47HAA023Q0022 Bloomberg Government Legal Subscription Services RFQ.pdf

GENERAL SERVICES ADMINISTRATION (GSA)

OFFICE OF ADMINISTRATIVE SERVICES (OAS)

OFFICE OF INTERNAL ACQUISITION (OIA)

REQUEST FOR QUOTATION (RFQ) No: 47HAA023Q0022

Bloomberg Government Legal Subscription Services

OCIA - Congressional and Intergovernmental Affairs (S)

This Solicitation is issued to all active SAM.gov contract holders

SIN 611430

Professional and Management Development Training

NAICS Code: 611430

RFQ Issue Date: March 2, 2023

Questions Due: 1:00 PM EST, March 6, 2023 Quotations Due: 1:00 PM EST, March 8, 2023

Table of Contents

SECTION I 3

1.2 Letter to Interested SAM.gov Contract Holders 3

SECTION II Solicitation Information 4

2.1 General 4

2.2 Quotation Content 5

2.3 Quotation Evaluation 7

SECTION III Statement of Work (SOW) 10

3.1 GENERAL: Bloomberg Government Legal Subscription Services 10

SECTION IV Firm-Fixed Price Level Terms and Conditions 11

4.1 General 11

4.2 Task Order Level Clauses 11

4.3 Individuals Authorized to Commit the Government 20

4.4 Contracting Officer’s Representative (COR) 21

4.5 Funding and Payment 21

4.6 Contractor Performance Assessment Reporting System (CPARS) 21

4.7 Contractor Non-Disclosure Requirements and Organizational Conflict of Interest 22

4.8 Data Security and Privacy 22

4.9 Data Rights 22

4.10 Facilities Security 22

4.11 Ad Hoc or Situational Teleworking 23

4.12 Copyright Notice 23

SECTION V Firm-Fixed Price Schedule 25

SECTION I

1.2 Letter to Interested SAM.gov Contractors, SIN 611430 - Professional and Management Development Training, Solicitation number: 47HAA023Q0022

To Whom It May Concern:

The General Services Administration (GSA), OCIA - Congressional and Intergovernmental Affairs (S), has identified a need for legal subscription services.

As such, this Request for Quotation (RFQ) is being issued to SAM.gov contract holders. The RFQ summary is as follows:

(1) Statement of Work (SOW) for Contractor Support for the Bloomberg Legal Subscription Services

(2) Task Order Type: Firm-Fixed Price

(3) Performance Period: 12-month base period and (4) 12-month option periods.

(4) Questions Due by NLT 1:00 PM EST, March 6, 2023

(5) Quotations Due By NLT 1:00 PM EST, March 8, 2023

All electronic quotation submissions shall only be made via Sam.gov. Any corrupt or unreadable documents shall not be considered for evaluation purposes. Any files not received by the cut-off date and time specified herein shall be deemed late and shall not be considered for evaluation.

If you have any questions regarding this RFQ, please contact GSA points of contact listed below.

GSA Contract Specialist (Primary POC):

Erica Pelham Email: erica.pelham@gsa.gov, Tel.: (202) 286-2184

GSA Contracting Officer (Alternate POC):

Kenya McPherson E-mail: kenya.mcpherson@gsa.gov, Tel.: (202) 716-4512

SECTION II Solicitation Information

2.1 General

The Government contemplates awarding one (1) single-award, firm-fixed price purchase order against an eligible SAM.gov contract in accordance with FAR Subsection 6.302 assuming the quotation has met, or exceeded, the Government’s requirements in the evaluation process for best value. It is expected that Vendors will submit Quotations in accordance with the procedures and requisite requirements identified in this Solicitation in accordance with their SAM.gov contract.

This RFQ will be competed among SAM.gov contract holders on the 611430 listed on the cover page of this RFQ on an unrestricted basis.

2.1.1 Type of Award

This procurement is Other than Full and Open Competition under NAICS code 611430. This procurement shall be conducted in accordance with procedures in FAR Reference 6.302.

