69056720Q000047.pdf

REQUEST FOR QUOTATION

Mobile Data Collection Tool Development and Cloud Migration

This is a Sole Source Procurement

This is a combined synopsis/solicitation is prepared in accordance with FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR Part13, Simplified Acquisition Procedures. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will not be issued.

This is a FIRM FIXED PRICE Request for Quotation (RFQ) being issued by the Federal Highway Administration (FHWA) Western Federal Lands Highway Division (WFLHD) for Development of Mobile Data Collection Tool and Cloud Migration.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-07.

The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source, Latitude Geographics Group Ltd., 300 – 1117 Wharf Street, Victoria, BC V8W-1T7 CAN, under the authority of FAR 13.501(a)(1). Due to proprietary data, Latitude Geographics Group Ltd. is the only company that provides the necessary Development of Mobile Data Collection Tool and Cloud Migration that WFLHD requires. All responsible offerors may submit a quote that will be reviewed by the Government.

However, a determination by the Government not to compete with this proposed contract based upon responses to this solicitation is solely within the discretion of the Government. Information received will normally be considered for the sole purpose of determining whether to conduct a competitive procurement.

The North American Industry Classification System (NAICS) code for this solicitation is 541511 (Computer Software Programming Services, Custom) with an industry size standard of $30.0 million and the Product Service Code (PSC) is D399. A responsible quoter is one whose offer conforms to the solicitation and will be most advantageous to the Government.

FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov/browse/index/far.

All contractors are reminded that, in accordance with FAR 52.204-7, System for Award Management (SAM), they must be registered and active in the www.SAM.gov database PRIOR to submission of a quote or offer.

69056720Q000047 August 4, 2020

TABLE OF CONTENTS

SECTION A – SCHEDULE OF ITEMS

SECTION B – STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS

SECTION C – LIST OF ATTACHMENTS

SECTION D – CONTRACT CLAUSES

SECTION E – SOLICITATION PROVISIONS

SECTION A – SCHEDULE OF ITEMS

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ITEM DESCRIPTION QTY UNIT TOTAL PRICE

Development of Mobile Data Collection Tool and Cloud Migration

1 LS $

SECTION B – STATEMENT OF WORK/DESCRIPTION/SPECIFICATIONS

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I. INTRODUCTION

A. Project Summary

The Western Federal Lands Highway Division (WFLHD) of the Federal Highway Administration (FHWA) is contracting to migrate Geographic Information System (GIS) services from local servers in three federal lands offices to the USDOT Enterprise ArcGIS Portal, which is hosted in the Azure Cloud. This work also includes development of a mobile data collection tool for collecting road design and construction project data using the GeoCortex Mobile App.

B. Project Location

This project location is at Federal Lands offices in Vancouver, WA, Lakewood, CO, and Sterling, VA. The Contractor will also work with FHWA and DOT Office of the Chief Information Officer (OCIO) staff in Washington, DC.

C. Project Overview and Major Phases

This project will assist Office of Federal Lands in migrating GIS services to a Azure Cloud Portal to visualize and analyze data related to transportation assets; and develop a mobile data collection tool. The scope of work (SOW) includes eight tasks with well-defined deliverables for performing this work. These tasks include.

Task 1: Project Administration and Coordination Task 2: Requirements Analysis for Mobile Data Collection Tool Development Task 3: Mobile Data Collection Tool Design and Architecture Task 4: System Installation Task 5: System Modifications Task 6: FME Support Services Task 7: Map Services/ Data Collection Support Task 8: Deployment Integration

II. WORK PERFORMANCE AND QUALITY STANDARDS

All deliverables are subject to review and acceptance by the FHWA. Contractor will not release or otherwise make public deliverables or make public presentations concerning this project without prior written permission of FHWA.

Contractor is responsible for the accuracy and completeness of documents and related exhibits, maps, tables, charts, etc. Document review by the FHWA is for conformity with FHWA procedures and compliance with the contract. Review by the FHWA does not imply a detailed review or checking of the accuracy of calculations or designs.

FHWA views Contractor’s work on this task order as support. Therefore, Contractor will not assume the role as primary contact for the public, media, or other agencies.

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Document contacts with the media and requests for information on FHWA Form 1537 and submit immediately to the Contracting Officer’s Representative (COR). Contacts with offices of elected officials shall be reported on the same or next business day to the COR.

