89603018Q0085.docx

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0000039214 See SCHEDULE

89603018Q0085 07-17-2018 Hye Park 202-502-8128 08-07-2018

11:00 AM

00039 Federal Energy Regulatory Commission Procurement Division Attn: Hye Park 888 First Street, NE, Room 4J Washington DC 20426

X

N/A

00039 Federal Energy Regulatory Commission Warehouse P-1 Attn: Jean Marshall 888 First Street, NE, Warehouse P-1 Washington DC 20426 00039 Federal Energy Regulatory Commission Procurement Division Attn: Hye Park 888 First Street, NE, Room 4J

00039

Division of Financial Services Attn: Payment/Invoice 888 First Street, NE, Room 42-71

See CONTINUATION Page

The purpose of this RFQ is to purchase Audit Management Software and related services.

See CONTINUATION Page

Ryan Kirkwood

Table of Contents

A.2 PRICE/COST SCHEDULE

ITEM INFORMATION

See Attachment B Bid Model Contract Period: Base POP Begin: 09-19-2018 POP End: 09-18-2019

See Attachment B Bid Model Contract Period: Base POP Begin: 09-19-2018 POP End: 09-18-2019

See Attachment B Bid Model Contract Period: Base POP Begin: 09-19-2018 POP End: 09-18-2019

See Attachment B Bid Model Contract Period: Base POP Begin: 09-19-2018 POP End: 09-18-2019

Maintenance/ Order Year 2 Contract Period: Option 1 POP Begin: 09-19-2019 POP End: 09-18-2020

Maintenance/ Order Year 3 See Attachment B Bid Model Contract Period: Option 2 POP Begin: 09-19-2020 POP End: 09-18-2021

Maintenance/ Order Year 4 See Attachment B Bid Model Contract Period: Option 3 POP Begin: 09-19-2021 POP End: 09-18-2022

Maintenance/ Order Year 5 See Attachment B Bid Model Contract Period: Option 4 POP Begin: 09-19-2022 POP End: 09-18-2023

CONTINUATION PAGE

ADDITIONAL PROVISIONS/TERMS AND CONDITIONS

ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFEROR’S--COMMERCIAL ITEMS.

52.212-1 Instructions to Offeror’s – Commercial Items is incorporated into the solicitation by reference. FAR 52.212-1 is tailored as follows:

FAR 52.212-1, Section (b) is deleted in its entirety and replaced with the following:

INSTRUCTIONS TO OFFERORS

FORMATTING

Page size 8.5 by 11 inches with 1 inch margins. Paragraphs single spaced. Minimum font size/style 10 point Times New Roman font for Text, 9 point font in the Arial family for Tables, and 8 point font in the Arial family for Graphics. Tables and graphics may be landscape; all other text must be portrait.

If the Offeror uses a different format (font size, margin, etc.), the Government reserves the right to adjust the proposal to fit the parameters of the format as stated in the RFP, and if this results in the proposal exceeding the page limitations in any one area, the Government will not consider those excess pages.

The below table shows the page limits to which Offerors’ submissions must adhere. Volume

Section 2:

VOLUME 1: OFFEROR PROPOSAL

All of the objectives, goals, and requirements specified in this solicitation and Statement of Work (SOW) are mandatory. Therefore, Offerors shall document any and all assumptions and/or conditions that apply to their Technical proposal. For each assumption and/or condition, the Offeror shall clearly state the assumption/condition, identify the requirement, and cite the applicable solicitation paragraph and page number.

If the Offeror does not make any assumptions and/or conditions, the Offeror must so state. If the Offeror does not document any assumptions and/or conditions, the Offeror agrees to comply with all of the requirements, terms, and/or conditions of this solicitation. Excessive assumptions and/or conditions may negatively impact technical ratings by increasing performance risks.

Transmittal, Cover Letter, and Assumptions The Offeror’s transmittal and cover letter for the proposal must contain the name, phone number, and e-mail address of the person to be contacted concerning any matter related to the solicitation. In this introduction, also include a statement of Corporate Core Capabilities.