2.1.2 Submission Information

Responses to this RFQ shall be submitted via email to the attention of the GSA PoCs listed in RFQ Section I. Quotations shall not be submitted to any other parties. Vendors are hereby notified that any corrupt or unreadable documents shall not be considered for evaluation purposes. Any files not received by the cut-off date and time specified herein shall be deemed late and not considered for evaluation.

Questions pertaining to this RFQ shall be submitted by NLT 1:00 PM EST, March 6, 2023, to the attention of GSA POCs identified in Section I above. Questions received after this cut-off date shall be addressed only at the discretion of the Contracting Officer. The Government intends to provide responses to questions no later than 1 day prior to the RFQ due date.

2.1.3 Format

No paper (hard copy) quotations shall be accepted. All submitted electronic documents shall be in PDF and MS Excel format. Each page in the submitted documents shall fit on 8 ½” X 11” paper size, with all text single-spaced, using font size no less than 11 points. All text and graphics shall be legible. The Technical Quotation and Price Quotation for the task/delivery order shall be separate files. No pricing information shall be included in the Technical Quotation. Page limits are not inclusive of cover page and table of contents.

The following naming conventions for the quotation documents should be utilized:

47HAA023Q0022 - Vendor Name - [Technical/Price] Quotation [DATE]

2.1.4 Minimum Requirements

Vendors responding to this RFQ shall meet the following minimum requirements. Quotations that fail to meet any one of these minimum requirements shall not be further evaluated and shall be deemed ineligible for award.

1. Submit complete quotation documentation in accordance with RFQ instructions;

2. The Government encourages forming Contractor Team Arrangements (CTAs) among SAM.gov contract holders. If a CTA is utilized in the vendor’s quotation, each team lead and team members’ current and accurate SAM.gov contract pricing shall be posted in the SAM.gov.

Note - Formulation of a CTA is optional.

3. Proposed prices shall be in accordance with the vendor’s SAM.gov contract. The Government is seeking additional discounts off of vendor’s SAM.gov contract prices.

4. Quotation shall be submitted by the Team Lead, if applicable; and,

5. Quotation shall identify the SAM.gov Unique Entity ID (UEI) Number for all team members (including Subcontractors) and each shall have current System for Award Management (SAM) registration as of the time of quotation submission.

6. Vendor shall be registered in the System for Award Management (SAM) with no active exclusions.

2.1.5 Assumptions

All assumptions shall be evaluated as part of the individual factor to which they apply. The Government reserves the right to reject any quotation that includes any assumption that may impact satisfying the Government’s requirements. Option years are based on funding availability.

The Government reserves the right not to exercise any option year(s) if determined to be in the best interest of the Government.

2.2 Quotation Content

Vendors are requested to provide a submission that is in accordance with the instructions in this RFQ, including the Evaluation Factors for Award section.

All vendor Quotations must include the data elements and information as follows.

2.2.1 Part 1 (Price Quotation) (5-Page Limit)

The Price Quotation shall be separate from the Technical Quotation. The Price Quotation shall consist of the following:

1. Cover Letter;

2. Price Schedule with proposed pricing for each task identified in the Statement of Work for the 12-month base period and [4] 12-month option periods using attached price schedule template in MS Excel format; (Vendors may provide additional price breakdowns and explanations to support their Quoted price in accordance with the manufacturer’s commercial pricing practices).

3. Listing of any proposed discount(s) from vendors’ schedule contract prices, as applicable;

4. The vendor shall describe the overall pricing strategy and fully disclose all costs associated with the offered products and services. Backup documentation may be requested in support of GSA Schedule vendor’s price quotation. The information requested in the quotation is required to enable the Government to perform a price analysis and determine whether Quoted pricing is fair and reasonable.

5. Acknowledgement of Amendments, as applicable; and,

6. Statement that the Quotation shall remain valid for a minimum of ninety (90) days.

Price Quotation

[SOW] Sections Page Limit

Price NA [5] pages (not including Required Price Schedule Template)

2.2.2 Part 2 (TECHNICAL QUOTATION)

(5 Page Limit)

The Technical Quotation and Price Quotation, including mandatory Price Schedule Worksheet, shall be submitted as separate volumes (file attachments). The Technical Quotation shall consist of narrative sections for the technical requirement listed under listed in the table below. Page limits for each evaluation factor are provided and are inclusive of each evaluation sub-factor.