III. PROJECT MANAGEMENT (PM)

FHWA is the lead agency for the project. While performing the work described under this task order, discussions with people from other agencies (i.e., BLM, USFS, NPS, BIA, and FWS) and the public, as well as other FHWA employees, will be required. Participate in these discussions, answer questions, and respond to requests for information. Do not accept any direction or take additional work that is beyond the scope of this order that has not been approved through the Contracting Officer (CO). During discussions with partner agencies, do not suggest performance of additional work that is beyond the scope of this order. The FHWA CO is the only representative that has the authority to revise or add work under the requirements of this Purchase Order.

The Contractor will show PM activities associated with each phase of work and designate a single point of contact for all project communication with FHWA.

PM will continue throughout the duration of the task order. It includes the work necessary to manage analysis and production efforts, coordinate with FHWA, administer the contract, monitor progress, and direct quality control activities for project development tasks.

IV. STATEMENT OF WORK TASKS

The WFLHD is contracting to migrate Geographic Information System services from local servers to an Azure Cloud Hosted DOT ArcGIS Portal and develop a mobile data collection tool. The following tasks are required to complete this work successfully.

Task 1.0 – Project Administration and Coordination

This task will include coordination with FHWA and DOT OCIO staff. The Contractor will work with COR to define a coordination strategy to be implemented throughout the life-cycle of this project. The Contractor is required to:

Manage the scope, schedule, budget, staffing, and progress for the work.

Maintain regular contact with COR Conduct conference calls with the COR and team at decision points Coordinate with the project stakeholders Coordinate with DOT/OCIO to ensure that this migration is smooth and successful Develop plan to follow DOT/OCIO guidance for security and procedures

Deliverables for Task 1.0

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1. Monthly progress reports detailing activities and accomplishments with monthly invoices

Task 2.0 – Requirements Analysis for Mobile Data Collection Tool Development

The Contractor shall work with the COR and other FHWA staff to develop a detailed requirements for Mobile Data Collection Tool. This tools will be deployed on Apple iPads with Bluetooth GPS receivers. The mobile data collection tool will be based on Geocortex Mobile and Geocortex Map Viewer in conjunction with Enterprise GIS based on Azure Cloud Hosted ArcGIS Portal and ArcGIS Online. This effort is expected to include:

Understand the workflow and business processes of FLH Meet with COR and FHWA IT/GIS staff to understand the available datasets and mobile data collection needs The Contractor, FHWA IT and DOT OCIO staff will work with DOT/OCIO to ensure that the system design is compatible with existing FHWA/DOT infrastructure

Deliverables for Task 2.0

1. Requirements Analysis for Mobile Tool Development

Task 3.0 – Mobile Data Collection Tool Design and Architecture

Based on the approved requirements analysis, the Contractor shall provide a mobile data collection tool design and architecture based on Geocortex Mobile App. The Contractor shall make sure that the various software involved in this system design are capable of working seamlessly in a hosted cloud platform. After the design is approved by FHWA COR and DOT OCIO, the Contractor shall implement the approved design and develop the tool by customizing the Geocortex Mobile App, Geocortex Essentials, any applicable datasets, and FLH ArcGIS online. The Contractor shall also make any necessary modification to the Geocortex Mobile App to achieve approved system design to meet the FHWA business requirements. The data collection system shall be able to use different form field to collect data to support a number of technical disciplines (Safety, Planning, Bridge, Design, Hydraulics, Geotechnical, and environment) for FLH staff. The data collector shall be able to collect data in offline mode and be able to synchronize this data with FLH GIS Database (SQL Server) hosted on Azure cloud. The Contractor shall develop database schema in FLH GIS Database to exchange data with mobile data collector.

Deliverables for Task 3.0

1. Mobile Data Collection Tool System Design and Architecture Report

2. Development of Mobile Data Collection Tool

Task 4.0 – System Installation

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Based on the approved system design and tool development, the Contractor shall install the necessary software components on the hosted cloud environment, WFLHD servers, and iPads and perform the necessary testing with FHWA IT staff to make sure that they meet all IT security requirements.

Deliverables for Task 4.0

1. System Installation

Task 5.0 – System Modifications

The Contractor shall perform the necessary systems modification and connection to various databases and other software components that are not being hosted in the cloud environment to WFL as well as to Central Federal Lands (CFL) and Eastern Federal Lands (EFL) offices. These connections shall be robust, efficient and shall minimize network latency issues. The Contractor shall also provide a mechanism for sharing data with external users of Federal Lands Management Agencies on Geocortex Map Viewer.

