A17 RFQ_02223 Amd 01.pdf

REQUEST FOR QUOTE (RFQ)

FOIA Case Management System and Support Services for the

National Labor Relations Board (NLRB) Date: 02/14/2023

Updated: 2/22/2023

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested.

2. The solicitation number is 63NLRB23Q0007. The solicitation is a Request for Quote (RFQ)

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisitions Circular (FAC) 2023-01, effective December 30, 2022.

4. The applicable NAICS is 541519, Other Computer Related Services.

5. See included pricing schedule for a list of line item (CLIN) numbers.

6. The intended contract type is firm fixed price. See attached Performance Work Statement (PWS), and Appendix A – C for full scope of the requirement.

7. Place of Performance: See PWS.

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial Items, applies to this acquisition.

9. The provision at FAR 52.212-2, Evaluation – Commercial Items, applies to this acquisition.

11. FAR 52.212-4, Contract Terms and Conditions – Commercial Items, applies to this acquisition.

12. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders

– Commercial Items, applies to this acquisition. The provisions and clauses applicable to this acquisition noted above are attached. The full text of these provisions and clauses are available at www.acquisitons.gov/far.

13. No additional contract requirements or terms and conditions (such as contract financing arrangements or warranty requirements) apply to this acquisition.

14. Defense Priorities and Allocations System (DPAS) ratings do not apply to this acquisition.

15. Quotes are due no later than 11:00 AM ET on March 7, 2023 via email to Julie.yarbrough@nlrb.gov. Quotes that are submitted late may not be evaluated. Quoters are advised to take proper steps to ensure timely submission of their quote. It is the sole responsibility of the quoter to ensure that the electronic files submitted are virus free and can be opened and read by the Government.

16. Questions regarding this solicitation shall be submitted to the Contracting Officer via email to julie.yarbrough@nlrb.gov no later than 11:00AM ET on February 20, 2023.

http://www.acquisitons.gov/far mailto:Julie.yarbrough@nlrb.gov

1.0 PRICING SCHEDULE

1. SCOPE OF SERVICES: The quoter shall provide personnel, software, and services necessary to perform the effort described in the attached Performance Work Statement (PWS).

2. PERIOD OF PERFORMANCE: The period of performance is one 12-month base period and four 12-month option periods. The estimated effective date is April 1, 2023.

3. PRICING: This is a Firm-Fixed Price (FFP) contract.

CLIN SCHEDULE

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 Base: FOIA Platform Hosting and Licenses

12 MO

Contract Type: Firm Fixed Price Unit Price $0.00 Extended Price $0.00

Item Number Base Item Number

Supplies/Services Quantity Unit

0002 Base: Operations & Maintenance 12 MO Contract Type: Firm Fixed Price

Supplies/Services Quantity Unit

0003 Base: Implementation, Data Migration, and Ingestion

12 MO

Contract Type: Firm Fixed Price

Supplies/Services Quantity Unit

1001 0001 Option Period One: FOIA Platform Hosting and Licenses

12 MO

Contract Type: Firm Fixed Price

Item

Base Item

Supplies/Services Quantity Unit

1002 0002 Option Period One: Operations & Maintenance

12 MO

Contract Type: Firm Fixed Price

Base Item Number

Supplies/Services Quantity Unit

2001 0001 Option Period Two: FOIA Platform Hosting and Licenses

12 MO

Contract Type: Firm Fixed Price

Base Item Number

Supplies/Services Quantity Unit

2002 0002 Option Period Two: Operations & Maintenance

12 MO

Contract Type: Firm Fixed Price

Supplies/Services Quantity Unit

3001 0001 Option Period Three: FOIA Platform Hosting and Licenses

12 MO

Contract Type: Firm Fixed Price

Item Number

Base Item

Supplies/Services Quantity Unit

3002 0002 Option Period Three: Operations & Maintenance

12 MO

Contract Type: Firm Fixed Price

Supplies/Services Quantity Unit

4001 0001 Option Period Four: FOIA Platform Hosting and Licenses

12 MO

Contract Type: Firm Fixed Price

Supplies/Services Quantity Unit

4002 0002 Option Period Four: Operations & Maintenance

12 MO

Contract Type: Firm Fixed Price

2.0 INSTRUCTIONS TO QUOTERS

1. CONFIDENTIAL INFORMATION

The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contract qualifications and quotes submitted to federal agencies. If a contractor’s submission contains information that he/she believes should be withheld from such requestors under FOIA on the grounds that they contain “trade secrets and commercial or financial information” [5 USC§552(b)(4)], the contractor should mark its submissions in the following manner:

The following notice should be placed on the title page: “Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure per the Freedom of Information Act.”