Technical Quotation [SOW] Sections Page Limit

Technical Capability

● Authorized Reseller of Brand

Name Software

2.3.2 5

2.3 Quotation Evaluation

This acquisition will utilize the Lowest Price Technically Acceptable (LPTA) source selection method to make awards without discussions. Awards will be made on the basis of the lowest evaluated price of vendor quotations meeting or exceeding the acceptability standards for non-price factors. Price is more important than technical/non-price factors.

The Government will evaluate the quotations based on the following evaluation factors, listed in the descending order of importance:

1. Price

2. Technically Acceptable

2.3.1 Price Quotation Evaluation

The vendor shall provide detailed pricing for all CLINs on the price schedule template, and should also provide a summary of any assumptions and exclusions.

The price Quotation will be evaluated for consistency and understanding of the requirements set forth in this RFQ and Statement of Work.

GSA will confirm that the Quoted prices in the Quotation are accurate and consistent with the vendor’s current SAM.gov contract terms and conditions. Quotations containing pricing information that is inaccurate, erroneous and/or inconsistent with the vendor’s SAM.gov contract terms and conditions will be deemed ineligible for award and will not receive further consideration.

GSA is seeking additional, order-level discounts under this RFQ in addition to any discounts available at vendors’ SAM.gov contract level.

Open market items may be included on the vendor's price quotation but must be clearly marked as “open market” item(s) and shall be incidental to other items available on the vendor's SAM.gov Contract.

2.3.1.1 Evaluation of the Price Quotation

The Government will evaluate the Quoted total price for the total period of performance (12-month base period and (4) 12-month option periods). Quoted price for each option period and Quoted price at each CLIN level for accuracy, consistency with the prices as approved in the vendor's schedule contract and clearly demonstrated ability to fully meet the requirements as set forth in the RFQ and the Statement of Work.

2.3.2 Technical/Non-Price Quotation Evaluation

2.3.2.1 Technical Capability

The Government will assess whether the vendor is capable of meeting and/or exceeding all of the requirements as outlined in the RFQ and in the Statement of Work (3.1 below).

Specifically, the Government will evaluate for technical acceptability to determine that the technical requirements and/or features are fully addressed in the quotation response for Technical Capability.

2.3.2.2 Adjectival Ratings for Evaluating Technical Capability

Each vendor’s technical quotation will be evaluated to determine if the vendor provides a sound, compliant approach that meets the requirements of this Statement of Work and demonstrates a thorough knowledge and understanding of those requirements.

The Government will review the vendor’s Quotation to determine the products offered meet the required specifications and features described in the Statement of Work.

Adjectival Rating Definitions for Evaluation Technical Capability

Adjectival Rating

Description

Acceptable Quotation sufficiently demonstrates the Vendor met all technical requirements described under the Statement of Work. There were no weaknesses found in any areas of the response to the Technical Acceptability. The Vendor provided sufficient documentation to support the product and service are established under their SAM.gov contract.

Unacceptab le

Quotation demonstrates meeting some, but not all of the requirements described under the Statement of Work. At least one deficiency noted.

Products and services are not available under the Vendor’s SAM.gov contract.

2.3.7 Best Value - Lowest Price Technically Acceptable Evaluation Process

Quotations must demonstrate a clear understanding of the nature and scope of the work required.

Failure to provide a responsive, reasonable, and complete Quotation may reflect a lack of understanding of the requirements and may result in a Quotation receiving no further evaluation and determined ineligible for award.

Award of one (1) single-award will be made to the responsible vendor whose Quotation conforms to the requirements outlined in this RFQ and is determined to represent the best value to the Government in terms of technical merit and proposed price.

Vendors should note that price is more important than technical/non-price factors.

