CSS_88310319Q00167.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for

Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is 88310319Q00167 and is issued as a

Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-06 effective September 10, 2019.

This is a full and open RFQ under NAICS code 811212, Computer and Office Machine Repair and Maintenance. CONTRACT LINE ITEM NUMBER(S): See Attachment 1, Schedule of

Prices. REQUIREMENT: The National Archives and Records Administration (NARA) has a requirement to obtain maintenance for SUN hardware. See Attachment 2, Performance Work

Statement. PERIOD OF PERFORMANCE: The period of performance will consist of a base year. The following Federal Acquisition Regulation (FAR) clauses are incorporated and are to remain in full force in any resultant purchase order. FAR provisions will be removed prior to award. FAR provision 52.212-1, Instructions to Offerors - Commercial Items (Oct

2018). Addenda: (1) Delete paragraph (h), Multiple Awards. - see below for additional quotation submission instructions. EVALUATION (In lieu of FAR provision 52.212-2): Evaluation and award will be in accordance with Simplified Acquisition Procedures at FAR 13.106, Soliciting

Competition, Evaluation of Quotations or Offers, Award and Documentation as prescribed by

FAR 12.301(c)(2). Selection of the Contractor for this purchase order will be based on NARA’s assessment of the best overall value to the Government. Accordingly, best value for this purchase order will be obtained through a Lowest Price Technically Acceptable evaluation. Exceptions taken to any terms and conditions stated in the RFQ must be clearly outlined on a separate page of the Contractor’s quotation entitled “Exceptions”. The Contractor must also include a justification and the cost impact of each exception noted. However, Exceptions may render the quotation unacceptable for award. The Government reserves the right to make an award on the initial quotation without communicating with contractors. For evaluation purposes, the total price for Contract Line Item Number (CLIN) will be determined by multiplying the maximum quantity by the total firm-fixed price. The total price for each fixed-price CLIN will be determined by multiplying the quantity by the total firm-fixed price. The total price will be determined by summing the total firm-fixed prices of each CLIN. The evaluated total purchase order price will be determined by summing the total firm-fixed prices of all CLINs. FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Items (Oct 2018) -

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. FAR clause 52.212-4, Contract Terms and Conditions -

Commercial Items (Oct 2018) – see Attachment 4, Additional NARA Terms and Conditions

(Addenda to FAR clause 52.212-4). FAR clause 52.212-5, Contract Terms and Conditions

Required to Implement Statutes or Executive Orders - Commercial Items (Aug 2019) - see

Attachment 5, FAR Clauses for the full text of this clause and for additional applicable FAR clauses. The Contractor is required to be registered in the System for Award Management

(SAM) and maintain registration until final payment in accordance with FAR provision 52.204-

7, System for Award Management (Oct 2018). Full text provisions and clauses can be found at http://www.acquisition.gov. QUOTATION DUE DATE: Quotations must be received by 12:00

PM ET on September 19, 2019. Failure to submit quotations by the due date and time may result in rejection of the quotation as untimely. Contractors submitting via e-mail are cautioned to allow one extra business day for delivery and confirm receipt of quotation as the e-mail will need to pass through IT security. QUOTATION SUBMISSION INSTRUCTIONS: NARA requests that contractors email one (1) copy of the quotation to: shawn.xiong@nara.gov.

NARA – 88310319Q00167, Sun Hardware Maintenance

ATTACHMENT 1

SCHEDULE OF PRICES

Period of Performance: Months 1 - 12

CLIN DESCRIPTION QTY UNIT OF

ISSUE

FIRM-FIXED

UNIT PRICE

TOTAL PRICE

Hardware Maintenance for Sun Hardware in accordance with the

Performance Work

Statement

Lot

TOTAL PURCHASE ORDER PRICE:

ATTACHMENT 2

PERFORMANCE WORK STATEMENT

1.0 BACKGROUND

1.1 The National Archives and Records Administration (NARA)’s mission is to safeguard and preserve the records of the United States Government, ensuring that the public can discover, use, and learn from this documentary heritage. NARA ensures ready access to the essential evidence that documents the rights of American citizens, the actions of Federal officials, and the national experience. The agency meets thousands of information needs daily, ensuring access to records on which the entitlements of citizens, the credibility of the United

States Government, and the accuracy of history depend.

