Symphony Software Licenses Request for Quote Amendment0001.pdf

REQUEST FOR QUOTE (RFQ)

47QFAA21Q0001

For the Establishment of a Task Order for:

Symphony Software Licenses

In support of the

General Services Administration OASIS Program

Sole Source HUBZone, FAR 19.1306 Conducted under FAR 12 and 13.5

Issued by:

GSA/Federal Acquisition Service (FAS)

Office of Professional Services and Human Capital (PSHC) Contract Operations Division (ConOps)

77 Forsyth Street SW, Atlanta, GA 30330

Solicitation Issue Date: February 17, 2021 Solicitation Closing Date and Time: February 23, 2021 9:00 AM (EST)

SECTION A- INTRODUCTION

A.1 OBJECTIVE

The General Services Administration (GSA), Federal Acquisition Services (FAS), Office of Professional Services & Human Capital Categories (PSHC) has an immediate requirement for Symphony Software Licenses to support the One Acquisition Solution for Integrated Services (OASIS) program. Symphony Software licenses supports GSA

OASIS (GSA) by allowing the OASIS team access to an online suite of acquisition tools to automate post award programmatic functions to increase transparency; reduce the government’s risk to fair opportunity; shift some of the responsibility for accountability to industry and reduce PSHC’s personnel resource allocation and workload.

A.2 BACKGROUND

In Fiscal Year 2019, GSA's One Acquisition Solution for Integrated Services (OASIS) began a substantial re-solicitation process to on-ramp new OASIS contractors. The on ramps required a customized solution to reduce extensive man-hour requirements for evaluation of offers. Based on market research, a contract was awarded to Apex Logic for their Symphony Express contract management software tool, which allowed oversight and management of the solicitation process, including evaluations. Based on the government’s continued requirement and the positive feedback from all users, GSA is seeking to expand use of the Symphony tool to enable its additional commercial-off-the-shelf features including collaborative workflow between ordering agency, client agency, and industry partners to create, compete, evaluate, and administer task order requirements to support GSA's requirement.

Symphony Software licenses support GSA OASIS (GSA) by allowing the OASIS team access to an online suite of acquisition tools to automate post award programmatic functions to increase transparency; reduce the government’s risk to fair opportunity;

shift some of the responsibility for accountability to industry; improve the customer ordering experience; and reduce GSA’s personnel resource allocation and workload.

No similar tool is available in the GSA Enterprise.

A.3 SCOPE

The scope of the Symphony License requirement is to provide unlimited license and customization as part of the Symphony Premium Package, a combination of telephone support on a 24 hour, five days-per-week basis, web/email support with no more than four-hour response time, software updates, complete contract vehicle set up and training. The contractor shall be required to work with various program offices within

GSA as needed to bring individual programs online.

SECTION B - SUPPLIES OR SERVICES AND PRICES

B.1 ORDER TYPE

The contractor shall perform the effort required by this Contract on a Firm Fixed Price (FFP) basis. The work shall be performed in accordance with all Sections of this contract.

B.2 SERVICES AND PRICES

Travel and ODCs will not be reimbursed under this contract. The following abbreviations are used in this price schedule:

CLIN Contract Line Item

FFP Firm-Fixed-Price

QTY Quantity

CONTRACT LINE ITEMS (CLINS)

CLIN Description CLIN Type Qty

Period of Performance: March 1, 2021 - February 28, 2022

0001 OASIS and OASIS SB Standard Plus Licenses

FFP 228

0002 ISSO FFP 12

0003 Optional: Custom Development (NTE 20K) FFP 1

Period of Performance: March 1, 2022 - February 28, 2023

1001 OASIS and OASIS SB Standard Plus Licenses

FFP 228

1002 ISSO FFP 12

1003 Optional: Custom Development (NTE 20K) FFP 1

Period of Performance: March 1, 2023 - February 29, 2024

2001 OASIS and OASIS SB Standard Plus Licenses

FFP 228

2002 ISSO FFP 12

2003 Optional: Custom Development (NTE 20K) FFP 1

Period of Performance: March 1, 2024 - February 29, 2025

3001 OASIS and OASIS SB Standard Plus FFP 228

Licenses

3002 ISSO FFP 12

3003 Optional: Custom Development (NTE 20K) FFP 1

Period of Performance: March 1, 2025 - February 29, 2026

4001 OASIS and OASIS SB Standard Plus Licenses

FFP 228

4002 ISSO FFP 12

4003 Optional: Custom Development (NTE 20K) FFP 1

-PLEASE INCLUDE THE PRICE TABLE WITH SPECIFIC PRICING FOR

EACH CLIN IN YOUR VOLUME II PRICE QUOTE.

