.2 REQUEST FOR PAYMENT - INVOICING

A contractor shall invoice MONTHLY for work completed during the current time frame.

If a request for payment does not include all the items required by the clause at FAR 52.232-25, Prompt Payment, then the request is not proper and shall be returned with a statement of the reason(s) it is not proper.

If a request for payment includes all the items required by the clause at FAR 52.232-25, Prompt Payment but is inaccurate, then the request is not proper and the contractor shall be notified in writing of the error(s); the Government reserves the right to return an inaccurate request for payment with a statement of the reason(s) it is not proper.

Each original invoice shall be submitted to the designated billing office at the following email address:

AQInvoices@neh.gov

G.3 CONTRACTING OFFICER REPRESENTATIVE (COR)

The Program COR this contract is: TBD At Award.

G.4 52.216-18 ORDERING (AUG 2020) (VAR)

(a) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(b) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail.

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(c) Orders may be issued by methods other than those enumerated in this clause only if mailto:AQInvoices@neh.gov authorized in the contract.

G.5 CONTRACTOR CONTACT

The point of contact for this contract is:

Name:

Title:

Email address:

Phone number:

G.6 POST-AWARD CONFERENCE (NOV 2023)

The National Endowment for the Humanities intends to hold a post-award conference with the contractor no later than 2 weeks after contract award. The purpose is to bring all relevant contract administration personnel together to ensure a clear, mutual understanding of the contract requirements/objectives and personnel roles and responsibilities. Any changes to the contract resulting from a post-award conference must be made by contract modification.

G.8 CONTRACTOR’S PROPOSAL

The Contractor’s proposal, portions thereof at the discretion of the Contracting Officer, shall be incorporated by reference and made a part of the contract.

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACTOR RESPONSIBILITY FOR GOVERNMENT RECORDS

(a) A government record generated by the contractor is a document prepared by the contractor to fulfill a requirement of NEH in accordance with Section C of this contract.

(b) The Contractor shall securely maintain and store, for the government, all records including those which the NEH contract does not expressly require the Contractor to deliver to the government.

(c) At completion of the contract, the Contractor shall turn over to the government all government records in accordance with this instruction in the contract, in the absence of any instructions, in accordance with the direction of the Contracting Officer.

SECTION I

CONTRACT CLAUSES

I.1. CLAUSES INCORPORATED BY REFERENCE

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): http://www.arnet.gov.far/

FAR 52.202-1 Definitions FAR 52.203-5 Covenant Against Contingent Fees FAR 52.203-6 Restrictions on Subcontractor Sales to the Government-Alternate 1 FAR 52-203-7 Anti-Kickback Procedures FAR 52-203-17 Contractor Employee Whistleblower Rights FAR 52.204-13 System for Award Management Maintenance FAR 52.204-15 Service Contract reporting Requirements for Indefinite-Delivery Contracts FAR 52-204-19 Incorporation by Reference of Representations and Certifications FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab Covered Entities FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment FAR 52.204-25 Prohibitions on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation FAR 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representations and Disclosures FAR 52.216-25 Contract Definitization FAR 52.216-25 Alternate 1 FAR 52.222.50 Combating Trafficking in Persons-Alternate 1 FAR 52.222.50 Alternate 1 FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran-Representation and Certifications FAR 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving FAR 52.232-1 Payments FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-3 Protest after Award FAR 52.233-3 Alternate 1 FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.244-6 Subcontracts for Commercial Products and Commercial Services http://www.arnet.gov.far/

SECTION J

LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

Attachment No. No. of Pages Attachment Title B.1 1 Cost Breakdown Template C.1 8 2022 OSTP Memo C.2 4 U.S. Repository Network

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENT OF BIDDERS

K.1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________

[insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

K.2 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209- 7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability https://www.acquisition.gov/far/52.209-7#FAR_52_209_7 https://www.acquisition.gov/far/52.209-7#FAR_52_209_7 https://www.acquisition.gov/far/9.104-5#FAR_9_104_5 because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv)The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

K.3 52.219-1 SMALLBUSINESS PROGRAM REPRESENTATIONS (FEB 2024)

(a) Definitions. As used in this provision-

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern-

(1) (i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii)The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran or;

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, means a veteran as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16), with a disability that is service-connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that—

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (b) of this provision.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.acquisition.gov/far/subpart-19.14#FAR_Subpart_19_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.ecfr.gov/current/title-13/part-121

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that-

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern-

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b) (1) The North American Industry Classification System (NAICS) code for this acquisition is 518210;

(2) The small business size standard is _$40 million.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) The offeror represents as part of its offer that—

(i) it [ ] is, [ ] is not a small business concern; or

(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(6) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not an SDVOSB concern.

(8) SDVOSB joint venture eligible under the SDVOSB Program. [Complete only if the offeror represented itself as a SDVOSB concern in paragraph (c)(7) of this provision].

The offeror represents as part of its offer that it [ ] is, [ ] is not a SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.

[ The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(9) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, as https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Notice. Under 15 U.S.C.645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-

(1) Be punished by imposition of fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

https://www.ecfr.gov/current/title-13/section-126.200 https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c) http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

SECTION L

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB1998)

This solicitation incorporates one or more solicitation provisions 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.

The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/

L.2 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Indefinite Delivery Indefinite Quantity (IDIQ) contract resulting from this solicitation.

L.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Ms. Cecily Dennis, National Endowment of the Humanities, 400 Seventh Street SW Washington, DC 20506

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

L.4 PROPOSAL DUE DATE (CLOSING DATE)

Proposals submitted in response to this solicitation (RFP) are due at August 30, 2024 at 12:00 PM EST.

L.5 SOLICATION QUESTIONS

Questions/comments for the solicitation must be submitted in writing to the Contract Specialist, Millie Thomas, mthomas@neh.gov, and Contracting Officer, Cecily Dennis, cydennis@neh.gov, no later than August 14, 2024 at 12:00 PM EST to ensure Government consideration. Responses to questions will be sent via email directly to offerors.

L.6 AMENDENT OF SOLICITATION PRIOR TO PROPOSA CLOSING TIME

The Government reserves the right to amend the solicitation prior to the closing time. Such amendments will be communicated by formal amendment (Standard Form 30) to this RFP.