1.2 NARA requires Sun Maintenance services for Sun/Oracle Computer Networking systems from authorized partners who are certified with a Sun/Oracle 7 X 24 helpdesk to supplement Sun/Oracle TAC and Advanced Services. The Government requires continuous accessibility for networking hardware to maintain a high level of network reliability, for

Sun/Oracle Support Services.

2.0 SCOPE OF WORK

2.1 The Contractor shall provide all tools, supplies, labor, equipment, and management to provide network hardware maintenance for existing Sun equipment. The Contractor shall perform Sun/Oracle branded network service with Sun/Oracle services. The Government must be able to call contractor directly for problem resolution.

2.2 The Contractor shall replace malfunctioning equipment and ensure that systems are operational as soon as possible. Government personnel will place service calls to the service provider and coordinate technical issues and parts returned. The Contractor shall furnish replacement parts covered under the network service and deliver service identified in PWS paragraph 4.0, Equipment List. NARA will destroy hardware that possibly contains Personally

Identifiable Information (PIl) data and will not return hardware that possibly contains PII as part of the hardware return or replacement process.

2.3 The Contractor shall install networking equipment and provide firmware upgrades and technical support in order for the Government to keep all equipment operational. The replacement parts furnished under this requirement must be Sun/Oracle Microsystems parts.

Current Sun/Oracle firmware upgrades shall be provided as part of the replacement cost structure and shall consist of the following:

2.3.1 Unlimited Software Upgrades and Updates;

2.3.2 Advanced Sun/Oracle Connection Online (CCO) Access. The Government shall have access to the Sun/Oracle technical bulletin boards and WWW sites when Sun/Oracle has a standard commercial offering to provide such services;

2.3.3 Direct Sun/Oracle Technical Assistance Center (TAC). The COR shall have access to the Sun/Oracle Technical Support hotline when such service is provided by the Contractor as a standard commercial offering.

3.0 REQUIREMENTS

3.1 Placing Service Calls. The COR will place service calls for technical assistance and parts replacement.

3.2 Return of Defective Parts. Within ten days of receipt of a defective replacement part, the Government will return the defective part to Sun/Oracle or other location/service provider as directed by the Contractor, provided the part does not possibly contain PII and is not part of the keep your hard disk service. The Contractor will be responsible for all shipping costs associated with receiving new parts and the return of any defective parts. If parts that are supposed to be returned, i.e. those that do not contain PIl, are not returned within this time frame, the Contractor shall report the problem to the COR for resolution. The cost of the part shall not be billed against the order.

3.3 Call-in Support. The principal period for accepting government calls shall be seven days a week, twenty-four hours a day for all service products.

3.4 Covered Equipment. The covered equipment will be listed by serial number in paragraph 4.0, Equipment List. The price shall include coverage of the firmware and upgrades.

All current and future equipment will be in operational condition. Sun/Oracle firmware upgrades shall be available via the Sun/Oracle website or shipped next business day via CDs.

3.5 Advance Replacement Parts. Repair for the equipment shall be delivered by the next business day. These parts are referred to as "advance" because they are shipped before the

Defective part is returned to Sun/Oracle, if it is to be returned.

3.6 Data Protection Service. NARA will not return hardware that possibly contains PII data and will handle the destruction of this hardware internally.