SECTION C - DESCRIPTION/SPECIFICATIONS

C.1 GENERAL REQUIREMENTS

This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

C.2 BILL OF MATERIALS

C.2.1 Licenses

The contractor shall provide unlimited license and customization as part of the Premium package (Symphony). Contractor shall provide a combination of telephone support on a 24 hour, five days-per-week basis, web/email support with no more than four-hour response time, software updates, complete contract vehicle set up, training.

C.2.2 Symphony Customization

The contractor shall fully set up and customize Symphony functionality to meet the Government's needs. Specifically, the customization shall include:

● Two- week agile periods

● IDIQ Task Order Management

● IDIQ Administration Features

● IDIQ Programmatic Management Features

● Data upload and migration, as necessary

● Support portals

● Dashboard and reports set up

● System availability log

SECTION D - PACKAGING AND MARKING

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SECTION E - INSPECTION AND ACCEPTANCE

E.1 PLACE OF INSPECTION AND ACCEPTANCE

Inspection and acceptance of all work performance, reports, and other deliverables under this Contract will be performed by the GSA Technical Point of Contact (TPOC) at the location provided below. The contractor shall deliver all items to the satisfaction of the Government.

General Services Administration

GSA, FAS, PSHC, CON

1800 F St NW Washington, DC 20006 Telephone: 202-316-5723

SCOPE OF INSPECTION

All deliverables will be inspected for content, completeness, accuracy, and conformance to Contract requirements by the GSA TPOC. Inspection may include validation of information or software through the use of automated tools, testing, or inspections of the deliverables, as specified in the Contract. The scope and nature of this inspection will be sufficiently comprehensive to ensure the completeness, quality, and adequacy of all deliverables.

The Government requires a period of 15 workdays after receipt of final deliverable items for inspection and acceptance or rejection.

BASIS FOR ACCEPTANCE

The basis for acceptance shall be in compliance with the requirements set forth in the Contract, the contractor’s quote and relevant terms and conditions of the contract.

Deliverable items rejected shall be corrected in accordance with the applicable clauses.

The final acceptance will occur when all discrepancies, errors, or other deficiencies identified in writing by the Government have been resolved, through documentation updates, program correction, or other mutually agreeable methods.

If the draft deliverable is adequate, the Government may accept the draft and provide comments for incorporation into the final version. All the Government’s comments on deliverables shall either be incorporated in the succeeding version of the deliverable, or the contractor shall explain to the Government’s satisfaction why such comments should not be incorporated.

If the Government finds that a draft or final deliverable contains spelling errors, grammatical errors, or improper format, or otherwise does not conform to the quality assurance requirements stated within this Contract, the document may be rejected without further review and returned to the contractor for correction and resubmission. If the contractor requires additional Government guidance to produce an acceptable draft, the contractor shall arrange a meeting with the GSA TPOC.

E.1.1 Final Acceptance

For customization and set up, the final acceptance will occur when all discrepancies, errors, or other deficiencies identified in writing by the Government have been resolved through documentation updates, correction, or other mutually agreeable methods.

DRAFT DELIVERABLES

The Government will provide written acceptance, comments, and/or change requests, if any, within 15 workdays (unless specified otherwise in Section 5 - Deliverables or Performance) from Government receipt of the draft deliverable. Upon receipt of the Government comments, the contractor shall have ten workdays to incorporate the Government’s comments and/or change requests and to resubmit the deliverable in its final form.

WRITTEN ACCEPTANCE/REJECTION BY THE GOVERNMENT

The GSA Contracting Officer (CO), or designated TPOC will provide written notification of acceptance or rejection of all final deliverables within 15 workdays (unless specified otherwise in Section 5 - Deliverables or Performance). All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.