Include the following information in your proposal

1) DUNS number and TIN;

2) Company Name mailing address, and website address;

3) Date submitted and proposal expiration date;

4) All of the above-cited information for each entity on the proposed team, if a team is proposed;

5) ype of Company (i.e., small business, 8(a), woman owned, veteran owned, etc.) as validated via the System for Award Management (SAM). All Offerors must register in SAM located at http://www.sam.gov/;

6) Company Point of Contact, Phone and Email address Include a statement of assumptions and or conditions here, or a statement that no assumptions and/or conditions are made.

Executive Summary (Volume 1, Section 1) The Offeror should provide an executive summary for the technical proposal. In the executive summary, the Offeror should highlight the significant factors of its technical proposal. The executive summary for the technical approach should be no more than two (2) pages long.

Technical Proposal (Volume 1, Section 2) Offerors shall provide a Technical Proposal that addresses the following two areas, and Offerors proposal structure / presentation shall follow this outline as well:

Offerors shall propose approaches in meeting SOW requirements and deliverables specifically following the SOW outline within each subsection as further delineated below.

2A. Technical Approach

1) Offeror shall provide plans and approach to meeting all technical requirements specified in the SOW and Appendix A. Specifically the following components should be addressed:

· Architectural Standards

· Compliance

· Performance

· Sustainment/Support

· System Access and Security

· System Auditing

2) Offeror's solution must comply with federal laws and regulations guiding facets of the SOW.

2B. Functional Approach

1) Offeror shall provide plans and approach to meeting all functions and services specified in the SOW and Appendix A. Specifically the following components should be addressed:

· Audit Process

· Audit Process Workflow

· Electronic Working Paper

· Document Collection

· Document Management

· Mobile Access

· Reporting

· Records Management

· Usability

2) The quality and depth of experience of the organization and its key personnel in working on similar projects.

3) The ability to demonstrate how the three criteria below are achieved through marketing materials, manuals, online demo, YouTube, etc.:

a. Software – demonstrate how each of the key requirements will be met and how the Division of Audits and Accounting will be able to configure the COTS and achieve mission objectives.

b. Configuration and Implementation – demonstrate how the configurable COTS will achieve and showcase a seamless set-up and implementation process.

c. Ongoing Support and User Community – demonstrate how the COTS are used within the Federal Government space through number of users, training, support hotline and ability to influence future system enhancements.

VOLUME 2: PRICE PROPOSAL

The Offeror’s Price Proposal shall be a separate volume from the Technical Proposal. Pricing shall include all anticipated costs to fully perform all objectives as stated in the solicitation.

Additionally:

1) Offerors shall utilize the “Pricing Model Template” that has been attached for in preparing and submitting the pricing volume.

89603018Q0085

a. The pricing proposed should reflect a clear understanding of work to be performed and should indicate the capability of the proposed compensation structure to obtain and keep suitably qualified personnel to meet mission objectives.

VALUATION CRITERIA

EVALUATION – TECHNICAL PROPOSAL (Volume 1) Proposals will be reviewed and evaluated in accordance with the evaluation criteria identified below.

Non-Price Evaluation Factors / Subfactors:

A. Technical Approach

1. Evidence of specific methods and techniques for providing all services and meeting all deliverables required in the SOW and Appendix A.

i. Each requirement in Appendix A is assigned a code as:

Mandatory Highly Desirable The offeror’s proposed COTS application must meet all mandatory requirements specified in the Appendix A of this document. The offeror’s ability to meet the mandatory requirements shall be considered either pass or fail. An offeror that submits a proposal that is determined to fail any of the mandatory requirements shall be ineligible for contract award.

2. Demonstrated understanding of the work necessary to install and configure the audit management software.

3. Creativity and feasibility of methods of integration of the audit management software with the existing IT infrastructure.

4. Ability to address anticipated potential problem areas.

B. Functional Approach

1. Evidence that the organization has current capabilities to ensure performance of functions and services specified in the SOW and Appendix A.

i. Each requirement in Appendix A is assigned a code as:

Mandatory Highly Desirable The offeror’s proposed COTS application must meet all mandatory requirements specified in the Appendix A of this document. The offeror’s ability to meet the mandatory requirements shall be considered either pass or fail. An offeror that submits a proposal that is determined to fail any of the mandatory requirements shall be ineligible for contract award.