Each individual item considered privileged or confidential under FOIA should be marked with the following notice: “The data or information is considered confidential or privileged and is not subject to mandatory disclosure per the Freedom of Information Act.”

2. QUOTATION SUBMISSION INSTRUCTIONS

The quoter shall submit documentation illustrating their approach for satisfying the requirements of this solicitation as defined in the attached Performance Work Statement (PWS) and Appendices. Quotes must be clear, coherent, and prepared in sufficient detail for effective evaluation of the quote against the evaluation criteria. Quotes must clearly demonstrate how the contractor intends to accomplish the work specified in the PWS and must include convincing rationale and substantiation of all claims. Unnecessary elaborate brochures or other presentations beyond those sufficient to present a complete effective response to the solicitation are not desired. The quoter’s failure to follow the requirements in the instructions, conditions, and notices herein, may result in their quotation not being evaluated for award.

3. FORMAT, INSTRUCTIONS AND COMPOSITION

The Quotation shall be submitted in two (2) separate volumes as further described as follows:

I. Volume I – Technical Quotation II. Volume II – Price Quotation

Each Volume shall follow the format specified below.

• Text shall be at least single-spaced, on 8½ x 11-inch paper, with a minimum one-inch margin all around.

• Pages shall be numbered consecutively.

• Pages submitted in excess of the page limitations stated herein will be removed and not evaluated.

• Print shall be of minimum 11-point font size spacing. Bolding, underlining, and italics may be used to identify topic demarcations or points of emphasis. Graphic presentations, including tables, while not subject to the same font size and spacing requirements, shall have spacing and text that is easily readable.

• No pricing data shall be included in Volume I – Technical.

The quoter shall submit a quotation addressing the evaluation factors. The quotation will be evaluated preliminarily to ensure compliance with the requirements set forth in this solicitation, which include timely receipt of the offer.

4. VOLUME I: TECHNICAL QUOTATION

Section Name Page Limit Cover Letter not to exceed 2 pages Table of Contents no page limit (optional) Requirements Traceability Matrix (RTM) no page limit Factor 1: Technical Capability

a. Technical Approach

b. Transition

c. Key Personnel not to exceed 18 pages, the NIST SP 800-53Ar5 self-assessment and one (1) key personnel resume are not included in the page limit

Factor 2: Past Performance not to exceed 4 pages

a. Cover Letter: The cover letter shall identify all enclosures being transmitted and shall be used only to transmit the quote and shall include no other information. The cover letter shall include the following:

• The RFQ number, vendor name, address, Unique Entity Identification (UEI), Cage Code.

• A statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Any assumptions made, or exceptions taken by must be clearly listed on the Cover Letter.

• Names, titles, telephone numbers, and e-mail addresses of persons authorized to communicate on the contractor’s behalf with the Government in connection with this

RFQ.

b. Requirements Traceability Matrix (RTM): Quoters shall fill-in/complete the Requirements

Traceability Matrix (RTM). The RTM provides a list of the required and preferred requirements. The RTM is intended to represent a summary of each requirement, not the full requirement itself. Indicating compliance for any RTM row shall indicates the quoter’s statement of compliance with the full description of the requirement as listed within this PWS, not just the summary statement within the RTM.

c. Technical Capability

1. Technical Approach: Quoters shall describe their technical approach to the PWS, including demonstrated experience providing the full range of services. Quoters shall also include:

i. Details of the software licensing model (e.g., enterprise, seat, user, filings, etc.)

ii. Completed NIST SP 800-53Ar5 self-assessment (https://csrc.nist.gov/publications/detail/sp/800-53a/rev-5/final). NIST 800-53A assesses information security assurance of the information system and/or the Contractor’s internal systems security. This assessment is based on the Federal IT Security Assessment Framework and NIST SP 800-53r5 (which can be found at: https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final). The Solution shall be operating at NIST SP 800-53r5. Note: The FedRAMP authorization https://csrc.nist.gov/publications/detail/sp/800-53/rev-5/final package of the Solution shall be provided as part of the quote if solution is not SP800-53r5 compliant.

2. Transition: Quoters shall describe the steps and timeline for transition from the current legacy system to the new FOIA Solution and how the quoter plans to work in close partnership with NLRB to deliver the new Solution with an efficient and effective process.