NON-CONFORMING PRODUCTS OR SERVICES

Non-conforming products or services will be rejected. Deficiencies shall be corrected, by the contractor, within ten workdays of the rejection notice. If the deficiencies cannot be corrected within ten workdays, the contractor shall immediately notify the GSA TPOC of the reason for the delay and provide a proposed corrective action plan within ten workdays.

If the contractor does not provide products or services that conform to the requirements of this Contract, the Government will withhold the fixed price until the non-conforming products or services are remediated.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The period of performance for this contract is as follows:

Base - March 1, 2021- February 28, 2022 Option 1 - March 1, 2022 - February 28, 2023 Option 2 - March 1, 2023 - February 29, 2024 Option 3 - March 1, 2024 - February 28, 2025 Option 4 - March 1, 2025 - February 28, 2026

F.2 PLACE OF PERFORMANCE

Place of performance is GSA in Auburn, WA and Washington, D.C.

F.3 CONTRACT SCHEDULE AND MILESTONE DATES

The following schedule of milestones will be used by the GSA CO, CS, and TPOC to monitor timely progress under this contract.

All references to Days: Government Workdays

Deliverables are due the next Government workday if the due date falls on a Federal holiday or weekend.

The contractor shall deliver the deliverables listed in the following table on the dates specified:

DEL.

MILESTONE/

DELIVERABLE

RFQ REFERENCE

DATE OF

COMPLETION/

DELIVERY

Project Start (PS) At Contract Award

(CA)

01 Executed copy of F.4 Public Within 10 business

Contract (initial Release of days of award.

award and all Contract modifications) Documents

Requirement

02 Delivery of Symphony Licenses

C.2.1 Licenses Within 1 business day of award.

03 IT Security Plan H.1 GSA IT Security Requirements

Within 10 days of award.

04 Customization to include:

a. Working instance of application with full functionality.

b. Extraction of all data

C.2.2

Customization

Initial within 2 weeks of award, 2-week agile periods thereafter

05 User guides as a link/PDF on application home page for all users including contractors

C.2 Bill of

Materials

To be determined at Kick off meeting

06 System availability log C.2.2

Customization

To be determined at Kick of meeting

F.4 PUBLIC RELEASE OF CONTRACT DOCUMENTS REQUIREMENT

The contractor agrees to submit, within ten workdays from the date of the GSA CO’s execution of the initial Contract, or any modification to the Contract (exclusive of Saturdays, Sundays, and Federal holidays), a portable document format (PDF) file of the fully executed document with all proposed necessary redactions, including redactions of any trade secrets or any commercial or financial information that it believes to be privileged or confidential business information, for the purpose of public disclosure at the sole discretion of GSA. The contractor agrees to provide a detailed written statement specifying the basis for each of its proposed redactions, including the applicable exemption under the Freedom of Information Act (FOIA), 5 United States Code (U.S.C.) § 552, and, in the case of FOIA Exemption 4, 5 U.S.C. § 552(b)(4), shall explain why the information is considered to be a trade secret or commercial or financial information that is privileged or confidential. Information provided by the contractor in response to the contract requirement may itself be subject to disclosure under the FOIA. Submission of the proposed redactions constitutes concurrence of release under FOIA.

GSA will carefully consider the contractor’s proposed redactions and associated grounds for non-disclosure prior to making a final determination as to what information in such executed documents may be properly withheld.

F.5 DELIVERABLES MEDIA

The contractor shall deliver all electronic versions by electronic mail (email) and removable electronic media, as well as placing in the GSA designated repository. The following are the required electronic formats, whose versions must be compatible with the latest, commonly available version on the market.

a. Text MS Word, Google Docs, Portable Document Format (PDF)

b. Spreadsheets MS Excel, Google Sheets

c. Briefings MS PowerPoint, Google Slides

d. Schedules MS Project, Smartsheet

F.6 PLACE(S) OF DELIVERY

Copies of all deliverables shall be delivered to the GSA TPOC at the following address:

