80GRC022R0013 TWEEDS Final RFP_p.pdf

Technical Workforce Education and Expertise Development Services (TWEEDS)

NASA – Glenn Research Center / 80GRC022R0013

SECTION A – SF 33 SOLICITATION/CONTRACT FORM AND GENERAL INFORMATION

GENERAL INFORMATION

1. The purpose of this Request for Proposal (RFP) is to procure Technical Workforce Education and

Expertise Development Services (TWEEDS) at NASA, to support the Office of the Chief Engineer’s

(OCE) Academy of Program/Project & Engineering Leadership Knowledge Services (APPEL KS) activities.

2. The services required, as described in the Statement of Work (SOW) attached hereto as Attachment J-

01, are exempt from the Electronic and Information Technology (EIT) Certification for Section 508

Compliance.

3. This RFP is for the consolidation of two existing contracts which are currently being performed under the following two contracts: NNC16BA06B / NNC16TA99T at the Glenn Research Center (GRC) and

NNK16OL05C at the Kennedy Space Center (KSC). A notification of this Consolidation was posted on

SAM.Gov on June 17, 2022.

4. Offerors are also advised that funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer (CO) for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the CO.

5. In the Section B CLIN matrix, the Offeror shall fill in their proposed Firm Fixed Price (FFP) and Cost

Plus Fixed Fee (CPFF) total extended prices for the applicable CLINs along with all Offeror Fill-In’s.

6. Questions and comments for this RFP shall be submitted by Friday, October 21, 2022 at 5:00 PM

Eastern Time to Stephanie D’Anniballe at Stephanie.C.D’Anniballe@nasa.gov.

7. The closing date for this solicitation is Friday, November 18, 2022 at 5:00 PM Eastern Time.

Proposals are to be submitted via NASA’s Enterprise File Sharing and Sync Box (EFSS Box), a

FedRAMP Moderate certified platform. Refer to Section L.11 for specific proposal submittal instructions.

[END OF SECTION]

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 Supplies and/or Services to Be Furnished (MAY 2002)

The Contractor shall provide all resources (except as may be expressly stated in this contract as furnished by the Government) necessary to perform the requirements for the TWEEDS contract delineated in the

Statement of Work incorporated as Attachment No. J-01 Statement of Work.

(End of clause)

B.2 1852.216-74 Estimated cost and fixed fee. (DEC 1991)

The estimated cost of this contract is [Offeror Fill-In (OFI)] exclusive of the fixed fee of [OFI]. The total estimated cost and fixed fee is [OFI].

B.3 1852.216-78 Firm fixed price. (DEC 1988)

The total firm fixed price of this contract, exclusive of Phase-In, is [OFI].

B. 4 1852.216-81 Estimated cost. (DEC 1988)

The total estimated cost for complete performance of this contract is $1,940,000.00. See FAR clause

52.216-11, Cost Contract - No Fee, of this contract.

B.5 1852.232-81 Contract funding. (JUN 1990)

(a) For purposes of payment of cost, exclusive of fee, in accordance with the Limitation of Funds clause, the total amount allotted by the Government to this contract is $TBD. This allotment is for the first TBD days of contract performance.

(b) An additional amount of $TBD is obligated under this contract for payment of fee.

CLIN MATRIX

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT AMOUNT

FFP

[OFI] HOURS $[OFI]

Phase-In (60 days)

See attached SOW for detailed description.

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY AMOUNT

CPFF

Base Year - Learning Delivery

ESTIMATED COST $[OFI]

FIXED FEE $[OFI]

TOTAL EST COST + FIXED FEE $[OFI]

FFP

[OFI] HOURS $[OFI]

Base Year - WYE Labor

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

COST

1 Lot

Base Year - Administrative Logistics

COST ONLY, NON-FEE BEARING

ESTIMATED COST $340,000.00

COST

1 Lot

Base Year - Travel

ESTIMATED COST $48,000.00

CPFF

Option Year 1 - Learning Delivery

FFP

[OFI] HOURS $[OFI]

Option Year 1 - WYE Labor

COST

1 Lot

Option Year 1 - Administrative Logistics

COST

1 Lot

Option Year 1 - Travel

CPFF

Option Year 2 - Learning Delivery

FFP

[OFI] HOURS $[OFI]