Communications:

The Government intends to award without communications. SAM.gov contract vendors shall provide their best, complete Quotation upon initial submission. The Government reserves the right to hold communications if deemed necessary by the Contracting Officer.

Government-employee representatives from the requiring program office shall provide technical evaluation of all Quotations based on the Quotations/documentation provided. The evaluations will be based on the evaluation criteria set forth above.

2.3.8 Evaluation of Options

For award purposes, in addition to the vendor’s response to the base period requirements, the Government will evaluate the vendor’s Quotation in response to all RFQ option periods.

Evaluation of the option periods will not obligate the Government to exercise the options.

SECTION III Statement of Work

3.1 GENERAL

The Government contemplates an award of one (1) sole source purchase order. This will be a sole source award pursuant to the authority of FAR 6.302-1.

The Government requires a comprehensive, subscription-based, online tool that collects best-in-class data on legislation and congressional actions, regulations and federal spending, provides high end analysis and analytic tools providing timely congressional reporting

Bloomberg Government is the only available source to provide the requested subscriptions, which provides access to congressional and governmental data available in one location to help government officials achieve efficiency when searching for information vital to completing OCIA’s core mission. Bloomberg Government gives government officials immediate access to congressional and legislative data that is vital to OCIA. Verbal hearings are transcribed and ready for review via their web portal in under 24 hours.

Bloomberg Government also brings access to the FPDS-NG with many of the other data systems that GSA relies on to create the necessary and required details. This symbiotic relationship with GSA data systems allows the OCIA to be in sync with various OMB initiatives. Bloomberg Government provided a more effective process for GSA to monitor and review acquisition data and create opportunities to inform Federal acquisition methods.

To meet its core mission, the OCIA requires a comprehensive, subscription-based, online tool that collects best-in-class data on legislation and congressional actions, regulations, and federal spending, provides high-end analysis and analytic tools providing timely congressional and federal procurement data reporting. The tool must provide:

1. Congressional and legislative updates including calendar schedules for upcoming events and legislation

2. Legislative and congressional news and analysis

3. Congressional member profiles and directories

4. Federal budget, procurement, and contracts data

The tool must be customizable to allow for custom alerts and reports to be generated from the system.

SECTION IV Firm-Fixed Price Level Terms and Conditions

4.1 General

The terms and conditions provided for in the vendor’s SAM.gov contract are incorporated in this requirement. All order of precedence issues shall be governed by FAR 52.212-4(s), as supplemented and deviated from in GSAR 552.212-4.

4.1.1 Period of Performance: As indicated in the Statement of Work, the Government desires services for 12-month base period and (4) 12-month option periods. Options, if determined required, shall be exercised in accordance with applicable regulations.

4.1.2 Task Order Award: Award of the resultant firm-fixed price contract shall be made via a bilaterally signed SF1449. Award shall consist of mandatory Firm-Fixed Price Contract Line Item Numbers (CLINs) for Bloomberg Government Legal Subscription Services covering the Base Period and 4 Option Years.

4.2 Task Order Level Clauses

In addition to the clauses set forth therein the Contractor’s SAM.gov contract, the following additional task order level clauses are herein made a part of, and pertain to, any resultant contractual action for this Task Order.

4.2.1 Task Order Level Clauses Incorporated by Reference:

FAR 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 these addresses.

(a) Federal Acquisition Regulation: https://www.acquisition.gov/far/

The following clauses are incorporated by reference, and made a part of, the resultant task order:

Clause No Title Date

52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards

JUN 2020

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

NOV 2021

52.212-4

(ALTERNAT

E I)

Contract Terms and Conditions—Commercial Products and Commercial Services (ALTERNATE)