ATTN: Chelsey Hayes

General Services Administration GSA, FAS, PSHC, CON 1800 F St NW

Washington, DC 20006

Email: chelsey.hayes@gsa.gov

F.7 NOTICE REGARDING LATE DELIVERY/ PROBLEM NOTIFICATION REPORT

(PNR)

The contractor shall notify the GSA CO, CS and TPOC via a Problem Notification Report (PNR) (see Section G.5 - Post Award Collaboration) as soon as it becomes apparent to the Contractor that a scheduled delivery will be late. The contractor shall include in the PNR the rationale for late delivery, the expected date for the delivery, and the project impact of the late delivery. The GSA TPOC will review the new schedule and provide guidance to the contractor. Such notification in no way limits any Government contractual rights or remedies including, but not limited to, termination.

mailto:chelsey.hayes@gsa.gov

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACT ADMINISTRATION

G.2 TECHNICAL POINT OF CONTACT (TPOC)

The CO will appoint a TPOC to receive, for the Government; all work called for by the Contract and will represent the CO in the technical phases of the work. The TPOC will provide no supervisory or instructional assistance to contractor personnel.

The TPOC is not authorized to change any of the terms and conditions, scope, schedule, or price of the Contract. Changes in the scope of work will be made only by the CO by properly executed bi-lateral modifications to the Contract.

Contracting Officer (CO)

Jeanine Tyson

77 Forsyth St. SW Atlanta, GA 30330 Telephone: 404-215-8743 Email: jeanine.tyson@gsa.gov

Technical Point of Contact (TPOC):

Chelsey Hayes

1800 F St NW Washington, DC 20006

Email: chelsey.hayes@gsa.gov

G.3 INVOICE SUBMISSION

The contractor shall submit Requests for Payments in accordance with the format contained in General Services Administration Acquisition Manual (GSAM) 552.232- 25, PROMPT PAYMENT (NOV 2009), to be considered proper for payment. In addition, the following data elements shall be included on each invoice.

Contract Number: (from GSA Form 300, Block 2)

Paying Number: (ACT/DAC NO.) (From GSA Form 300, Block 4)

Project Title: Symphony Software Licenses

The contractor shall certify with a signed and dated statement that the invoice is correct and proper for payment. The contractor shall provide invoice backup data in accordance with the contract type, including details such as labor categories, rates, and quantities of labor hours per labor category.

mailto:chelsey.hayes@gsa.gov

The contractor shall submit invoices as follows:

The contractor shall submit billings not more frequently than once per month. Payment shall be made in accordance with FAR clause 52.212-4 (i) following receipt of properly executed invoices prepared in accordance with the requirements at 52.212-4 (h) and this RFQ not more than monthly throughout the duration of this contract. Specifically, upon satisfactory performance of each month of service, the contractor may submit a monthly invoice (i.e., twelve (12) invoices total for each awarded year of the contract).

The monthly amount shall be calculated by dividing the total yearly price of service by twelve to determine the fixed monthly amount billable each month. The contractor shall provide a summary of each CLIN. The summary shall include by CLIN: CLIN description, quantity of each CLIN billed, CLIN cost, and total amount billed for each CLIN. The Contractor shall not bill, nor be reimbursed, for any charges that are not specifically stated in this contract or incorporated via a written modification issued by the CO.

The invoice shall be submitted via email to the CO, COR, and TPOC electronically. The monthly invoice shall be submitted no later than the 20th calendar day of the month following the delivery of services to the Government and acceptance by GSA. Once the COR determines receipt and confirms the invoice, the CO will issue a credit card payment. The selected method of payment for this order is via credit card payment.

The contractor shall notify the government if they take exception to this form of payment. Confirmation of payment via email shall also be provided to the CO within 5 days of receipt of funds. The following information is required for all invoices:

a) Invoice date

b) Invoice number (contractor-generated)

c) QP number (provided by GSA, Block 1 of the Standard Form (SF) 1449)

d) Physical remittance address (must match Block 18A of the SF 1449)

e) Contractor name (must match Block 17A of the SF 1449)

f) Service period (dates of service)

g) Discount terms if any

G.4 INVOICE REQUIREMENTS

The contractor shall submit a draft copy of an invoice backup in Excel to the GSA CO, CS, and TPOC. The draft invoice shall not be construed as a proper invoice in accordance with FAR 32.9 and GSAM 532.9.