2. The quality and depth of experience of the organization and its key personnel in working on similar projects.

3. The ability to demonstrate how the three criteria below are achieved through marketing materials, manuals, online demo, YouTube, etc.:

i. Software – demonstrate how each of the key requirements will be met and how the Division of Audits and Accounting will be able to configure the COTS and achieve mission objectives.

ii. Configuration and Implementation – demonstrate how the configurable COTS will achieve and showcase a seamless set-up and implementation process.

iii. Ongoing Support and User Community – demonstrate how the COTS are used within the Federal Government space through number of users, training, support hotline and ability to influence future system enhancements.

Where:

A. Technical Approach B. Functional Approach

· Factor B is more importance than A,

· All subfactors listed under each factor are of equal importance to each other, and

· All non-price Factors when combined are significantly more important than Price EVALUATION - PRICE PROPOSAL (Volume 2)

Price

Technical Factors are more important than price. Selection of the firm to perform this contract will be based on the Government’s assessment of the best overall value.

Offerors will be evaluated based upon cost/price completeness and accuracy to determine the validity of the price, cost/price realism, cost/price risk, and cost/price reasonableness. Total ceiling price to accomplish the requirement and all of its options will be utilized as a basis for evaluating price. The factors below will be used to assess whether the Offerors' proposal is complete, accurate, and realistic to minimize cost or performance risk.

Price Completeness and Accuracy: The Government will review the price for completeness and accuracy. A determination will be made as to whether the Offeror has properly understood the price proposal instructions and properly completed the “Pricing Model Template” Attachment D. Changes to the evaluation quantities, blanks or zeros in the pricing columns, and/or mathematical mistakes are subject to clarification for confirmation of the Offeror’s intent. The Offeror's proposal will be checked for mathematical correctness to include the following:

1. Checking arithmetic in all computations.

2. Making sure that all prices are summarized correctly.

Price realism determination will be made regarding whether the price appears unbalanced, either for the total cost/price of the proposal or separately priced line items. An analysis will be made by item, quantity, and year to identify any irregular or unusual pricing patterns. An unbalanced proposal is one that incorporates prices that are less than cost for some items and/or prices that are overstated for other items.

Price Risk: Risk refers to any aspect of the Offerors’ proposals that could have significant negative cost consequences for the Government. Proposals will be assessed to identify potential risks. Where price risk is assessed, it may be described in quantitative terms or used as a best-value discriminator.

Price Reasonableness: Proposed pricing will be compared with market place pricing, other proposals, and the Independent Government Estimate (IGCE).

CONTRACT AWARD

Contract award shall be made to the responsible Offeror whose offer, in conforming to this RFP, provides an overall best value to the Government, technical evaluation factors, and cost considered. The Government's objective is to obtain the highest technical quality considered necessary to achieve the project objectives, with a reasonable price. Non-price evaluation factors are more important than price. In the event proposals are evaluated as technically equal, price will become a major consideration in selecting the successful Offeror. Best value analysis permits tradeoffs between price and the other non-price evaluation factors. Proposals exceeding the minimum requirements usually provide added value to the Government. The Government will determine whether any added value at the associated price provides the best overall benefit to the Government.

ADDENDUM to FAR 52.212-4 Contract Terms and Conditions—Commercial Items Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

(End of Addendum to 52.212-4)

A.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

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

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

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

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

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

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

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

[X] (4) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (5) [Reserved] [] (6) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

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

[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 (Jul 2013) (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 Set-Aside (NOV 2011) (15 U.S.C. 644).

[] (ii) Alternate I (NOV 2011).

[] (iii) Alternate II (NOV 2011).

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

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

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

[] (16) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)).

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

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (NOV 2016) of 52.219-9.

[] (v) Alternate IV (NOV 2016) of 52.219-9.

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

[] (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

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

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

[X] (22) 52.219-28, Post Award Small Business Program 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).

[] (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) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

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

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

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

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

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

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

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

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

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

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

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

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

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

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[] (45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (46) 52.225-1, Buy American—Supplies (MAY 2014) (41 U.S.C. chapter 83).

[] (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[] (ii) Alternate I (MAY 2014) of 52.225-3.

[] (iii) Alternate II (MAY 2014) of 52.225-3.

[] (iv) Alternate III (MAY 2014) of 52.225-3.

[] (48) 52.225–5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

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

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

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

[] (54) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

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

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

[] (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

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

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

[] (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

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

[] (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).

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

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

[] (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

[] (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

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

[] (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

[] (11) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

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

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

(iii) 52.219-8, Utilization of Small Business Concerns (NOV 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

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

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

(xii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

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

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

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

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

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

A.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

A.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

A.6 LEGAL HOLIDAYS AND CLOSURE OF FERC FACILITIES--LOCAL PROVISION

(a) The Federal Energy Regulatory Commission observes the following days as holidays-- New Year's Day Martin Luther King's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Any other day designated by Federal law, Executive Order or Presidential Proclamation.

(b) When any holiday specified in (a) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed. Observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.

(c) FERC may close a FERC facility for all or a portion of a business day as a result of--

(1) Granting administrative leave to non-essential FERC employees (e.g., unanticipated holiday);

(2) Inclement weather;

(3) Failure of Congress to appropriate operational funds;

(4) Or any other reason.

(d) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility, shall not report to the facility. Non-essential personnel already present shall be dismissed and shall leave the facility.

(e) The contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which FERC non-essential employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative.

(f) When contractor personnel services are not required or provided due to closure of a FERC facility as described in this clause, the contractor shall be compensated as follows--

(1) For fixed price contracts, deductions in the contractor's price will be computed as follows--

(A) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.

(B) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided. If services are provided for portions of days, appropriate adjustment will be made by the Contracting Officer to ensure that the contractor is compensated for services provided.

(2) For cost-reimbursement, time-and-materials and labor-hour type contracts, FERC shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.

A.7 IT SYSTEMS & SERVICE CONTRACTS-- SECURITY REQUIREMENTS-- LOCAL PROVISION

Quality Control All software products purchased from or developed for FERC by a vendor or Contractor shall be certified by the provider to be free of malicious code. The provider will be held responsible for any damage or loss of business as a direct result of malware or malicious code embedded within software licensed to or developed for FERC.

Public

Public

PHYSICAL DELIVERY

Any physical deliveries to FERC HQ required to perform under this contract shall be sent to:

Federal Energy Regulatory Commission Warehouse ATTN: Jean Marshall 888 First Street NE Washington DC 20426

Shipping documentation must reference contract number stated on page 1 of contract award.

If applicable, physical deliveries required to FERC Regional Offices shall be shipped to the addresses identified in the CLIN structure above.

DELIVERY OF SOFTWARE LICENSES

Information related to software licenses are received by FERC through a central location. Software licenses keys and any other information related to the software licenses shall be sent via email to softwarelicensing@ferc.gov with a Courtesy Copy (CC) to the COR identified in the contract. Additionally, software license renewals available only via downloads require the contractor to electronically submit instructions for obtaining the renewal to the email address provided above.

A.8 CONTRACTING OFFICER REPRESENTATIVE (COR) APPOINTMENT--LOCAL PROVISION

TBD has been appointed as the Contracting Officer’s Representative (COR) for this Contract with responsibility for technical oversight, contract administration and day-to-day inspection of the work. The appointment will be in effect until final completion of the project, or when terminated or superseded by the Contracting Officer. The COR will accomplish inspection and acceptance, including final delivery. Services shall conform to the requirements set forth in the contract.

TBD

888 First Street, NE Washington, DC 20426

A.9 INVOICING--LOCAL PROVISION

An original invoice(s) for work provided under this order shall be submitted at the begining of each year with proper documentation in accordance with the Prompt Payment Act, FAR 52.232-25 to:

INVOICE MAY BE SUBMITTED ELECTRONICALLY TO: DFS-Invoices@ferc.gov

In addition, please submit at least 1 copy of all invoices simultaneously to at the physical or e-mail address listed herein.

YOUR LAST INVOICE UNDER THE ORDER SHALL BE MARKED "FINAL."

See attached document: Attachment A Statement of Work_Audit Management Software.

See attached document: Appendix A Audit Management Software Detailed Requirements.

See attached document: Attachment B Bid Model.

See attached document: GPAT-Audit Software.

Controlled Unclassified Information

Controlled Unclassified Information