NOV 2021

52.217-5 Evaluation of Options JULY 1990

52.217-7 Option for Increased Quantity-Separately Priced Line Item MAR 1989

52.217-8 Option to Extend Services NOV 1999

52.217-9 Option to Extend the Term of the Contract MAR 2000

52.219-8 Utilization of Small Business Concerns OCT 2022

52.232-22 Limitation of Funds APR 1984

52.237-3 Continuity of Services JAN 1991

52.252-2 GSAM CLAUSES INCORPORATED BY REFERENCE

The full text of a provision may be accessed electronically at: GSAM website:

https://www.acquisition.gov/gsam/gsam.html

Clause No

Clause Title Date

552.204 -9

Personal Identity Verification Requirements JUL

552.212 -4

Contract Terms and Conditions—Commercial Items (FAR

DEVIATION)

JAN

552.212 -71

Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items

JAN

552.212 -72

Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to GSA Acquisition of Commercial Items

JAN

552.232 -39

Unenforceability of Unauthorized Obligations (FAR DEVIATION) FEB

SECURITY CLAUSES INCORPORATED BY REFERENCE

Clause No Clause Title Date

FAR

52.204-2

Security Requirements Mar 2021

FAR

52.224-1

Privacy Act Notification Apr 1984

FAR

52.224-2

Privacy Act Apr 1984

FAR

52.239-1

Privacy or Security Safeguards Aug 1996

FAR

52.204-21

Basic Safeguarding of Covered Contractor Information Systems Nov 2021

The following GSA policies must be followed as applicable:

1. Attachment A - CIO 09-48, IT Security Procedural Guide: Security and Privacy IT

Acquisition Requirements

2. Attachment B - CIO 12-2018, IT Policy Requirements Guide The contractor’s personnel involved with this task order are required to review above-cited contract clauses and policies and ensure compliance throughout the life of this task order.

4.2.3 Firm-Fixed Price Level Clauses Incorporated in Full Text

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 90 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 sixty months.

(End of clause)

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond the base year period of performance. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the base year period of performance, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

4.3 Individuals Authorized to Commit the Government

For purposes of the resultant Task Order, only the GSA OIA Contracting Officer, acting within the scope of their warrant authority, are empowered to execute contract actions, and any necessary modifications thereto.

The Contracting Officer is the only person authorized to approve any changes in the scope of work for this requirement. In the event the contractor effects any changes at the direction of any person other than the Contracting Officer, the changes shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase of expenses incurred as a result thereof.

The Primary Contracting Officer for the Task Order shall be as follows:

Erica Pelham, E-mail:erica.pelham@gsa.gov, Tel.: (202) 286-2184

4.4 Contracting Officer’s Representative (COR)

Any individual delegated as the Contracting Officer’s Representative (COR) under the resultant Task Order shall be limited to technical cognizance and performance oversight. The COR shall not at any time execute contract actions or modifications therein. The Contracting Officer shall issue a formal COR appointment letter, to be included with the resultant task order award package, and shall provide a copy to the Contractor. Responsibilities and limitations on authority specific to the resultant Task Order shall be identified within the appointment letter. Any changes to the COR or assigned duties therein shall be made in writing by the Contracting Officer.

The Contracting Officer's Representative (COR) and/or Program Manager shall assist in monitoring the contractor’s performance. The contractor’s performance shall be evaluated by the COR and Program Manager unless otherwise required.

The COR shall contact the Contracting Officer for any changes needed on the requirement. The Primary Contracting Officer’s Representative for the Task Order shall be as follows:

Juanita Manley, E-mail:juanita.manley@gsa.gov, Tel.: (202) 969-7135

4.5 Funding and Payment

Prompt Payment Requirements: Payments will be processed in accordance with FAR Clause 52.212-4(i) Payments as supplemented and deviated from in GSAM Clause 552.212-4.

INVOICES: The Contractor shall submit invoices in accordance with the Government’s requirements in the SOW.

Submission of Original Invoices:

Invoices shall be submitted no later than fifteen calendar days following performance and/or delivery. The invoice must be accompanied by any applicable monthly status reports submitted during that period. The COR and CO shall receive a copy of the invoice and all supporting documentation. This can be done before, but no later than, the same time as invoice submission to the GSA Financial Operations and Disbursement Center.