3. Key Personnel: Quoters shall demonstrate through the submission of one resume that the key personnel meet or exceed the criteria specified in the PWS. The key personnel resume shall contain the following information:

i. Proposed Position – Program Manager

ii. Full Name

iii. Employment Status – Specify whether the proposed individual is currently employed by the contractor

iv. Education (degrees, year, additional training)

v. Current Employer, Job Title, and Dates Employed

vi. Company Name and Dates for Experience with other firms, specifically positions that demonstrate experience fulfilling requirements similar to those listed in the

PWS.

d. Past Performance: Quoters shall provide Past Performance Information for no more than two relevant contracts that are ongoing or have been completed with the past 3 years. The quoter shall provide the following information for each of the past performance references submitted.

A MS Word version of the below PPI template is attached.

Past Performance Information Quoter Name:

Project Title:

Customer/Agency Name:

Contract Number/Task Order Number:

Dollar Value:

Contract Type:

Period of Performance:

Point of Contact Name:

CPARS or Similar Available:

Description:

5. VOLUME II: PRICE QUOTATION

Section Name Page Limit Cover Page no page limit Pricing Narrative and Price Quote no page limit

The quotation shall include firm-fixed prices for the base period and each option period. The quoter shall provide a pricing narrative and a detailed breakout to support the prices quoted. The quote shall include all necessary software, libraries, licenses, hardware (if any), documentation, training, support, etc., to meet all requirements in the PWS. There shall be no hidden or additional costs to achieve the full service-level described within the PWS. Any reference within the PWS which refer to the Solution’s ability, capability, etc., shall be interpreted to mean that such features are built-in or otherwise included within the quoter’s response, and the price to be included.

3.0 EVALUATION CRITERIA

1. INTRODUCTION

This acquisition is being conducted under FAR Part 13.5 – Simplified Procedures for Certain Commercial Items. This acquisition is NOT being conducted under FAR Part 15.

2. BASIS FOR AWARD

The Government will evaluate quotations in accordance with the factors established in the Request for Quotation (RFQ). Quotations will be evaluated, and award will be made under the Best Value Tradeoff Continuum approach to the responsible quoter whose quotation is considered the most advantageous to the Government (i.e., that which represents the best value to the Government), price and other factors considered. The Government reserves the right to make no award depending on the quality of the quotations received.

Trade-offs may be made between price and non-price factors to result in the most advantageous quotation for the Government. The Government may determine to award to other than the lowest price quotation, or to other than the highest technically rated quotation. The Government will make trade-offs between price and non-price factors, which may result in a determination that a superior technical solution merits or does not merit a higher price. The award decision will be based on an assessment of a quoter’s relative capability as measured against the evaluation factors identified in this RFQ.

3. EVALUATION FACTORS

The Government will evaluate each quotation using the evaluation factors provided herein and will assigned an adjectival rating to each non-price factor. The following factors will be used to evaluate quotations:

• Factor 1 – Technical Capability

• Factor 2 – Past Performance

• Factor 3 – Price

Technical and past performance, when combined, are more important than price. Factor 3, Price, will become more important as non-price factors become more equal. While the Government anticipates award to the responsible quoter whose quote provides the overall best value to the Government, no award will be made based on technical capability when the proposed price is considered unreasonably high.

The Government will evaluate quotes that receive a “pass” for the following criteria; however, a “pass” does not guarantee award. Quoters who receive a “pass” will be evaluated further in accordance with the criteria set forth in this solicitation.

• The quoter submits all required information specified in the RFQ by the closing date/time.

• The quote meets the requirements marked as “required” in column D of Appendix C, RTM. Quoters not meeting all required criterion in the RTM will not be further evaluated.

Please Note: Quotes containing exceptions, qualifications, conditions, assumptions, or any other deviations from the solicitation shall be considered non-responsive and will be rejected by the Government and not considered for award.

The Government reserves the right not to make an award as a result of this competition if it is in the opinion of the Government that none of the submissions will provide acceptable performance at a price that is considered fair and reasonable and/or economically feasible.

Quoters are cautioned to submit sufficient information. Quoters may be asked to clarify certain aspects of their quote. The Contracting Officer reserves the right to award without the opportunity for quote revision(s).

a. FACTOR 1 – Technical Capability: The Technical submission will be evaluated as a measure of the

Government’s confidence in the quoter’s ability to support the full requirement and will evaluate the extent to which the quoter presents the following:

i. The degree to which the technical approach demonstrates the full range of requirements specified in the PWS.

ii. The degree to which the transition demonstrates an efficient and effective migration process.

iii. The degree to which the key personnel proposed meets the criteria specified in the PWS.