The licensing for Geocortex Map Viewer and Mobile Data Collection tool (based on Geocortex Mobile) shall be sufficient for both types of users, internal and external. The internal users are on a DOT intranet and the external users will be accessing the system through internet. The system shall be able to limit the data that is being exposed to external users.

Deliverables for Task 5.0

1. System Modifications

Task 6.0 – FME Support Services

The Contractor shall connect FME servers, currently installed on WFLHD servers, to all three FLH offices for data translation between CADD and GIS. The task includes the creation of a library of basic transformation services (i.e., FME models) to support the various workbench tools. This initial library will provide the basic instructions that drive the FME Server engine and templates for the development of future data processing models. Since the CADD-GIS interchange should communicate and transform files between ProjectWise / MicroStation and GeoLibrary / GIS formats, this task depends on the basic infrastructure being in place and accessible to FME Server, ProjectWise and other GIS components. The Contractor shall also provide necessary support to translate new version of OpenRoads Designer files into ArcGIS shapefiles.

Deliverables for Task 6.0

1. Functional CAD/GIS data interchange

Task 7.0 – Map Services/Data Collection Support

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The Contractor shall work with FLH staff to create necessary map services to enhance GIS capabilities and offline data collection processes in a hosted cloud platform. The existing services are dependent on local servers.

Deliverables for Task 7.0

1. Map Services on Geocortex Map Viewers

Task 8.0 – Deployment Integration

The Contractor shall work with FLH staff from WFL, CFL, and EFL offices to migrate their exiting GIS data to hosted cloud environment similar to WFL. The Contractor will also connect the project management information dataset, similar to WFL, to Geocortex Map viewer. The CFL and EFL office staff will provide project management database in a format that can be published as a ArcGIS service. During this task, the Contractor will visit, as needed, FLH office in Vancouver, WA; Lakewood, CO; Sterling VA, and FHWA HQ, Washington, DC to test and validate the system integration with the hosted cloud platform. The Contractor is responsible for seamless integration of various database and software platforms.

Deliverables for Task 8.0

1. System Deployment

VI. DELIVERABLES AND SCHEDULES

Tasks Deliverable Due Date

Task 1: Project Administration and Coordination

Progress Report Monthly

Task 2: Requirements Analysis for Mobile Data Collection Tool

Requirement Analysis 2/15/2021

Task 3: Mobile Data Collection Tool System Design and Architecture

Design Report Mobile Data Collection Tool

3/31/2021

6/30/2021 Task 4: System Installation Installation 7/31/2021 Task 5: System Modifications System Modifications 9/30/2021 Task 6: FME Support Services CAD/GIS interchange 9/30/2021 Task 7: Map Services/Data Collection Support Map Services 03/31/2022 Task 8: Deployment Integration System Deployment 6/30/2022

VII. GOVERNMENT PROVIDED ITEMS

FHWA will provide the following to facilitate successful completion of the project:

Azure Cloud Hosted ArcGIS Portal and ArcGIS Online

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VIII. SCHEDULE OF PERFORMANCE

The completion date for all work on this task order is December 31, 2022.

IX. REQUIREMENTS FOR IMPLEMENTING SECTION 508 STANDARDS

The following applies to all FHWA Contracts issued on or after January 18, 2018 containing Information and Communication Technology (ICT) as a deliverable. In addition to the work requirements specified in this statement of work, vendors must ensure that all ICT that they prepare will meet the requirements of Section 508 of the Rehabilitation Act and the Information and Communication Technology (ICT) Final Standards and Guidelines (508 Refresh) at 36 CFR Part 1194.

As defined in the 508 Refresh, at 36 CFR Part 1194, Appendix A, E103.4, ICT is “Information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. Examples of ICT include, but are not limited to: computers and peripheral equipment; information kiosks and transaction machines;

telecommunications equipment; customer premises equipment; multifunction office machines;

software; applications; Web sites; videos; and, electronic documents.”

Section 508 requires that all electronic products prepared for the Federal Government be accessible to persons with disabilities, including those with vision, hearing, cognitive, and mobility impairments.

Applicable Standards:

Appendix A to Part 1194 – Section 508 of the Rehabilitation Act: Application and Scoping Requirements

Appendix B to Part 1194 – Section 255 of the Communications Act: Application and Scoping Requirements

Appendix C to Part 1194 – Functional Performance Criteria and Technical Requirements

Section 508 Refresh standards are available at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh.