Invoices are authorized for payment upon the Government’s receipt and acceptance of deliverables specified in the contract and the receipt of a valid invoice. Invoices, to be proper and payable, must include the following information:

1. Name and address of the Contractor, and

2. Invoice date and number, and

3. Contract/Order Number (as listed in Block 4 on Form SF1449) and Pegasys Document

Number (PDN) (GD followed by [PIID Number as listed in Block 4 on Form SF1449]), any Contract Line Item Numbers (CLINs), and the Program/Project Title (insert program/project title here) and

4. Description of the services/products provided including CLIN number and description, quantity, unit of measure, unit price and extended price of the item(s) delivered; period of service and/or dates that services were provided, etc., and;

5. Name and address of the contractor’s authorized representative to whom payment is to be sent, and;

6. Name, title, and phone number of the contractor’s PoC to be notified in the event of defective invoice; and

7. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice and ensure the SAM.gov profile for the contractor is complete including the payment remittance address and bank details.

The Contractor shall submit an original invoice for payment to GSA Financial Operations and Disbursement Center.

P.O. Box 419279 Kansas City, MO

Copies of invoices shall be emailed to the designated Contracting Officer Representative

(COR).

Copies of invoices shall be emailed to the designated Contract Specialist and Contracting Officer.

Please Note: Failure to send both copies could delay your payment.

When invoicing GSA, ensure all data listed in Items 1-7 above are present on the invoice.

All invoices shall be submitted electronically. Password and electronic invoice access is obtained through VCSS, https://phdc-pub.gsa.gov/vcssregistration/.

For assistance with how to setup electronic invoicing or payment related information, please contact GSA Finance Customer Support (800) 676-3690 or kc-acctspayable.vcss@gsa.gov.

A copy of the invoice must be sent to the COR/Program Office POC, Juanita Manley at juanita.manley@gsa.gov for approval. A courtesy copy of the invoice must also be sent to the Contract Specialist, Kenya McPherson at kenya.mcpherson@gsa.gov and Contracting Officer, Erica Pelham at erica.pelham@gsa.gov for the official contract file.

FINAL INVOICE: The Contractor shall submit with a GSA Form 1142- Release of Claims with submission of the final invoice at the end of the period of performance. A copy of the form should be sent via email to the Contracting Officer and to the Contract Specialist and COR identified as the Government POCs in the SOW.

4.6 Contractor Performance Assessment Reporting System (CPARS) GSA OIA shall prepare evaluations of contractor’s performance under the resultant Task Order.

In addition to a final CPARS assessment, interim evaluations shall also be completed annually.

The contractor shall designate an appropriate point of contact (including name, telephone number and email) for use in registration of the resultant task order in the CPARS system for use in completing performance assessments. Performance assessments will be routed to this individual through the CPARS portal for coordinating comments with the Contractor in accordance with FAR Section 42.1502. Any updates to the identified point of contract shall be made in writing to the Contracting Officer within five (5) business days to ensure timely update of the communication matrices housed within the CPARS portal.

4.7 Contractor Non-Disclosure Requirements and Organizational Conflict of Interest

a. Contractors may require access to program sensitive information or pre-decisional, sensitive information, and may be required to complete non-disclosure forms. The forms will restrict any use of inside information as procurement sensitive. Non-disclosure forms will be kept on file with the COR.

b. The Contractor may have access to information by virtue of their performance under this contract that could give rise to a potential (real or perceived) Organizational Conflict of Interest (OCI). Therefore, the Contractor shall ensure that it remains free from or satisfactorily mitigates any potential (real or perceived) OCI associated with this effort by providing written notice, and its proposed mitigation plan, to the Contracting Officer as soon as practicable after identifying the potential OCI. The Contracting Officer will consider the proposed mitigation plan and take whatever steps necessary to protect the Government’s best interest.

4.8 Data Security and Privacy

The contractor shall be responsible for properly protecting all information used, gathered, disclosed, or developed as a result of work under this contract. The contractor shall also protect all government data by treating information as sensitive. All information gathered or created under this contract shall be considered as confidential information. It is anticipated that this information will be gathered, created and stored within the primary work location. If contractor personnel must remove any information from the primary work area they should protect it to the same extent they would their proprietary data and/or company trade secrets. The information shall not be disclosed, copied, modified, used (except in completion of a task order) or otherwise disseminated to any other person or entity at any time to include, but not limited to inclusion in any database external to GSA without GSA's expressed consent.