Rating Methodology for Factor 1 – Technical Capability: The following adjectival ratings will be used to rate Factor 1. A determination of “Unacceptable” renders the entire quote unacceptable and therefore will NOT be considered for award. The quote must be rated “Marginal” or higher overall to be considered for award.

Rating Description Outstanding Quote meets requirements and indicates an exceptional approach and understanding of the requirements. Strengths far outweigh any weaknesses. Risk of unsuccessful performance is very low.

Good Quote meets requirements and indicates a thorough approach and understanding of the requirements. Quote contains strengths, which outweigh any weaknesses. Risk of unsuccessful performance is low.

Acceptable Quote meets requirements and indicates an adequate approach and understanding of the requirements. Strengths and weaknesses are offsetting or will have little or no impact on performance. Risk of unsuccessful performance is no worse than moderate.

Marginal Quote does not clearly meet requirements and has not demonstrated an adequate approach and understanding of the requirements. The quote has one or more weaknesses, which are not offset by strengths. Risk to unsuccessful performance is high.

Unacceptable Quote does not meet requirements and contains one or more deficiencies. Quote is unawardable.

b. FACTOR 2 – Past Performance:

i. The Government will evaluate the Quoter’s record of past performance in “recent” and

“relevant” contract efforts. “Recent” means contracts that are on-going or have been completed within three (3) years from the closing date of this RFQ. “Relevant” means performance of work similar in size and scope under similar conditions. Relevant experience is described as contractor performing work related to similar to those listed in the PWS. Contracts that will be considered most relevant include:

1. Contracts providing full data migration to the vendor’s Solution from FOIAOnline for other federal government agencies.

2. Contracts deploying the Solution to other federal government agencies, and remain in current, active use at the time of the quoter’s response, specifically for FOIA (i.e., not just for e-discovery).

ii. The third aspect of the past performance evaluation to establish the overall quality of the Quoter’s past performance. The past performance evaluation process gathers information from customers on how well the Quoter performed those past contracts. All past performance information is collected and reviewed to determine the quality of the Quoter’s performance, general trends, and usefulness of the information and incorporate these into the performance confidence assessment.

iii. In the conduct of its past performance evaluation, the Government may use a variety of information sources in addition to information provided. These sources may include, but are not limited to, technical reports, commercial or any available published information, Government past performance databases and information derived from present or past Government or commercial customers of the Quoter.

iv. Quoters without a record of recent or relevant past performance will not be evaluated favorably or unfavorably on past performance and will be rated neutral on Past Performance.

Rating Methodology for Factor 2 – Past Performance: There will be two aspects to the evaluation of the Past Performance. The first aspect is to evaluate the quoter’s past performance to determine how relevant a recent effort accomplished by the quoter is to the effort to be acquired through this RFQ. The second aspect is “Confidence.” Confidence for Past Performance is an assessment of the Quoter’s demonstrated ability to successfully perform the requirements of the contract based on how well they have performed on recent, relevant contracts. A determination of “No Confidence” renders the entire quote unacceptable and therefore will not be considered for award.

Relevancy: The following definitions will be used for the recent/relevancy ratings for each project:

Rating Description Very Relevant Present/past performance effort involved essentially the same scope and magnitude of effort and complexities this solicitation requires.

Relevant Present/past performance effort involved similar scope and magnitude of effort and complexities this solicitation requires.

Somewhat Relevant

Present/past performance effort involved some of the scope and magnitude of effort and complexities this solicitation requires.

Not Relevant Present/past performance effort involved little or none of the scope and magnitude of effort and complexities this solicitation requires

Confidence: The following definitions will be used for the performance confidence ratings for the overall Past Performance:

Rating Description Substantial Confidence

Based on the Vendor’s recent/relevant performance record, the Government has a high expectation that the Vendor will successfully perform the required effort.

Satisfactory Confidence

Based on the Vendor’s recent/relevant performance record, the Government has a reasonable expectation that the Vendor will successfully perform the required effort.

Limited Confidence

Based on the Vendor’s recent/relevant performance record, the Government has a low expectation that the Vendor will successfully perform the required effort.

No Confidence Based on the Vendor’s recent/relevant performance record, the Government has no expectation that the Vendor will successfully perform the required effort.