Option Year 2 - WYE Labor

COST

1 Lot

Option Year 2 - Administrative Logistics

COST

1 Lot

Option Year 2 - Travel

CPFF

Option Year 3 - Learning Delivery

FFP

[OFI] HOURS $[OFI]

Option Year 3 - WYE Labor

COST

1 Lot

Option Year 3 - Administrative Logistics

COST

1 Lot

Option Year 3 - Travel

CPFF

Option Year 4 - Learning Delivery

FFP

[OFI] HOURS $[OFI]

Option Year 4 - WYE Labor

COST

1 Lot

Option Year 4 - Administrative Logistics

COST

1 Lot

Option Year 4 - Travel

CPFF

6 Month Extension - Learning Delivery

FFP

[OFI] HOURS $[OFI]

6 Month Extension - WYE Labor

COST

1 Lot

6 Month Extension - Administrative Logistics

ESTIMATED COST $170,000.00

COST

1 Lot

6 Month Extension - Travel

ESTIMATED COST $24,000.00

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 SPECIFICATION/STATEMENT OF WORK

The Contractor shall provide all resources (except as may be expressly stated in the Contract as furnished by the Government) necessary to deliver and/or perform the items or services specified in accordance with Attachment No. J-01 Statement of Work, and all approved work outlined in their proposal titled “OFI” dated: "OFI” in accordance with Attachment No. J-06.

(End of Text)

C.2 GRC 52.255-90 Technical Direction (APR 2016)

(a) Performance of the work under this contract is subject to the technical direction of the Contracting

Officer (CO) or the designated Contracting Officer’s Representative (COR).

(b) "Technical direction" means a directive to the Contractor that provides clarification of the contract’s general description of the scope of work, to include approaches, solutions, designs, refinements or shifts within tasks, or inquiries related to the general tasks and requirements in the statement of work or specifications.

(c) Technical Direction does not include any instruction that--

(1) Constitutes an assignment of additional work outside the statement of work (i.e. “new work”;

(2) Constitutes a change as defined in the changes clause;

(3) Constitutes a basis for any increase or decrease in the total price, any milestone price, or the time required for performance or delivery;

(4) Changes any of the expressed terms, conditions, or specifications of the contract; or

(5) Interferes with the contractor's rights to perform the terms and conditions of the contract.

(6) Changes any performance-based requirement.

(d) All technical direction will be issued in writing by the CO or the designated COR.

(e) The Contractor shall proceed promptly with the performance of technical direction issued by the CO or COR, unless, in the Contractor's opinion, any instruction or direction falls within any of the categories defined in paragraph (c) of this clause. In the latter event, the Contractor shall not proceed but shall within

5 working days notify the CO in writing of the basis for its opinion. Within 30 calendar days of receiving this notification, the CO will either amend the technical direction, request a proposal for an amendment to the contract or Task Order, advise the Contractor in writing that the technical direction is considered to be within the limits of this clause and that the Contractor should proceed promptly with its performance, or rescind the technical direction in its entirety.

(f) A failure of the Contractor and CO to agree that the instruction or direction is both within the requirements of the contract and does not constitute a change under the changes clause, or a failure to agree upon the contract action to be taken with respect to the instruction or direction, shall be subject to the Disputes clause of this contract.

(g) Any action(s) taken by the Contractor in response to any direction given by any person other than the

CO or the designated COR shall be at the Contractor's risk.

Emergency Preparedness and Response (November 2015)

(a) The Contractor’s obligation may include resolution of unusual or emergency situations. The

Contractor may be required to assist NASA, within the general scope of work, in preparation for, or in response to emergencies.

(b) Obligations under this requirement shall only arise when one or more of the criteria at FAR 18.001, enabling NASA to utilize “Emergency Acquisition Flexibilities”, are met.

(c) If the emergency preparedness and response requirements result in changes to the contract, all contract adjustments will be processed in accordance with the Changes clause of this contract.

SECTION D - PACKAGING AND MARKING

LISTING OF CLAUSES INCORPORATED BY REFERENCE NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) None included by reference.

II. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18) CLAUSES.

None.

SECTION E - INSPECTION AND ACCEPTANCE

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the

Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The following contract clauses pertinent to this section are hereby incorporated by reference:

E.1 CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection of Services-Fixed-Price. AUG 1996

52.246-5 Inspection of Services-Cost-Reimbursement. APR 1984

E.2 GRC 52.246-92 INSPECTION AND ACCEPTANCE (JAN 1987)

Final inspection and acceptance of all work performed under this contract, including all deliverable items will be performed at destination.