The final invoice is desired to be submitted within six months of project completion. Upon project completion, the contractor shall provide a final invoice status update monthly.

Regardless of contract type, the contractor shall report the following:

a. Contract Award Number (NOT the Solicitation Number)

b. Contractor Invoice Number

c. Contractor Name

d. Point of Contact Information

e. Current period of performance

f. Amount of invoice that was subcontracted

G.5 POST AWARD COLLABORATION

All reports, including problem notification reports, and contractor requested document approvals shall be submitted to the Contracting Office via email.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 SECURITY REQUIREMENTS

H.1.1 INFORMATION ASSURANCE

The contractor may have access to sensitive data, information, and materials of the U.S.

Government. These printed and electronic documents are for internal use only and remain the sole property of the U.S. Government. Some of these materials are protected by the Privacy Act of 1974 (AMENDED) and Title 38. Unauthorized disclosure of Privacy Act or Title 38 covered materials is a criminal offense. See clauses 52.224-1 and 52.224-2.

H.1.1.1 GSA INFORMATION TECHNOLOGY (IT) SECURITY REQUIREMENTS

The contractor shall deliver an IT Security Plan within 30 calendar days of award that describes the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this order. The IT Security Plan shall comply with applicable Federal laws including, but not limited to, 40 U.S.C.

11331, the Federal Information Security Management Act (FISMA) of 2002, and the E- Government Act of 2002. The IT Security Plan shall meet IT security requirements in accordance with Federal and GSA policies and procedures, including General Services Administration Acquisition Regulation (GSAR) clause 552.239-71. The contractor shall submit written proof of IT security authorization 6 months after award and verify that the IT Security Plan remains valid annually.

H.1.1.2 SAFEGUARDING SENSITIVE DATA AND INFORMATION TECHNOLOGY

RESOURCES

In accordance with FAR 39.105, this section is included in this contract. This section applies to all users of sensitive data and IT resources, including awardees, contractors, subcontractors, lessors, suppliers, and manufacturers.

The following GSA policies must be followed. These policies can be found at http://www.gsa.gov/directives.

a. CIO 2100.1(most recent) GSA Information Technology (IT) Security Policy

b. CIO P 2100.2B GSA Wireless Local Area Network (LAN) Security

c. CIO 2100.3B Mandatory Information Technology (IT) Security Training Requirement for Agency and Contractor Employees with Significant Security Responsibilities

d. CIO 2102.1 Information Technology (IT) Integration Policy

e. CIO 2104.1A GSA Information Technology (IT) General Rules of Behavior

f. CIO CHGE 1 2105.1C GSA Section 508: Managing Information Technology and Communications Technology (ICT) for Individuals with Disabilities

g. CIO 2106.1 GSA Social Media Policy

h. CIO 2107.1 Implementation of the Online Resource Reservation Software

i. CIO 2160.4A Provisioning of Information Technology (IT) Devices

j. CIO 2162.1 Digital Signatures http://www.gsa.gov/directives

k. CIO P 2165.2 GSA Telecommunications Policy

l. CIO P 2180.1 GSA Rules of Behavior for Handling Personally Identifiable Information (PII)

m. CIO 2182.2 Mandatory Use of Personal Identity Verification (PIV) Credentials

n. CIO P 1878.2A Conducting Privacy Impact Assessments (PIAs) in GSA

o. CIO 9297.1 GSA Data Release Policy

p. CIO 9297.2B GSA Information Breach Notification Policy

q. ADM P 9732.1D Suitability and Personnel Security

r. CIO 09-48 IT Security Procedural Guide: Security and Privacy IT Acquisition Requirements

s. CIO 12-2018 IT Policy Requirements Guide

This section shall be inserted in all subcontracts.