The use of this data is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

4.9 Data Rights

The Government shall have unlimited use rights, at no additional cost to the Government, for all intellectual property developed or delivered in accordance with a task order. This right does not abrogate any other Government rights. Anything produced belongs to the Government with no restrictions. Anything that is licensed, copyrighted to be used in deliverables to the Government must be identified prior to award of each task order and approval made by GSA.

Government data rights of software deliverables shall be in accordance with FAR 52.227-19 Commercial Computer Software License and/or FAR 52.227-14 Rights in Data - General.

Ownership of data entered into any and all systems, system documentation, all deliverables produced in the performance of this contract, and other related system information shall reside with the Government.

4.10 Facilities Security

The Federal Acquisition Regulation (FAR) Council requires that all federal entities ensure that all Contractors have current and approved security background investigations that are equivalent to investigations performed on Federal employees.

In accordance with Homeland Security Presidential Directive 12 (HSPD-12) and GSA regulations, contractor employees who required access to GSA facilities and IT systems, must receive a successful determination from the security clearance process to receive a GSA Access Card (Access Card), at the minimum, a Moderate Background Investigation with written Inquiries (MBI) is required. Successful results from the FBI National Criminal History Check (i.e., fingerprint check) portion must be received before an Access Card can be issued.

The vendor will adhere to all GSA facility security requirements and information technology security requirements. Contractor employees without government issued identification badges shall be escorted while in the Government building.

The Contractor shall return all badges to the government on the same day that an individual employee is terminated, and/or upon termination or completion of the Call Order. The Contractor shall notify the Government immediately of any lost or stolen badges.

The Government assumes financial responsibility for any fees connected to the clearance process for contractor employees and the issuance and/or maintenance fees for the Access Card.

4.11 Ad Hoc or Situational Teleworking

The Federal telework program and policies does not cover Federal contractors. However, this does not prohibit and should not prevent contractor employees from teleworking as appropriate.

This provision authorizes telework in the event of hazardous road conditions in the winter months, an office move, a COOP exercise, or an emergency. Telework arrangements for contractors should be negotiated with both the contractor's own employer and with the Task Order Contracting Officer Representative and Contracting Officer so policies and procedures are in agreement with all parties. Telework agreement must be coordinated on a task by task basis as needed. Teleworking must be approved by the Task Order Contracting Officer. A report of telework activities shall be submitted by the contractor employee to the contractor Program Manager for each day telework is performed. The Contractor Program Manager shall submit the report to the Task Order Contracting Officer and Task Order Contracting Officer Representative by the end of each telework day.

4.12 Copyright Notice

The Contractor shall place the following copyright notice on all materials, documents, deliverables, etc. developed during performance of this contract.

This work, authored by [contractor name] employees, was funded in whole or in part by federal funds under U.S. Government contract [number] and is, therefore, subject to the following license: The government is granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable, worldwide license in this work to use, reproduce, modify, prepare derivative works, disclose, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the government. All other rights are reserved by the copyright owner.

For purposes of clarity, the intent of the government is for intellectual property to be vested in the Federal Government for work paid for by the Federal Government. All documents, graphics, and code created under this contract are the intellectual property of the Federal Government including, but not limited to, plans, reports, schedules, software code, software designs, graphics, etc. In the event that the Federal Government implements under this contract open-source software and pays for the cost of the implementation of open-source software, the final changes and edits to the code and configuration (such as work to integrate plug-ins) are the intellectual property of the Federal Government.

SECTION V Firm Fixed Price Schedule

5.1 GENERAL:t. Vendors must ensure that their price quotations include proposed pricing for all tasks, CLINs, and deliverables as set forth in the Statement of Work.

Vendors shall indicate clearly only labor categories and associated hourly rates as set forth on their SAM.gov Contract.