SECTION F - DELIVERIES OR PERFORMANCE

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and effect as

Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The following contract clauses pertinent to this section are hereby incorporated by reference:

F.1 CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order. Alternate I APR 1984

52.242-17 Government Delay of Work. APR 1984

F.2 PERIOD OF PERFORMANCE

The period of performance shall consist of the following: A phase-in period not to exceed sixty (60) days;

a base period of twelve (12) months commencing March 1, 2023 and ending February 29, 2024; four (4) one-year option periods and one (1) 6 month option that can be executed in accordance with clause

52.217-9 Option to Extend the Term of the Contract.

Contract Period of Performance

Start Date End Date Months

Phase-In 01/01/2023 2/28/2023 NTE 60 days

Base 3/01/2023 2/29/2024 12

Option 1 3/01/2024 2/28/2025 12

Option 2 3/01/2025 2/28/2026 12

Option 3 3/01/2026 2/28/2027 12

Option 4 3/01/2027 2/29/2028 12

6 Month Extension 3/01/2028 8/31/2028 6

F.3 PLACE OF PERFORMANCE - SERVICES

The services to be performed under this contact shall be performed mainly remote, with occasional performance at the following location or other locations as specified by the Government:

NASA Kennedy Space Center (KSC), Space Commerce Way, Merritt Island, FL 32953. It is expected that there will be some administrative management personnel located near KSC to perform classroom logistics and facilitation without need for travel.

Note: there is no requirement for performance at contractor facility.

SECTION G - CONTRACT ADMINISTRATION DATA

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and effect as

Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The following contract clauses pertinent to this section are hereby incorporated by reference:

G.1 CLAUSES INCORPORATED BY REFERENCE

1852.216-75 Payment of Fixed Fee DEC 1988

1852.242-73 NASA Contractor Financial Management Reporting NOV 2004

1852.245-70 Contractor Requests for Government-furnished Property AUG 2015

G.2 1852.232-80 Submission of vouchers for payment. (APR 2018)

(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD

Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.

(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC's Vendor Payment information Web site at:

https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact Center at 1-877-

NSSC123 (1-877-677-2123) with any additional questions or comments.

(c) Payment requests.

(1) The payment periods are stipulated in the payment clause(s) contained in this contract.

(2) Vouchers submitted under cost type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:

(i) Vouchers.

(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.

(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.

(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.

(D) Progress reports, as required.

(ii) Invoices.

(A) Description of goods and services delivered as part of the contract's terms and conditions, including the dates of delivery/performance.

(B) Progress reports, as required.

(C) Date goods and services were performed.

(iii) Fee vouchers.

(A) Listing of all provisionally-billed fee by period or date earned since contract award.

(B) A reconciliation of all billed and earned fee.

(C) A clear explanation of the fee calculations.

(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.

(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoice within seven calendar days of receipt by the NSSC

Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.

(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.

G.3 GRC 52.242-96 NASA Contractor Financial Reporting - Supplemental Requirements (JUN

2021)

(a) The following reporting requirements are associated with those stated in the NASA Contractor

Financial Management Reporting clause (1852.242-73) of this contract, and NPR 9501.2, NASA

Contractor Financial Management Reporting. NPR 9501.2 may be accessed through the NODIS Library at https://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPR&c=6000&s=1H.

(1) Approved Contract Baseline

(i) Within thirty (30) working days after the contract effective date, the Contractor shall provide a summary page(s) to the Contracting Officer (CO) and Contracting Officer’s Representative (COR), showing each reporting category as budgeted on a month-by- month basis for the duration of the work effort (Optional work efforts shall be separately summarized and Fiscal Years shall be subtotaled).

(ii) The corresponding monthly amounts on this summary shall be the amounts appearing in the

“Planned” columns (7b and 7d) of each month’s NF 533 as reported during the duration of the work effort.

(iii) The following cost categories are required to appear in the “Contract Value” column (9b) of the NF

533. No amounts shall accrue against any cost category not listed herein, unless authorized in writing by the CO (Email is sufficient). Variations in format or organization are authorized, as long as they conform to the contract reporting requirements.