Before final acceptance of any ICT item, including updates and replacements, if the Contractor claims its products or services satisfy the applicable Revised 508 Standards specified in the statement of work, and the contracting officer’s representative, in coordination with the contracting officer, determines that any furnished ICT item is not in compliance with such requirements, the contracting officer will promptly inform the Contractor in writing of the noncompliance. The Contractor shall, at no cost to the agency, repair or replace the non-compliant products or services within the period specified by the contracting officer.

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X. AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed task order can be incurred before receipt of a fully executed task order or specific authorization from the Contracting Officer.

XI. PAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own volition or at the request of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and conditions under this effort.

XII. PAYMENT AND PROPER SUBMISSION OF INVOICE(S)

A. Payment

Payment for the purchase order shall be provided under the lump sum quote amount.

Compensation is full payment for performing all contract work in a complete and acceptable manner. All risk, loss, damage, or expense arising out of the nature or prosecution of the work is included in the compensation provided by the lump sum quote amount.

B. Proper Submission of Payment Request(s)

Invoices

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Payment request means a bill, voucher, invoice, or request for contract financing payment or invoice payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices,” this clause, and the applicable Payment clause included in this contract.

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests.

(4) Invoice payment has the meaning given in FAR 32.001.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the

Contractor shall submit payment requests in electronic form. Purchases paid with a Governmentwide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

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(c) The Department of Transportation utilizes the Delphi e-Invoicing web-portal for processing invoices. For vendors submitting invoices, and certain grantees submitting payment requests, they will be required to submit invoices via Delphi e-Invoicing which is accessed and authenticated via www.login.gov

(d) In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi e-Invoicing web-portal shall contain the following:

(1) Invoice number and invoice date.

(2) Period of performance covered by invoice.

(3) Contract number and title.

(4) Task/Delivery Order number and title (if applicable).

(5) Amount billed (by CLIN), current and cumulative.

(6) Total ($) of billing.

(7) Cumulative total billed for all contract work to date.

(8) Name, title, phone number, and mailing address of person to be contacted in the event of a defective invoice.

If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

(e) Payment system registration. All persons accessing the Delphi e-Invoicing web-portal will be required to have their own unique user Delphi e-Invoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account:

https://login.gov/help/creating-an-account/how-to-create-an-account/

(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) Agency POC’s will be responsible for communicating with vendor POC’s to initiate the Delphi e-Invoicing account creation process. Vendor POC’s who require access to the e-Invoicing web-portal for invoice submission and payment tracking purposes will be required to provide their full name, email address, and current phone number to the agency POC to initiate the Delphi e-Invoicing web-portal account. Vendor users and the agency POC will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi e-Invoicing account.

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov.

(5) Account Management. Vendors are responsible for contacting the Delphi Help Desk when their firm’s points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov.

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If the Vendor has any general questions or issues accessing the iSupplier web-portal, please have them contact the ESC iSupplier helpdesk either at:

https://einvoice.esc.gov/ Call Delphi helpdesk at 1-866-641-3500, option #4, then option #3

To add new points of contacts, Vendors are to submit the name(s), email address(es) and phone number(s) to HCFA-10@dot.gov

Account Management

The Vendor shall contact their COR or TOCOR when POCs leave their organization or will no longer be submitting invoices, with the full name, title, phone number, e-mail address, and user ID of the POC. The user ID will then be removed. If a user ID becomes inactive/times out due no activity by the POC, the Vendor shall contact their COR or TOCOR with the full name, title, phone number, e-mail address, and user ID of the POC to be reactivated. To prevent being timed out due to no-activity, users shall login no less than once every 45 days of their last login.

Waivers

The Department of Transportation Financial Management officials may, on a case by case basis, waive the requirement to register and use the DELPHI e-Invoicing System. Waiver request forms can be obtained on the DELPHI e-Invoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the COR. All Vendors must explain why they are unable to use or access the Internet to register and enter payment requests.

All waiver requests shall be sent via mail to:

Director of the Office of Financial Management US Department of Transportation, B-30 Office of Financial Management, Room W93-431 1200 New Jersey Avenue SE Washington DC 20590-0001 or electronically to: DOTeInvoicing@dot.gov

The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days.