4.0 EQUIPMENT LIST

Machine Type Serial Number

SUN Fire X4170 1139FMF00L

SUN Fire X4170 1134FMM1EU

SUN Fire X4170 1135FMM017

SUN Fire X4170 1134FMM1ET

SUN Fire X4170 1134FMM1EW

Sun-Fire-T5120 BDL1139033

SUN Fire M4000 BDF1135A97

SUN Fire M4000 BDF1135A99

SUN Fire M4000 BDF1135A98

Sun-Fire-T5120 BDL1138050

Sun-Fire-T5120 BDL1135035

Sun-Fire-T5120 BDL1139047

Sun-Fire-T5120 BDL113902D

Sun-Fire-T5120 BDL113902E

Sun-Fire-T5120 BDL1135030

Sun-Fire-T5120 BDL1135034

SUN Fire T5140 BDL1135060

SUN Fire T5140 BDL1135061

Sun-Fire-T5120 BDL1139034

Sun-Fire-T5120 BDL1139046

Sun-Fire-T5120 BDL1139048

Sun-Fire-T5120 BDL1139031

Sun-Fire-T5120 BDL1139032

Sun-Fire-T5120 BEL0830Y5K

Sun-Fire-T5120 BEL0831Y88

SUN Fire M4000 BEF08255AB

Sun-Fire-T5120 BDL114405E

Sun-Fire-T5120 BDL0939AEA

Sun-Fire-T5120 BDL104001E

Sun-Fire-T5120 BDL0939AEC

Sun-Fire-V490 0631AM0616

Sun-Fire-T5120 BEL0830XXM

Sun-Fire-T5120 BEL08367A0

ATTACHMENT 3

PURCHASE ORDER ADMINISTRATION

I. GOVERNMENT PURCHASE ORDER ADMINISTRATION

A. This purchase order will be administered by:

National Archives and Records Administration

Office of the Chief Acquisition Officer

8601 Adelphi Road, Room 3340

College Park, MD 20740-6001

B. Contract Specialist (CS):

See award document.

C. Contracting Officer (CO):

Any Z Warranted CO

The Contracting Officer (CO) has the overall responsibility for the administration of this purchase order. Written communication to the Contract Specialist (CS) must make reference to the purchase order number and must be emailed or mailed with postage prepaid, to the above address.

The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the purchase order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from purchase order payments for non-performance or unsatisfactory performance; terminate the purchase order for convenience or default; and issue final decisions regarding purchase order questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

II. DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)

a. COR: See award document.

b. The individual named above is designated as the Contracting Officer's Representative (COR) to assist the Contracting Officer (CO) in the discharge of the CO's responsibilities. The COR is responsible for monitoring, giving progress reports to the Contract Specialist (CS), and overall technical surveillance of services to be performed under this purchase order and should be contacted regarding questions or problems of a technical nature. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the purchase order between the Contractor and any person other than the CO be effective or binding upon the Government.

c. When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the purchase order, the Contractor must promptly notify the CO in writing.

d. No action will be taken by the Contractor under such technical instruction unless the CO has issued a contractual change.

e. The responsibilities of the COR include, but are not limited to, the following:

(1) Serve as the point of contact through which the Contractor can relay questions or problems of a technical nature to the CS and the CO;

(2) Be responsible for the inspection and acceptance of the services performed and determining the adequacy of performance by the Contractor in accordance with the terms and conditions of this purchase order;

(c) Confer with representatives of the Contractor regarding any non-performance or unsatisfactory performance; follow through to assure that all non-performance or unsatisfactory performance is performed/corrected or payment adjustment is recommended to the CS/CO;

(3) Review and certify invoices in accordance with invoicing instructions of the purchase order.

Maintain a file with copies of these documents;

(4) Review and evaluate Contractor's deliverables;

(5) Advise the CS of any performance problems and make recommendations for corrective action to correct performance issues;

(6) Furnish the CS with any requests for change, deviation, or waiver (whether generated by

Government personnel or Contractor personnel), including all supporting paperwork in connection with such change, deviation, or waiver;

(7) Submit a written evaluation to the CS/CO within 60 days of purchase order completion or annually on the anniversary date for purchase orders that include options. The evaluation should include:

(i) The quality and timeliness of the Contractor's performance; and

(ii) A statement as to the uses made of any deliverables furnished by the Contractor.

III. INVOICE SUBMISSION INSTRUCTIONS

(a) The preferred method for invoicing is through the Invoice Processing Platform (IPP), which is a secure web-based electronic invoicing and payment information system. This service is provided by the U.S. Treasury’s Bureau of the Fiscal Service free of charge to federal agencies and contractors. IPP allows contractors to view information regarding their contracts and orders, electronically submit invoices and view payment information.