Direct Labor Hours _______X___________

Direct Labor Dollars ______X_____________

Labor Overhead/Fringe Dollars ______X_____________

Material Dollars _______X____________

Material Overhead Dollars ________X___________

Other Direct Cost Dollars

Travel _______X___________

Freight _______X_____________

Equipment _____X_______________

Training _______X____________

Subcontract Dollars _____X______________

Other Indirect Dollars _____X______________

G&A Dollars _______X____________

COM Dollars _______X____________

Fee Dollars ________X___________

(b) The following reporting requirements are in addition to those stated in the NASA Contractor Financial

Management Reporting clause (1852.242-73) of this contract, and NPR 9501.2, NASA Contractor

Financial Management Reporting.

(1) Contractor Accounting Calendar

(i) The contractor shall prepare an accounting calendar for the life of the contract (base period plus all option periods).

(ii) The accounting calendar sample will be provided to the contractor after award.

(iii) The accounting calendar shall be submitted electronically to the CO within fifteen (15) working days after the contract effective date.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and effect as

Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The following contract clauses pertinent to this section are hereby incorporated by reference:

H.1 CLAUSES INCORPORATED BY REFERENCE

1852.208-81 Restrictions on Printing and Duplicating NOV 2004

1852.223-70 Safety and Health and Mishap Reporting DEC 2015

1852.223-72 Safety and Health (Short Form) JUL 2015

1852.223-75 Major Breach of Safety or Security FEB 2002

1852.242-72 Denied Access to NASA Facilities OCT 2015

H.2 1852.225-70 Export Licenses. (FEB 2000)

(a) The Contractor shall comply with all U.S. export control laws and regulations, including the

International Traffic in Arms Regulations (ITAR), 22 CFR parts 120-130, and the Export

Administration Regulations (EAR), 15 CFR parts 730-799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.

(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at Kennedy Space Center, where the foreign person will have access to export-controlled technical data or software.

(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.

(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.

H.3 1852.232-77 Limitation of funds (fixed-price contract). (MAR 1989)

(a) Of the total price of items TBD through TBD, the sum of $0 is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said items is allotted:

SCHEDULE FOR THE ALLOTMENT OF FUNDS

Date Amounts

TBD TBD

(b) The Contractor agrees to perform or have performed work on the items specified in paragraph

(a) of this clause up to the point at which, if this contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the

Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the

Contractor, approximate the total amount at the time allotted to the contract. The Contractor is not obligated to continue performance of the work beyond that point. The Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the Government clause notwithstanding.

(c) (1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until TBD.

(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the

Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the

Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.

(3) (i) The notice shall state the estimated date when the point referred to in paragraph (c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it.

(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties.

(4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause, additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination for Convenience of the Government clause.

(d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly.

(e) If, solely by reason of the Government's failure to allot additional funds in amounts sufficient for the timely performance of this contract, the Contractor incurs additional costs or is delayed in the performance of the work under this contract, and if additional funds are allotted, an equitable adjustment shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.

(f) The Government may at any time before termination, and, with the consent of the Contractor, after notice of termination, allot additional funds for this contract.

(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph

(a). This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.

(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.

H.4 1852.235-71 Key personnel and facilities. (MAR 1989) the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause.

(e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts.

(f) Within 30 calendar days after contract award, the Contractor shall submit to the Contracting Officer

(CO) a detailed safety and occupational health plan for concurrence by the GRC Safety and Health

Division, and approval by the CO. Until the Safety and Health Plan is approved, the contractor may only perform necessary phase-in and other administrative activities.

(1) If the contract is for services and/or operations, the Safety and Health Plan shall be prepared in accordance with NASA Procedural Requirements (NPR) 8715.3 NASA General Safety Program

Requirements, Appendix E.

(2) If the contract is for construction, the Safety and Health Plan shall be prepared in accordance with: a)

Chapter 17 of GLM-QS-8715, Glenn Safety Manual, and b) the General Safety Specification 01 35 26.98.

(3) If the contract statement of work or specification includes site-specific and/or unique safety and health requirements, they shall be addressed in the Safety and Health Plan as well.

Upon approval, the Safety and Health Plan will be incorporated as an Attachment to the contract via modification.

H.7 Expenditures Related to Formal Training for Government Employees

In hosting Knowledge Sharing Events in accordance with Statement of Work, Attachment No. J-01, the contractor shall comply with Government statutes and regulations limiting or restricting a federal agency’s use of appropriated funds for expenditures related to formal training for government employees.