H.2 ORGANIZATIONAL CONFLICT OF INTEREST AND NON-DISCLOSURE

REQUIREMENTS

H.1.2 ORGANIZATIONAL CONFLICT OF INTEREST (OCI)

a. If a contractor has performed, is currently performing work, or anticipates performing work that creates or represents an actual or potential OCI, the contractor shall immediately disclose this actual or potential OCI to the GSA CO in accordance with FAR Subpart 9.5. The nature of the OCI may involve the prime contractor, subcontractors of any tier, or teaming partners.

b. The contractor is required to complete and sign an OCI Statement. The contractor must represent either that (1) It is not aware of any facts which create any actual or potential OCI relating to the award of this contract, or (2) It has included information in its quote, providing all current information bearing on the existence of any actual or potential OCI and has included a mitigation plan in accordance with paragraph (c) below.

c. If the contractor with an actual or potential OCI believes the conflict can be avoided, neutralized, or mitigated, the contractor shall submit a mitigation plan to the Government for review.

d. In addition to the mitigation plan, the GSA CO may require further information from the contractor. The GSA CO will use all information submitted by the contractor, and any other relevant information known to GSA, to determine whether an award to the contractor may take place, and whether the mitigation plan adequately avoids, neutralizes, or mitigates the OCI.

e. If any such conflict of interest is found to exist, the GSA CO may determine that the conflict cannot be avoided, neutralized, mitigated, or otherwise resolved to the satisfaction of the Government and the contractor may be found ineligible for award. Alternatively, the GSA CO may determine that it is otherwise in the best interest of the U.S. to contract with the contractor and include the appropriate provisions to avoid, neutralize, mitigate, or waive such conflict in the contract awarded.

H.2.2 NON-DISCLOSURE REQUIREMENTS

If the contractor acts on behalf of, or provides advice with respect to any phase of an agency procurement, as defined in FAR 3.104-4, then the contractor shall execute and submit a Corporate Non-Disclosure Agreement (NDA) Form and ensure that all its personnel (to include subcontractors, teaming partners, and consultants) who will be personally and substantially involved in the performance of the Contract:

a. Are listed on a signed Addendum to the NDA Form prior to the commencement of any work on the Contract.

b. Are instructed in the FAR 3.104 requirements for disclosure, protection, and marking of contractor bid or quote information, or source selection information.

c. Are instructed in FAR Part 9 for third-party disclosures when acting in an advisory capacity.

All proposed replacement contractor personnel also must be listed on a signed Addendum to Corporate NDA and be instructed in the requirements of FAR 3.104. Any information provided by contractors in the performance of this Contract or obtained from the Government is only to be used in the performance of the Contract. The contractor shall put in place appropriate procedures for the protection of such information and shall be liable to the Government for any misuse or unauthorized disclosure of such information by its personnel, as defined above.

H.3 SECTION 508 COMPLIANCE REQUIREMENTS

Unless the Government invokes an exemption, all Electronic and Information Technology (EIT) products and services provided shall fully comply with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, 29 U.S.C. 794d, and the Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Accessibility Standards at 36 Code of Federal Regulations (CFR) 1194. The contractor shall identify all EIT products and services provided, identify the technical standards applicable to all products and services proposed, and state the degree of compliance with the applicable standards. Additionally, the contractor must clearly indicate where the information pertaining to Section 508 compliance can be found (e.g., Vendor’s or other exact web page location).

The contractor must ensure that the list is easily accessible by typical users beginning at time of award.

H.4 NEWS RELEASE

The contractor shall not make any news release pertaining to this procurement without prior Government approval and only in coordination with the GSA CO.

H.5 INTELLECTUAL PROPERTY RIGHTS

The existence of any patent, patent application or other intellectual property right that encumbers any deliverable must be disclosed in writing on the cover letter that accompanies the delivery. If no such disclosures are provided, the data rights provisions in FAR 52.227-14 apply.