Unknown Confidence (Neutral)

No recent/relevant performance record is available, or the Vendor’s performance record is so sparse that no meaningful confidence assessment rating can be reasonably assigned.

c. FACTOR 3 – Price: The total evaluated price is the sum of the total prices submitted for the base period, and all option periods. The award may be extended for up to six months in accordance with FAR 52.217-8, Option to Extend Services. For evaluation purposes only, the total evaluated price is the sum of the total prices submitted for (a) the based period, (b) all option periods, and (c) the six-month extension authorized by FAR clause 52.217-8. For purposes of determining the total price for the six-month extension authorized by FAR 52.217-8, the total price is calculated as one-half of the total price for the final option period of the contract. Evaluation of the six- month extension option(s) will not obligate the Government to exercise the option(s). Evaluation of options shall not obligate the Government to exercise the option(s). Price will not be scored or receive an adjectival rating. Price will be evaluated in accordance with FAR 13.106-3(a).

RFQ ATTACHMENTS:

1. Attachment #1 – Performance Work Statement

a. Appendix A – Service Level Agreement (SLA)

b. Appendix B – System Security Assessment and Authorization Requirements

c. Appendix C – Requirement Traceability Matrix (RTM)

2. Attachment #2 – Past Performance Information Template

CLAUSES

Clauses incorporated by reference

Article Number Reference Text 52.204-19 52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-25 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (Nov 2021) 52.212-4 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov

2021) 52.203-17 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020) 52.204-9 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.224-1 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 52.224-2 Privacy Act (APR 1984) 52.237-3 52.237-3 Continuity of Services (JAN 1991)

Clauses incorporated by full text

52.217-9 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 1 day; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 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 5 years.

(End of clause)

52.217-8 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 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days.

(End of clause)

IPP-001 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform (IPP) system using the "Bill to Agency" of Interior Business Center - FMD.

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

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve prior to the contract award date, but no more than 3 - 5 business days of the contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Custom Clause)

52.212-5 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Oct 2022)

(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 products and commercial services:

(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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 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 products and commercial services:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

x (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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 (Jun 2020) (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).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved].

(11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

(12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(13) [Reserved]

(14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Oct 2022 (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-6.

(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

(ii) Alternate I (Mar 2020) of 52.219-7.

(16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (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 (Jun 2020) of 52.219-9.

(v) Alternate IV (Sep 2021) of 52.219-9.

(18)(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020)(15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s)

(20) 52.219-16, Liquidated Damages - Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) ( 15 U.S.C. 657f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

(23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Oct 2022) (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 (Oct 2022) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(28) 52.222-19, Child Labor - Cooperation with Authorities and Remedies (Jan 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020)(38 U.S.C. 4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

(32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(ii) Alternate I (Jul 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).

(36) 52.222-54, Employment Eligibility Verification (May 2022). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

(37)(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.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(40)(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.

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

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

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

(43)(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 (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

X (47)(i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

(48) 52.225-1, Buy American - Supplies (Nov 2021) (41 U.S.C. chapter 83).

(49)(i) 52.225-3, Buy American - Free Trade Agreements - Israeli Trade Act (Nov 2021) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 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 (JAN 2021) of 52.225-3.

(iii) Alternate II (JAN 2021) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 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).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41

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

X (58) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Oct 2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.

55305 (b) and 10 U.S.C. 2631).

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

(iii) Alternate II (Nov 2021) 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 products and commercial services:

(1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (JAN 2021) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 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).

(6) 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).

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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, as defined in FAR 2.101, on the date of award of this contract, 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 products and commercial services. 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 (Nov 2021) (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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(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 (Jun 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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 (Aug 2018) (41 U.S.C. chapter 67). (xiii)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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 and 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 (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 (Jun 2020) (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 (Nov 2021) (46 U.S.C. 55305 (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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

NLR 0001 52.201-9000 CONTRACTING OFFICER'S REPRESENTATIVE (NOV 2015)

(a) The Contracting Officer's Representative (COR) is a representative of the Government with limited authority who has been designated in writing by the CO to provide technical direction, clarification, and guidance with respect to existing specifications and performance work statement/statement of work/statement of objectives, as established in the contract. The COR also monitors the progress and quality of the Contractor's performance for payment purposes. The COR shall promptly report Contractor performance discrepancies and suggested corrective actions to the CO for resolution.

(b) The COR is not authorized to take any direct or indirect actions or make any commitments that will result in changes to price, quantity, quality, schedule, place of performance, delivery or any other terms or conditions of the written contract.