If a Vendor is granted a Waiver, Requests for Advance or Reimbursement and required supporting documents, shall be sent via regular U.S. Postal Service to the following address:

Federal Highway Administration Invoice Processing P.O. Box 268865 Oklahoma City, OK 73126-8865 Attention: Ryan Wisniewski

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Invoices submitted via an overnight service or Express Delivery must use the following physical address:

MMAC

FHWA/AMZ-150

6500 MacArthur Blvd.

Oklahoma City, OK 73169 Attention: Ryan Wisniewski (405) 954-8252

All invoices, regardless of submission method, must identify the Invoice Specialist as the invoicing point of contact.

X. DEFECTIVE INVOICE

Payment due dates are based upon the receipt of a proper invoice. If the invoice is defective it will be returned for appropriate action. See FAR Clause 52.212-4(i)(2), Prompt Payment.

XI. FINAL PAYMENT AND CLAIMS RELEASE

Upon completion of the final performance period for the task order and prior to remittance of full and final payment to the Contractor, the Contractor shall release the Government of all claims.

The Contractor shall complete, execute, and submit:

Summary list of all vouchers/invoices presented for payment (include voucher/invoice number, date, amount claimed, and amount paid).

Copy of final voucher/invoice submitted for payment Completed DOT Form 4220.4, Contractor’s Release, reflecting final contract price (see

Attachment C.001) whereby the Contractor releases the Government of all claims, at the time of submission of its final invoice. Failure to submit a Contractor’s Release shall be grounds for rejection of the Contractor’s final invoice

SECTION C – LIST OF ATTACHMENTS

Page C-1

The following attachments are incorporated in this solicitation and the resulting contract:

Attachment Description # of Pages

NOT APPLICABLE

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D.1 Incorporated by Reference

D.1.1 Federal Acquisition Regulation (FAR)

52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at https://www.acquisitions.gov/?q=browsefar

52.203-17 -- Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.204-13 -- System for Award Management Maintenance (Oct 2018) 52.204-18 -- Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 -- Incorporation by Reference of Representations and Certifications (Dec 2014) 52.212-4 -- Contract Terms and Conditions -- Commercial Items (Oct 2018) 52.232-39 -- Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 -- Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(End of clause)

D.1.2 Transportation Acquisition Regulation (TAR)

The following Transportation Acquisition Regulation clauses are incorporated by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract

1252.223-71 -- Accident and Fire Reporting (Apr 2005) 1252.223-73 -- Seat Belt Use Policies and Programs (Apr 2005) 1252.237-70 -- Qualifications of contractor employees (Apr 2005) 1252.242-72 -- Dissemination of Contract Information (Oct 1994) 1252.242-73 -- Contracting Officer's Technical Representative (Oct 1994)

D.2 Full Text Clauses

D.2.1 Federal Acquisition Regulation (FAR)

52.203-99 -- Prohibition on Contracting with Entities That Require Certain Internal Confidentiality Agreements (Feb 2015) (DEVIATION 2015-02)

(a) The Contractor shall not require employees or subcontractors seeking to report

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69056720Q000047 August 4, 2020 fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause–

“Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C.

3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

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(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract

Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access;

and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jul 2020)

(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).

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(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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. 3805note)).

(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:

[Contracting Officer check as appropriate.]

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 (June 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 2018) (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. (Oct 2015) (31 U.S.C. 6101note).

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

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C.657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C.644).

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

__ (iii) Alternate II (Nov 2011).

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

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

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

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X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (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 (Mar 2020) of 52.219-9.

__ (v) Alternate IV (Aug 2018) 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 (Mar 2020) (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 (Mar 2020) (15 U.S.C. 657f).

X_ (22)(i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (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 (Mar 2020) (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 (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(a)(17)).

X_ (27) 52.222-3, Convict Labor (June 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

X_ (30)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

X_ (31)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

X_ (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (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 (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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.)

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__ (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 (Aug 2011) (E.O. 13513).

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

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

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

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

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

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

__ (iv) Alternate III (May 2014) 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 (June 2008) (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).

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__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

X_ (57) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (62)(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.

__ (iii) Alternate II (Feb 2006) 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:

[Contracting Officer check as appropriate.] __ (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 (May 2014) (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 Under Executive Order 13658 (Dec 2015).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

__ (9) 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.

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(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

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

(vii) 52.222-26, Equal Opportunity (Sept 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 (Aug 2018) (41 U.S.C. chapter 67).

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(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 78and 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).

(xiii) 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).