(b) The IPP website address is https://www.ipp.gov. Contractors can obtain enrollment assistance by contacting the Fiscal Service Accounts Payable Help Desk via e-mail at

AccountsPayable@fiscal.treasury.gov or by phone at 304-480-8000, Option 7.

(c) Contractors that are not able to utilize the IPP system for submitting payment requests may submit invoices electronically by email to AccountsPayable@fiscal.treasury.gov. Microsoft

Excel, Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats.

(d) Invoices for services shall be submitted monthly unless otherwise stated elsewhere in the contract.

(e) For invoice and payment questions call the Fiscal Service AP Help Desk at 304-480-8000, Option 7.

IV. FINAL PAYMENT

Before final NARA payment is made, the Contractor must furnish to the CO a written release of all claims against the Government arising by virtue of the purchase order, other than claims in stated amounts as may be specifically excluded by the Contractor from the operation of the release. If the Contractor’s claim to amounts payable under the purchase order has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. § 203, 41 U.S.C. § 15), a release may also be requested of the assignee. To ensure that all necessary adjustments for non-performance or unsatisfactory performance have been made and a release of claims has been submitted before the purchase is closed out, the final NARA payment will be made in thirty (30) calendar days after receipt of a proper invoice, date of completion of performance, or receipt of release of claims by the CO, whichever is later.

ATTACHMENT 4

ADDITIONAL NARA TERMS AND CONDITIONS

(Addenda to FAR Clause 52.212-4)

I. SECURITY OF INFORMATION AND PROTECTION OF CONTROLLED

UNCLASSIFIED INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE

INFORMATION (APRIL 2017)

(a) Applicability

This clause applies to all controlled unclassified information, which may include personally identifiable information, as defined in Section B, regardless of the medium in which it is found and includes paper records.

(b) Definitions. As used in this clause:

“Breach” means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to personally identifiable information, in usable form whether physical or electronic.

“Controlled Unclassified Information” means information the Government creates or possesses, or that an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Government-wide policy requires or permits an agency to handle using safeguarding or dissemination controls. However, CUI does not include classified information or information a non-executive branch entity possesses and maintains in its own systems that did not come from, or was not created or possessed by or for, an executive branch agency or an entity acting for an agency. Law, regulation, or Government-wide policy may require or permit safeguarding or dissemination controls in three ways: Requiring or permitting agencies to control or protect the information but providing no specific controls, which makes the information CUI Basic;

requiring or permitting agencies to control or protect the information and providing specific controls for doing so, which makes the information CUI Specified; or requiring or permitting agencies to control the information and specifying only some of those controls, which makes the information CUI Specified, but with CUI Basic controls where the authority does not specify.

“Personally identifiable information (PII)” means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States. Examples of PII include the following:

(1) Name.

(2) Date of birth.

(3) Mailing address.

(4) Telephone number.

(5) Social Security Number.

(6) Email address.

(7) Zip code.

(8) Account numbers.

(9) Certificate/license numbers.

(10) Vehicle identifiers including license plates.

(11) Uniform resource locators (URLs).

(12) Internet protocol addresses.

(13) Biometric identifiers (e.g., fingerprints).

(14) Photographic facial images.

(15) Any other unique identifying number or characteristic.

(16) Any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive personally identifiable information (sensitive PII)” means a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual.

(1) Complete social security numbers, alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered sensitive PII even if they are not coupled with additional PII.

(2) Additional examples include any grouping of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

(i) Driver’s license number, passport number, or truncated social security number (such as last 4 digits);

(ii) Date of birth (month, day, and year);

(iii) Citizenship or immigration status;

(iv) Financial information such as account numbers or electronic funds transfer information;

(v) Medical information; and/or

(vi) System authentication information such as mother’s maiden name, account passwords or personal identification numbers.

(3) Other PII may be “sensitive” depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but it is not sensitive.

(c) Data Security.

(1) The Contractor shall limit access to the data covered by this clause to those employees and subcontractors who require the information in order to perform their official duties under this contract.

(2) The Contractor employees, and subcontractors must physically or electronically secure CUI, which may include sensitive PII, when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss.

(3) When CUI is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed in accordance with NIST 800-88 standards.

(4) The Contractor shall only use CUI obtained under this contract for purposes of the

Contractor; it shall not be disclosed, released, disseminated, or published without the prior written consent of the Contracting Officer.

(5) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, The Contractor shall follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(6) At expiration or termination of this contract, the Contractor shall turn over all CUI obtained under the Contractor that is in its possession.

(d) Systems Access. Work to be performed under this contract may require the handling of CUI, including PII. The Contractor shall provide the Government access to, and information regarding those systems handling CUI, including sensitive PII for the Government under the

Contractor, when requested by the Government, as part of the Contractor’s responsibility to ensure compliance with security requirements, and shall otherwise cooperate with the

Government in assuring compliance with such requirements. Government access shall include independent testing of controls, system penetration testing by the Government, Federal

Information Security Management Act data reviews, and access by agency Inspectors General

(IG) for IG reviews.

When requested by the NARA CO or COR or other NARA official as described herein, in connection with NARA’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of NARA Information, Contractor shall provide NARA, including the NARA OIG,

(1) access to any and all information and records, including electronic information, regarding a

Covered Information System, and (2) physical access to Contractor's facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, system penetration testing, and FISMA data reviews by NARA or agents acting on behalf of NARA, and such access shall be provided within 72 hours of the request. Additionally, the Contractor shall cooperate with NARA’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of NARA information.

(e) Systems Security.

(1) In performing its duties related to management, operation, and/or access of systems containing PII under this contract, the Contractor, its employees and subcontractors shall comply with all applicable security requirements and rules of conduct applicable to the agency’s systems as described in:

a) NARA Directive 1608 http://www.archives.gov/foia/directives/nara1608.pdf and

b) FedRAMP baseline controls for moderate IT systems.

(2) In addition, the use of Contractor-Owned laptops or other portable storage devices to process or store sensitive PII is prohibited under this contract until the Contractor provides, and the

Contracting Officer, in coordination with the Senior Agency Official for Privacy (SAOP) or the

SAOP’s designee, approves the Contractor’s written acknowledgment that the following requirements are met:

(i) Laptops and other portable storage devices must employ encryption that is NIST Federal

Information Processing Standard (FIPS) 140-2 validated (or its successor) http://csrc.nist.gov/publications/PubsFIPS.html, and approved.

(ii) The Contractor has developed and implemented a process to ensure that security and other applications software are kept current.

(iii) Mobile computing devices utilize anti-virus software and a host-based firewall mechanism.

(iv) Removable media, such as hard drives, flash drives, devices with flash memory, CDs and floppy disks containing CUI, which may include sensitive PII shall not be removed from a

Government facility unless they are encrypted using a NIST FIPS 140-2 or successor approved product.

(v) When no longer needed, all removable media, hard drives, and flash memory shall be destroyed in accordance with Government security requirements identified in NARA’s Media

Protection Methodology.

(vi) The Contractor shall maintain an accurate inventory of devices used in the performance of this contract.

(3) All NARA information obtained under this contract shall be removed from Contractor-

Owned information technology assets at the direction of the Contracting Officer or Contracting

Officer’s Representative. Removal must be accomplished in accordance with standard

FedRAMP controls for media protection in moderate IT systems and NIST 800-88 standards.

Certification of data removal will be performed by the Contractor’s Project Manager and written notification confirming acknowledgment will be delivered to the Contracting Officer within 30 days of the direction to remove the information.

(4) Back up or mirrors of any systems or files containing CUI shall be treated in the same manner as the original data containing CUI, with the same protections and obligations.

http://www.archives.gov/foia/directives/nara1608.pdf http://www.archives.gov/foia/directives/nara1608.pdf http://csrc.nist.gov/publications/PubsFIPS.html http://csrc.nist.gov/publications/PubsFIPS.html

(5) The Contractor shall require FIPS 140-2 (or successor) encryption of any sensitive PII when transmitted electronically across the Internet or other public works.

(f) Breach Notification to Government.

(1) The Contractor has been provided with: NARA Directive 1608, and is aware of its roles, responsibilities, and relationship with the Government in case of data breach.

(2) In the event of any actual or suspected breach of sensitive PII, the Contractor shall immediately, and in no event later than one hour of discovery, report the breach to the

Contracting Officer, the COR, the Senior Agency Official for Privacy (currently NARA’s

General Counsel garymstern@nara.gov) and the Chief Information Officer (only for IT requirements) in accordance with NARA Directive 1608.

(3) The Contractor is responsible for positively verifying that notification is received and acknowledged by appropriate Government parties identified in subparagraph (2) above.

(4) In the event of a confirmed, potential or suspected Security Breach, involving unauthorized exposure, loss of control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any NARA Information accessed by, retrievable from, processed by stored on, or transmitted within, to or from any such system, Contractor shall immediately (and in no event later than within 1 hour of discovery) report any

Confirmed Breach to the NARA CO and the CO's Representative (''COR").

(5) NARA, at its sole discretion, may obtain, and Contractor will permit, the assistance of other federal agencies and/or third party contractors or firms to aid in response activities related to any security incident, PII or Security Breach. Additionally. NARA, at its sole discretion, may require

Contractor to retain, at the Contractor's expense, a Third Party Assessing Organization (3PAO) acceptable to NARA, with expertise in incident response, compromise assessment, and federal security control requirements, to conduct a thorough vulnerability and security assessment of all affected Information Systems.

(6) Any report submitted in accordance with paragraphs (1), (2) and (3) above, shall identify (I) both the Information Systems and NARA Information involved or at risk, including the type, amount, and level of sensitivity of the NARA Information and, if the NARA Information contains PII, the estimated number of unique instances of Pll, (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the USCERT Federal Incident Notification Guidelines, including the functional impact, information impact, impact to recoverability, threat vector, mitigation details, and all available incident details; and (4) any other information specifically requested by the NARA. Contractor shall continue to provide written updates to the NARA CO regarding the status of the Security incident at least every three (3) calendar days until informed otherwise by the NARA CO.

(7) Response activities related to any security incident or PII or Security Breach undertaken by

NARA, including activities undertaken by Contractor, other federal agencies, and any third-party contractors or firms at the request or direction of NARA, may include inspections, investigations, forensic reviews, data analyses and processing, and final determinations of responsibility for the

Security Incident and/or liability for any additional response activities. Contractor shall be responsible for all costs and related resource a locations required for all such response activities related to any Security Incident or Breach, including the cost of any penetration testing.

(g) Personally Identifiable Information Notification Requirement

Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose Personally Identifiable Information ("Pll") was, or is reasonably determined by NARA to have been, compromised. Any notification shall be coordinated with the

NARA CO and shall not proceed until NARA has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by Contractor shall be coordinated with, and subject to the approval of NARA. Contractor shall be responsible for taking corrective action consistent with NARA

Data Breach Notification Procedures and as directed by the NARA CO, including all costs and expenses associated already covered by above clauses added in PII clause with such corrective action, which may include providing credit monitoring to any individuals whose Pll was actually or potentially compromised.

All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Security Incident, Breach, or PII Breach will be made by NARA senior officials at NARA’s discretion.

(h) Flowdown of security requirements to subcontractors.

(1) The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph (g), in all subcontracts under this contract, and require written subcontractor acknowledgement of same.

(2) Violation by a subcontractor of any provision set forth in this clause will be attributed to the

Contractor.

II. CONFIDENTIALITY OF INFORMATION

(a) Confidential information is any information that, if subject to unauthorized access, modification, loss, or misuse could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals, but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. Confidential information also includes proprietary data and information for which other restrictions on access apply.

(b) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential.

Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the “Disputes” clause.

(c) While in the course of performance of this contract, the Contractor may have access to confidential information and communications, including but not limited to Personally

Identifiable Information (PII). Confidential information may be contained in printed material or on electronic media. The Contractor will preserve the confidentiality of all such information and communications and agrees not to disclose, release, disseminate, or publish any such information or communications for any purposes whatsoever without the prior approval of the Contracting

Officer. Failure to comply with the provisions of this paragraph will be grounds for Termination for Cause and the Contractor may be liable for damages. This provision shall survive the expiration or termination of the period of performance of this contract.

(d) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) During the course of the performance of this contract, the Contractor may have access to and use of data and information which may be considered proprietary by other contractors, or which may otherwise be of such a nature that its dissemination or use, other than in performance of this contract, would be adverse to the interest of NARA and these other contractors.

(f) Except as may be otherwise agreed to with these other contractors, the Contractor agrees that it will not use, disclose or reproduce proprietary data and information belonging to these other contractors other than as required in the performance of this order; provided, however, that nothing herein shall be construed as: (1) precluding the use of any such data or information independently acquired by the Contractor without such limitation; or (2) prohibiting an agreement at no cost to NARA between the Contractor and these contractors which provides for greater rights to the Contractor.

(g) When considering a request to disclose, release, disseminate, or publish confidential information, the Contracting Officer will consult with appropriate program and legal officials.

(h) At the discretion of the Contracting Officer, the Contractor’s employees may be required to sign a non-disclosure agreement prior to performing any work under this contract.

III. CONFLICTS OF INTEREST

(a) If during the course of quoting on or performing this performance work statement, the

Contractor hires employees, consultants or subcontractors that are concurrently performing other work for NARA, they must notify the Contracting Officer.

(b) The Contractor represents that it has disclosed to the Contracting Officer, prior to award, all facts relevant to the existence or potential existence of organizational conflict of interest as that term is used in FAR Subpart 9.5. The Contractor represents that if it discovers an organizational conflict of interest or potential conflict of interest after award, a prompt and full disclosure must be made in writing to the Contracting Officer. This disclosure must include a description of the action the Contractor has taken or proposes to take in order to avoid or mitigate such conflicts.

(c) The Contractor's employees assigned to work on this performance work statement have an affirmative obligation to disclose to the Contracting Officer any personal or business relationship with Government personnel, or financial interests, which could present the appearance of an existing or potential conflict of interest.

IV. RECORDS MANAGEMENT OBLIGATIONS (JUN 2017)

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle

Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes NARA records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their

NARA contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA)

(5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. NARA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of NARA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the

Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to

NARA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from

Government facilities or systems, or facilities or systems operated or maintained on the

Government’s behalf, without the express written permission of the Head of the Contracting

Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to NARA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with

Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and

NARA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with NARA policy.

8. The Contractor shall not create or maintain any records containing any non-public

NARA information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The NARA owns the rights to all data and records produced as part of this contract.

All deliverables under the contract are the property of the U.S. Government for which NARA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take NARA-provided records management training.

The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

D. Flowdown of requirements to subcontractors

1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

V. STOP WORK CANCELLATION (APRIL 2014)

The Contractor is required to report to work and resume full contract performance within 24 hours of receiving notification of the stop work cancellation unless otherwise instructed by the

CO and/or COR.

ATTACHMENT 5

FAR CLAUSES

I. FAR 52.212-4 – Contract Terms and Conditions – Commercial Items (Oct 2018)

II. FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or

Executive Orders -- Commercial Items (Aug 2019)

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

Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the

Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment. (AUG 2019) (Section 89(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, 108-78 (19 U.S.C. 3805 note)).

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

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the

American Recovery and Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct

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. 6101 note).

___ (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 (Nov 2011) (15

U.S.C. 657a).

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

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

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

___ (13) [Reserved]

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

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

_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 (Aug 2018) (15 U.S.C. 637 (d)(4)).

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

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

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

___ (v) Alternate IV (Aug 2018) of 52.219-9.

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

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

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov

2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small

Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15

U.S.C. 637(m)).

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

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

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

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

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

_X_ (29) (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_ (30) (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_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (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. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of…