(c) The Contractor is responsible for promptly providing written notification to the CO if it believes the COR has requested or directed any change to the existing contract. No action shall be taken by the Contractor for any proposed change to the contract until the CO has issued a written directive or a written modification to the contract. The Government will not accept and is not liable for any alleged change to the contract unless the change is included in a written contract modification or directive signed by the CO.

(d) COR authority is not delegable.

NLR 0004 52.233-9000 AGENCY-LEVEL PROTESTS (NOV 2015)

Potential bidders or offerors may submit an agency-level protest directly to the Contracting Officer (CO).

As an alternative to the CO's consideration of a protest, a potential bidder or offeror may request an independent review of their protest by the NLRB Protest Deciding Official (Delfina St. Clair). In either case, the agency-level protest must comply with the requirements and procedures in FAR 33.103 for submitting agency-level protests.

LOCAL CLAUSE 52.239-9000 INFORMATION TECHNOLOGY SECURITY REQUIREMENTS

(MARCH 2021)

In the performance of this contract, the contractor shall comply with the following information technology (IT) security requirements.

SECURITY FUNCTIONAL REQUIREMENTS

The contractor (and/or any subcontractor) shall comply with all Federal and National Labor Relations Board (NLRB) security functional requirements, including but not limited to, the regulations and guidance found in the following:

· Federal Information Security Modernization Act of 2014 (FISMA)

· Privacy Act of 1974

· E-Government Act of 2002

· National Institute of Standards and Technology (NIST) Special Publications (SP) including NIST SP 800-37, 800- 53, and 800-60 Volumes I and II

· Federal Information Processing Standards (FIPS) Publications 140-3, 199, and 200

· Office of Management and Budget (OMB) Circular A-130

· Federal Risk and Authorization Management Program (FedRAMP)

· National Labor Relations Board "Dash 1" (-1) Policies for NLRB and NLRB systems

· National Labor Relations Board Administrative Policies and Procedures Manuals (APPMs)

SECURITY STRENGTH REQUIREMENTS

The following security strength requirements shall be met during the performance of this contract:

· The contractor (and/or any subcontractor) shall protect all government information that is or may be sensitive in accordance with FISMA by securing it with a FIPS 140-3 validated solution

· The contractor (and/or any subcontractor) shall ensure that systems/products/applications have the ability to facilitate single-sign-on capabilities and required support for HSPD-12 Personal Identity Verification (PIV) enablement and integration

· The contractor (and/or any subcontractor) shall implement remote access solutions that use multi-factor authentication solutions and that prohibit the use of split tunneling and/or dual-connected remote hosts where the connecting device has two active connections

· The contractor (and/or any subcontractor) shall implement capabilities for all incoming email traffic to be analyzed using sender authentication protocols, e.g., DKIM, DMARC, VBR, SPF

· The contractor (and/or any subcontractor) shall ensure that all systems, including hardware, software, firmware, and/or network components developed, procured, or acquired in support and/or performance of any contract using the Internet Protocol are formatted in accordance with commercial standards of Internet Protocol version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 800-119). In addition, all products or systems using the Internet Protocol shall maintain operability with both IPv4 and IPv6

· The contractor (and/or any subcontractor) shall ensure secure protocols by utilizing HTTPS only, with HSTS for internal and external websites

SECURITY ASSURANCE REQUIREMENTS

The following security assurance requirements apply to the performance of this contract:

· The contractor (and/or any subcontractor) shall develop and maintain a system security architecture, which includes effective network segmentation design and solutions to limit lateral movement across systems on NLRB's networks

· The contractor (and/or any subcontractor) shall certify that applications are fully functional and operate correctly as intended on systems using baselines such as the US Government Configuration Baseline (USGCB), DISA Security Technical Implementation Guides (STIGs) or any other NLRB-identified configuration baseline. In addition, any deviations or changes to the baseline including the patching of software, maintenance or updates must be approved and documented

· The contractor (and/or any subcontractor) shall ensure that all IT equipment (e.g., laptops, desktops, servers, routers, mobile devices, peripheral devices, etc.) used to process information on behalf of NLRB are deployed and operated in accordance with approved security configurations and meet the following minimum requirements:

a. Encrypt equipment and sensitive information stored and/or processed by such equipment in accordance with NLRB and FIPS 140-3 encryption standards

b. Configure laptops and desktops in accordance with the latest applicable United States Government Configuration Baseline (USGCB), Program Office specific security configuration baseline, if any has been provided to the contractor, and Minimum-Security Configuration Standards

c. Maintain the latest operating system patch release and anti-virus software definitions

d. Validate the…