Specifically, with regard to determining allowable costs: (a) Per Diem Rates: the contractor shall ensure food and lodging provided to government employees is within per diem rates set forth in the Federal

Travel Regulations (41 Code of Federal Regulations (CFR), Chapters 300 through 304); (b) Food and

Refreshments: in accordance with 5 U.S.C. 4109, appropriated funds may be used to pay for costs of food

(meals or light refreshments) for government employees participating in formal training where the provision of food is necessary to achieve the objectives of the training program, and the following three criteria are met: (i) the meal or refreshments are incidental to the training program (the meal and refreshments are integrated into a schedule of daily events); (ii) attendance at the meal or refreshment break is necessary for full participation in the program, and (iii) the employee is not free to take the meal or break elsewhere without missing essential formal discussions, lectures or speeches concerning the purpose of the meeting, and (c) Entertainment: appropriated funds may not be used for entertainment except when specifically authorized by statute.

H.8 Rights in Data, Supplemental to FAR 52.227-17 Rights in Data-Special Work

The Clause at FAR 52.227-17, Rights in Data-Special Works, shall apply to all course or event materials

(including, but not limited to: course books, agendas, booklets, theme-related books, CDs, class lists and completed individual/student evaluation forms, assessments and surveys), developed or generated pursuant to the Statement of Work. The Clause at FAR 52.227-14 “Rights in Data-General” Alternate II shall apply to all contract deliverables not subject to FAR 52.227-17 as set forth above.

H.9 Identification and Representation of Limited Rights Data and Restricted Computer

Software (Combined Clause)

(a) This clause does not apply to restrictions based solely on copyright.

(b) Consistent with FAR 52.227-15(b), Limited Rights Data and Restricted Computer Software to be delivered in performance of this contract will be identified and listed pursuant to this clause. The

Contractor shall not deliver any data in performance of this contract with restrictive or limiting markings unless the data are listed herein or later identified and certified by the Contractor that such data qualify as

Limited Rights Data or Restricted Computer Software in accordance with their respective definitions in

FAR 52.227-14(a), as specified in paragraph (c) of this clause.

(c) Pre-Award Identification.

(Start of identification and representation)

The Contractor represents it has accurately identified, through recorded information, the stages of technical development and the source of funds at a lowest segregable level pertaining to an item, component, process, or computer software, and hereby certifies that the data related thereto and identified below qualify as Limited Rights Data or Restricted Computer Software in accordance with their respective definitions in FAR 52.227-14(a):

Technical Data* or

Computer

Software** to be

Furnished with

Restrictions

Basis for

Representation***

Represented Rights

Category****

Name of Person

Representing

Restrictions*****

Offeror Fill-in

(OFI)******

Offeror Fill-in (OFI)

Offeror Fill-in (OFI)

Offeror Fill-in (OFI)

* A representation of limited rights data is applicable to a lowest segregable level pertaining to an item, component, or process. Identify the lowest level pertaining to an item, component, or process.

** A representation of restricted computer software is applicable to a lowest segregable level pertaining to computer software. Identify the lowest segregable level pertaining to computer software.

*** Generally, the development of an item, component, process, or computer software at private expense is the only basis for representing limited or restricted rights on the Government. If development was not at private expense, enter the specific reason for asserting that the Government’s right should be limited or restricted.

**** Enter represented rights category (e.g., limited rights, restricted rights, SBIR rights).

***** Corporation, individual, or other person, as appropriate.

Date

Printed Name and Title

Signature

(End of identification and representation)

(d) Post-Award Identification. In addition to the representations made within this clause, other representations may be made after award when based on new information or inadvertent omission unless the inadvertent omission would have materially affected the Government’s source selection decision, a payment decision, or both. Such identification and representations may be made after award whereby the

Contractor shall submit a request to the Contracting Officer as soon as practicable after initial identification in the following format and signed by an official authorized to contractually obligate the

Contractor. The Contracting Officer will consider such a request and determine whether or not to accept the request by incorporating it in a contract modification. Such post-award identification shall be made in the following format:

(Start of identification and representation)

Identification and Representation of Limited Rights Data and Restricted Computer Software

The Contractor asserts additional data not previously identified pursuant to the

IDENTIFICATION AND REPRESENTATION OF LIMITED RIGHTS DATA AND

RESTRICTED COMPUTER SOFTWARE clause and required to fulfill the data delivery requirements qualify as limited rights data or restricted computer software. The Contractor represents it has accurately identified, through recorded information, the stages of technical development and the source of funds at a lowest segregable level pertaining to an item, component, process, or computer software. Furthermore, the Contractor represents it has verified such recorded information and hereby certifies that the data identified below qualify as limited rights data or restricted computer software in accordance with their respective definitions in FAR

52.227-14(a):

Technical Data* or

Computer

Software** to be

Furnished with

Restrictions

Basis for

Representation***

Represented Rights

Category****

Name of Person

Representing

Restrictions*****

Offeror Fill-in

(OFI)******

Offeror Fill-in (OFI)

Offeror Fill-in (OFI)

Offeror Fill-in (OFI)

* A representation of technical data asserted as limited rights data is applicable to a lowest segregable level pertaining to an item, component, or process. Identify the lowest segregable level pertaining to an item, component, or process.

** A representation of restricted computer software is applicable to a lowest segregable level pertaining to computer software. Identify the lowest segregable level pertaining to computer software.

*** A representation of other data shall be made at a lowest segregable level (i.e., broad descriptions are generally unacceptable due to indefiniteness). Generally, the development data entirely at private expense is the only basis for representing limited or restricted rights on the Government. If development was not at private expense, enter the specific reason for asserting that the Government’s rights should be limited or restricted.

**** Enter represented rights category (e.g., limited rights, restricted rights, SBIR rights).

***** Corporation, individual, or other person, as appropriate.

******Contractor fill-in after award as applicable.

Date

Printed Name and Title

Signature

(End of identification and representation)

(e) If requested by the Contracting Officer, the Contractor shall provide sufficient recorded information to justify the validity of limited rights data or restricted computer software identified in this clause. Such written justification shall include historical documentary evidence that clearly identifies the stages of technical development and the source of funds at a lowest segregable level pertaining to an item, component, process, or computer software. Conclusory statements without supporting historical documentary evidence shall constitute a failure to provide written justification to substantiate the propriety of the markings. Costs and expenses associated with providing sufficient recorded information to justify the validity of limited rights data or restricted computer software are unallowable costs under this contract. The Contractor shall substantiate its limited rights data or restricted computer software assertions at its own expense.

(f) Based on the Contractor’s actions or deliberate inaction, an omission regarding failing to identify data or a failure by the Contractor to identify, analyze, or verify data as described in this clause may be deemed as an act in deliberate ignorance or reckless disregard of the truth or falsity of the information.

The Contractor may not rely on past or commensurate actions or inactions by the Government regarding data not previously identified to the Government as limited rights data or restricted computer software yet delivered to the Government with restrictive or limiting markings and actually or constructively accepted by the Government.

(g) Subcontracting. If applicable, the Contractor shall obtain from its subcontractors sufficient recorded information to justify the validity of limited rights data or restricted computer software identified in this clause necessary to fulfill the Contractor’s obligation in paragraph (e) of this clause. If a subcontractor refuses to accept terms affording the Contractor to provide such sufficient recorded information to the Contracting Officer, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the

Contracting Officer.

H.10 Security Clearance

Personnel performing under this contract may be subject to a background investigation.

SECTION I - CONTRACT CLAUSES

Clause(s) at the beginning of this Section are incorporated by reference, with the same force and effect as

Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The following contract clauses pertinent to this section are hereby incorporated by reference:

I.1 CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions. JUN 2020

52.203-5 Covenant Against Contingent Fees. MAY 2014

52.203-6 Restrictions on Subcontractor Sales to the Government. Alternate I NOV 2021

52.203-7 Anti-Kickback Procedures. JUN 2020

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct. NOV 2021

52.203-16 Preventing Personal Conflicts of Interest. JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. MAY 2011

52.204-7 System for Award Management OCT 2018

52.204-9 Personal Identity Verification of Contractor Personnel. JAN 2011

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

52.204-13 System for Award Management Maintenance. OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance. AUG 2020

52.204-19 Incorporation by Reference of Representations and Certifications. DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities.

NOV 2021

52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment.

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility

Matters.

OCT 2018

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. NOV 2015

52.211-15 Defense Priority and Allocation Requirements. APR 2008

52.215-2 Audit and Records-Negotiation. JUN 2020

52.215-8 Order of Precedence-Uniform Contract Format. OCT 1997

52.215-23 Limitations on Pass-Through Charges. Alternate I OCT 2009

52.216-8 Fixed Fee. JUN 2011

52.216-11 Cost Contract-No Fee APR 1984

52.217-2 Cancellation Under Multi-year Contracts. OCT 1997

52.219-6 Notice of Total Small Business Set-Aside. NOV 2020

52.219-8 Utilization of Small Business Concerns. OCT 2018

52.219-14 Limitations on Subcontracting. SEP 2021

52.219-28 Post-Award Small Business Program Rerepresentation. SEP 2021

52.222-1 Notice to the Government of Labor Disputes. FEB 1997

52.222-2 Payment for Overtime Premiums. JUL 1990

52.222-3 Convict Labor. JUN 2003

52.222-21 Prohibition of Segregated Facilities. APR 2015

52.222-26 Equal Opportunity. SEP 2016

52.222-37 Employment Reports on Veterans. JUN 2020

52.222-40 Notification of Employee Rights Under the National Labor Relations

Act.

DEC 2010

52.222-50 Combating Trafficking in Persons. NOV 2021

52.222-54 Employment Eligibility Verification. MAY 2022

52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706. JAN 2022

52.223-5 Pollution Prevention and Right-to-Know Information. Alternate I MAY 2011

52.223-6 Drug-Free Workplace. MAY 2001

52.223-10 Waste Reduction Program. MAY 2011

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. JUN 2020

52.224-1 Privacy Act Notification. APR 1984

52.224-2 Privacy Act. APR 1984

52.224-3 Privacy Training. JAN 2017

52.225-1 Buy American-Supplies NOV 2021

52.225-13 Restrictions on Certain Foreign Purchases. FEB 2021

52.227-1 Authorization and Consent. JUN 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. JUN 2020

52.227-3 Patent Indemnity APR 1984

52.227-16 Additional Data Requirements JUN 1987

52.227-17 Rights in Data-Special Works DEC 2007

52.228-7 Insurance – Liability to Third Persons MAR 1996

52.229-3 Federal, State, and Local Taxes. FEB 2013

52.230-2 Cost Accounting Standards. JUN 2020

52.232-1 Payments. APR 1984

52.232-11 Extras. APR 1984

52.232-17 Interest. MAY 2014

52.232-18 Availability of Funds. APR 1984

52.232-22 Limitation of Funds. APR 1984

52.232-23 Assignment of Claims. MAY 2014

52.232-25 Prompt Payment. Alternate I FEB 2002

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations. JUN 2013

52.233-1 Disputes. MAY 2014

52.233-3 Protest after Award. Alternate I JUN 1985

52.233-4 Applicable Law for Breach of Contract Claim. OCT 2004

52.237-3 Continuity of Services JAN 1991

52.239-1 Privacy or Security Safeguards. AUG 1996

52.242-1 Notice of Intent to Disallow Costs. APR 1984

52.242-13 Bankruptcy. JUL 1995

52.243-1 Changes – Fixed-Price AUG 1987

52.243-2 Changes – Cost-Reimbursement AUG 1987

52.244-5 Competition in Subcontracting. DEC 1996

52.244-6 Subcontracts for Commercial Products and Commercial Services. JAN 2022

52.249-4 Termination for Convenience of the Government (Services) (Short

Form).

APR 1984

52.249-6 Termination (Cost-Reimbursement). MAY 2004

52.249-8 Default (Fixed-Price Supply and Service). APR 1984

52.249-14 Excusable Delays. APR 1984

52.251-1 Government Supply Sources. APR 2012

52.253-1 Computer Generated Forms. JAN 1991

1852.203-70 Display of Inspector General Hotline Posters JUN 2001

1852.203-71 Requirement to Inform Employees of Whistleblower Rights AUG 2014

1852.204-76 Security Requirements for Unclassified Information Technology

Resources

JAN 2011

1852.215-84 Ombudsman NOV 2011

1852.227-86 Commercial Computer Software-License APR 2015

1852.228-75 Minimum Insurance Coverage OCT 1998

1852.237-70 Emergency Evacuation Procedures DEC 1988

1852.237-72 Access to Sensitive Information JUN 2005

1852.237-73 Release of Sensitive Information JUN 2005

I.2 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment.

Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment (Nov 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE

Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision

Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the

Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal

Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the

Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal

Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal

Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export

Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The

Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph

(d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and…