SECTION I - CONTRACT CLAUSES

I.1 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 CO will make their full text available. Also, the full text of a provision may be accessed electronically at the FAR website:

http://www.acquisition.gov/far/

FAR TITLE DATE

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020

52.204-2 Security Requirements AUG 1996

52.204-10 Reporting Executive Compensation and First Tier Subcontract Awards JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-21 Basic Safeguarding of Covered Contractor Information JUN 2016

52.212-4 Contract Terms and Conditions-Commercial Items OCT 2018

52.217-7 Option for Increased Quantity - Separately Priced Line Item FILL IN: 10 days

MAR 1989

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.227-14* Rights in Data - General (May 2014) MAY 2014

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.249-2 Termination for Convenience of the Government (Fixed-Price)

APR 2012

52.253-1 Computer Generated Forms JAN 1991

Data Rights Clause* - Abbreviations in this column of the table below shall be interpreted as follows:

UR: Unlimited Rights, per FAR 27.404-1(a) and 52.227-14

For software or documents that may be either proprietary COTS or custom, RS/LD rights apply to proprietary COTS software or documents and UR rights apply to custom software or documents. The Government asserts UR rights to open-source COTS software. Any collateral agreements (within the meaning of FAR 52.227-14) proposed for data, regardless of the type of rights offered, shall be subject to the requirements of RFQ Section H.1.1.1 and H.1.1.2. For purposes of the foregoing, the terms “collateral http://www.acquisition.gov/far/ agreement,” “Supplier Agreement,” and “Commercial Supplier Agreement” have the same meaning.

The contractor may request, and the Government may grant different or more restrictive rights, such as SW rights, than are depicted in the following table. The Government does not assert any rights to management software tools if the contractor does not plan to charge the Government directly for that tool and does not propose that the Government will own or use that tool.

I.2 FAR PROVISIONS/CLAUSES INCORPORATED BY FULL TEXT

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jan 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)(Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108- 77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract

Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite- Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved]

X _ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Nov 2016) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Nov 2011) (15 U.S.C. 657f).

_X (22) 52.219-28, Post Award Small Business Program Re-representation (Jul 2013) (15U.S.C. 632(a)(2)).

X (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514)

(ii) Alternate I (Oct 2015) of 52.223-13.

(39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

(41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

X (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

X (ii) Alternate I (Jan 2017) of 52.224-3.

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

x_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

X (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_ X (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

X (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial

Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

(1) 52.222-17, Non displacement of Qualified Workers (May 2014) (E.O. 13495)

(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -

- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- -Requirements (May 2014) (41 U.S.C. chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C.

chapter 67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O.

13658).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.

13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record the Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and

(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)(Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.

637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.

13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C.

chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.

(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels

(Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 24 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

(End of clause)

I.3 GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL (GSAM)

CLAUSES INCORPORATED BY REFERENCE

The full text of a provision may be accessed electronically at the GSAM website: https://www.acquisition.gov/gsam/gsam.html

GSAM TITLE DATE

552.204-9 Personal Identity Verification Requirements JUL 2020

552.212-4 Contract Terms and Conditions—Commercial Items (Alternate II) (FAR Deviation)

FEB 2018

552.232-25 Prompt Payment NOV 2009

I.4 GSAM CLAUSES INCORPORATED BY FULL TEXT

GSAM 552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA

ACQUISITION OF COMMERCIAL ITEMS (JUNE 2016)

As prescribed in 512.301(a)(1), insert the following clause:

Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items (Jun 2016)

(a) The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The clauses in paragraph (b) of this section are incorporated by reference:

[The Contracting Officer should check the clauses that apply or delete the clauses https://www.acquisition.gov/gsam/gsam.html that do not apply from the list. The Contracting Officer may add the date of the clause if desired for clarity.]

(b) Clauses.

X 552.203-71 Restriction on Advertising

X 552.211-73 Marking

X 552.215-70 Examination of Records by GSA

X 552.229-70 Federal, State, and Local Taxes

X 552.232-72 Final Payment

(End of clause)

552.232-39 Unenforceability of Unauthorized Obligations (FAR DEVIATION) FEB 2018

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or 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:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such language, provision, or clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier 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.

(3) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

(b) Paragraph (a) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of clause)

552.232-78 Commercial Supplier Agreements –Unenforceable Clauses FEB 2018

When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in 502.101), the following language shall be deemed https://www.acquisition.gov/sites/default/files/current/gsam/html/Part502.html#wp1859928 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/gsam/html/Part502.html#wp1859928 incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:

(a) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:

(1) Applicability. This agreement is part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument…