951700-19-R-0002_RFP_-_Mobile.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

951700-19-R-0002

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME See Text

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

CODE CON

United States Agency for Global Media Office Of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237

9. ISSUED BY X 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: $0

10. THE ACQUISITION IS

SEE

SCHEDULE

X

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

CONCODE15. DELIVER TO

United States Agency for Global Media Office for Internet Freedom (OIF) 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237

CODE CON16. ADMINISTERED BY

United States Agency for Global Media Office Of Contracts/Office for Internet Freedom 330 Independence Avenue SW Cohen Building, Room 4360

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY United States Agency for Global Media Office Of Contracts 330 Independence Avenue SW Cohen Building, Room 4360 Washington, DC 20237

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER X SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

No Line Information

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

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, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE 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 THE CONTRACTING OFFICER (TYPE OR PRINT) Jacob Acosta

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: 951700-19-R-0002 Page 1 of 42

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Document Number: 951700-19-R-0002 Page 2 of 42

PART I – THE SCHEDULE

A. Solicitation/Contract Form

See Standard Form

B. Supplies or Services and Price/Costs

B.1 The Solicitation & Contract

This is a FAR Part 13 solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a no other request for proposals will issued. This solicitation sets forth requirements for proposals for a contract to provide lease assessment/audit services as described in the attached Statement of Work (SOW). Proposals conforming to the solicitation requirements will be evaluated in accordance with the evaluation and award criteria set forth herein.

Neither the solicitation nor any part of an Offeror's proposal shall be part of the contract except to the extent expressly incorporated therein by the Contracting Officer.

The Offeror's proposal submitted in response to this solicitation shall constitute a firm offer. No contract shall be formed unless and until the Contracting Officer has countersigned the SF 1449 submitted by an Offeror, and delivered to the Contractor a copy of the SF 1449 with original signatures together with the contract reflecting the Offeror's proposed prices.

B.2 Period of Performance

The base period of performance for services are defined in the table below. If an option is exercised, the period of performance shall be extended through the end of that option period.

The option periods that may be exercised are as follows:

Period of Performance Period (BP/OP) Start Date End Date

Base TBD (Date of award) TBD; Date of Award + 1 year Option 1 TBD TBD; BP + 1 Year Option 2 TBD TBD; OP1 + 1 Year Option 3 TBD TBD; OP2 + 1 Year Option 4 TBD TBD; OP3 + 1 Year

The notice requirements for unilateral exercise of option periods are established in FAR 52.217- 9.

http://farsite.hill.af.mil/reghtml/Regs/far2afmcfars/fardfars/Far/12.htm#P298_49781

B.3 Contract Type

This is a Firm-Fixed-Price contract with an Other Direct Cost (ODC) Contract Line Item Number (CLIN) for applicable costs.

B.3.1 Firm-Fixed-Price CLIN

Period of Performance

Period (BP/OP) FFP Base TBD

Option 1 TBD Option 2 TBD Option 3 TBD Option 4 TBD

The Government anticipates a Contract Line Item Number (CLIN) for each period exercised and funded in accordance with the terms and conditions of the order and applicable clauses.

B.3.2 ODC CLIN

[RESERVED]

C. Description/Specification/Statement of Work

C.1 Background

The United States Agency for Global Media (USAGM) oversees the mission and operation of several overseas broadcasting entities of the United States Government (USG). The USAGM’s Office of Internet Freedom (OIF) supports the operations of several USG broadcasters, including the Voice of America (VOA), Radio Free Asia (RFA), Radio Free Europe / Radio Liberty (RFE/RL), Radio and TV Marti, and Middle East Broadcasting Networks, and is responsible for all contractual and fiscal matters pertaining to broadcast operations. The OIF seeks to ensure Internet users in target countries are able to access and securely share USG broadcasters’ online news and other programming, using a variety of tools to counter foreign government-sponsored Internet censorship controls.

This Statement of Work (SOW) defines those duties the Contractor shall perform to enable the OIF to meet its goals of providing uncensored Internet access using a network of servers as a tool to further its Internet anti-censorship efforts for USAGM broadcasters.

C.2 Technical Requirements

C.2.1 The Contractor shall implement a system (hereinafter referred to as “client software service”) to circumvent Internet censorship imposed by foreign governments and ISPs using software technology, which, at a minimum, transparently proxies HyperText Transfer Protocol (HTTP) traffic, and may implement transparent proxy services for additional protocol traffic, up to and including full Virtual Private Network (VPN) service. This system must allow Internet users in target countries (see C.2.14) to use a mobile application to circumvent the censorship of the Internet within their country by accessing a network of servers operated by the Contractor which are distributed globally and use a diverse set of dynamic IP addresses which cannot easily be enumerated and blocked.

C.2.2 OPTION: The Contractor shall provide a documented application programming interface (hereafter “API access”) to allow access to the client software service programmatically using client software written by parties other than the Contractor. The Contractor shall provide support for the API access as documented (per C.4.2) to allow client software written by parties other than the Contractor to access the client software service without additional work from Contractor.

C.2.3 USAGM’s preference is that the source code of the mobile application and server software be freely available to the general public for download from the web, and licensed under an open source software license (e.g. GNU General Public License, Apache License, or BSD License). This does not however preclude the Contractor from making closed source, proprietary modifications to support the requirements of this contract so long as the open source license used allows such proprietary modifications.

C.2.4 The client software service shall not require the user to login or set up an account to use the service.

C.2.5 The Contractor shall provide mobile application versions of its client software for the client software service for both the Android operating system which works on Android version 4 and later, as well as the iOS operating system which works on iOS version 9 and later. These applications must work without requiring administrator privileges on the mobile device, and shall not require any “rooting” or “jail breaking” of the mobile device.

Further, the Contactor must take steps to minimize any traces of the mobile application versions of the client software if it is uninstalled by the user.

C.2.6 The Contractor shall ensure that once the end user has started the mobile application, all data packets transmitted between the end user’s personal device and his/her intended destination computer servers using the default web browser shall be transmitted through the client software tunnel to the Contractor’s servers until the end user terminates the client software.

C.2.7 The Contractor shall ensure the mobile application for the client software service and server use secure encryption to protect the user’s Internet traffic so it cannot be intercepted and observed by foreign government censors between the end user’s mobile device and Contractor’s server. The Contractor shall ensure all security flaws in their software are corrected promptly to maintain secure connections for users.

C.2.8 The Contractor shall ensure the mobile application and server support and transparently tunnel all Hypertext Transfer Protocol (HTTP) and Secure Hypertext Transfer Protocol (HTTPS) traffic from the default browser. USAGM’s preference is for all IP traffic to be securely tunneled regardless of the higher level protocol used, including but not limited to, Simple Mail Transfer Protocol (SMTP), Real-Time Streaming Protocol (RTSP), and Multimedia Protocol (MMS), as well as applications including but not limited to, Skype, instant messaging, and Voice over IP (VOIP).

C.2.9 The client software service (including API access in exercised option 2.2) shall have service availability (up time) of 99.9% per year.

C.2.10 The client software service (including API access in exercised option 2.2) shall have the capability to support up to 250,000 simultaneous users across all services.

C.2.11 Mobile applications and server software must be ready for deployment on the day this contract is awarded. This does not apply to a reasonable time required for customization and set up, which shall be mutually agreed upon by the Contractor and the COR, which shall be no greater than 7 days from award.

C.2.12 The Contractor shall make its best effort to block sexually explicit, obscene, and illegal websites in accordance with the laws of the United States of America.

C.2.13 The Contractor shall ensure the client software service (including API access in exercised option 2.2) have the capability to avoid, resist, and recover from Internet blocking imposed by foreign governments and ISPs. The Contractor must ensure the client software service (including API access) is able to circumvent censorship restrictions in both China and Iran as well as other target countries.

C.2.14 In addition to American English, the user interface for the mobile applications shall be localized for users in the target countries of China and Iran. The Contractor shall localize the client software service for up to 4 additional languages to be determined by the COR during the term of the contract at no additional cost.

C.2.15 OPTION: If additional language translations and localizations are required in addition to the languages stated (including the 4 additional languages to be determined) in C.2.14, the Contracting Officer may award this option at the stated price below, and the Contractor shall translate and localize the mobile application user interface into one additional language as designated by the COR. This option may be awarded multiple times for multiple languages.

C.2.16 The Contractor shall provide separate customized versions of the client software for each of the following USAGM broadcasting services, localized in a language per C.2.14 (or in exercised option C.2.15), each of which loads a distinct default URL as provided by the COR: Voice of America (VOA) Chinese, VOA Persian News Network, VOA English, Radio Free Asia (RFA) Mandarin, RFA Cantonese. In addition, the Contractor shall extend this same support to up to 4 additional USAGM broadcast services as determined by the COR during the term of the contract at no additional cost.

C.2.17 OPTION: If support for additional USAGM broadcasting services are required in addition to the services stated (including the 8 additional USAGM broadcast services to be determined) in C.2.16, the Contracting Officer may award this option at the stated price below, and the Contractor shall provide customized mobile applications for one additional USAGM broadcasting service in a language from those available per C.2.14 (and in exercised option C.2.15), with a default URL as provided by the COR. This option may be awarded multiple times for multiple additional USAGM broadcasting services.

C.2.18 The Contractor shall configure each customized version of the mobile application so that upon startup by the end user the mobile application automatically loads the computer’s default web browser, and displays a pre-roll video as designated by the COR. The Contractor shall prepare customized versions of the client software and mobile application for each of the USAGM broadcast services as specified in C.2.16 (and in exercised option C.2.17), with a customized start page for each version as provided by the COR.

C.2.19 If option C.2.2 is exercised to provide API access, the Contractor shall prevent unauthorized API access by means of an API key or other similar method. API keys shall only be issued by the Contractor for use in client software written by other than the Contractor as designated by the COR. The Contractor must revoke API keys which have been compromised by unauthorized third parties within 24 hours of discovery or notification by the COR.

C.2.20 If option C.2.2 is exercised to provide API access, the Contractor may update the API used for API access as the Contractor deems necessary, however API access must remain backward-compatible with the previous documentation for at least 120 days after updated API access documentation has been delivered (per C.4.2) or the remaining period of this contract (as optionally extended), whichever is less. This backward-compatibility period may be reduced or waived only by a written notification from the COR.

C.2.21 The Contractor shall provide a minimum available aggregate monthly data transfer of 100 terabytes (TB) to end users of the client software service (including API access if exercised in option C.2.2). This shall include only data transferred and delivered to users in target countries, and specifically exclude both data transferred from source web sites and servers into the Contractor’s servers and network, as well as data transferred solely within the Contractor’s servers and network. USAGM shall not be responsible for any overage; the Contractor must use measures as outlined in C.2.24 to handle demand for data transfer over the contracted limits.

C.2.22 OPTION: If the monthly data transfer requirements for the client software service (including API access) grow beyond the limit stated in C.2.21, the Contracting Officer may exercise this option to increase the monthly data transfer requirements to a new limit of 250 TB, 500 TB, 750 TB, or 1000 TB. If the actual data transfer usage decreases for 2 consecutive months to below a lower limit, the Contracting Officer may reduce the contracted monthly data transfer requirements to a lower limit. USAGM shall not be responsible for any overage; the Contractor must use measures as outlined in C.2.24 to handle demand for data transfer over the contracted limits.

C.2.23 OPTION: If the monthly data transfer requirements for the client software service

(including API access) grow beyond the maximum limit (1000 TB) stated in C.2.22, the Contracting Officer may exercise this option to increase the monthly data transfer requirements to a new limit in additional 100 terabyte (TB) increments. This option may be awarded multiple times to increase the limit by multiples of 100 TB at a cost per 100 TB as stated in the costs section below.

C.2.24 In the event that user demands for data transfer for the client software service (including API access in exercised option 2.2) appear as if they will exceed the requirements as stated in C.2.21 (and as modified by any award of options stated in C.2.22 and C.2.23), the Contractor shall notify the Contracting Officer when data transferred reaches 90%, and again when it reaches 95% of such limits and may use some combination of rate limiting and traffic shaping techniques to ensure data transferred to end users is limited to meet the contracted data transfer requirements. Additionally, at the request of the COR, the Contractor shall restrict access to the services to users whose source IP addresses are within the target countries for the USAGM broadcasting services supported per C.2.16 (and as modified by any award of options stated in C.2.17) in order to reduce data transferred. At no point shall USAGM be responsible for any overage, nor shall USAGM be obligated to exercise any options to increase the limit for data transferred to meet increased user demand.

C.2.25 OPTION: If option C.2.2 is exercised to provide API access, the Contracting Officer may exercise this option to direct the Contractor to provide technical support and assistance to USG personnel or third parties (as designated by the COR) for integration of third-party client software written by other than the Contractor to permit such software to access Contractor’s client software service using documented API access (per C.2.2).

Award of this option shall require the Contractor to be available to perform 5 hours of API integration assistance as directed by the COR to one or more third parties, and this option may be awarded multiple times. This option is only intended to cover circumstances where the Contractor must provide significant additional API integration support, and need not be awarded to require the Contractor to provide API support as required per C.2.2.

C.3 Administrative Requirements

C.3.1 The Contractor shall be available for a telephone conference call with the COR, other USAGM staff, and USAGM broadcasting service representatives at a mutually agreeable time on a periodic basis averaging no more than 2 calls per month of one hour’s duration.

This requirement is in addition to any other required communication by telephone or email with the COR for execution of this contract.

C.3.2 The Contractor shall submit all software, including source code, used to provide the client software service to an independent security audit per the terms of the attached “Security Audit Standards” document. The Contractor must include the costs for compliance with these requirements, including the hiring of an independent auditor, to the base cost, as well as the costs of option years, of this contract.

C.4 Deliverables

C.4.1 The Contractor shall deliver to the COR, and any USAGM staff and USAGM broadcasting services representatives designated by the COR within the time frame as agreed in C.2.11, the initial URLs for each customized client software for each USAGM broadcasting service.

C.4.2 If option C.2.2 is exercised to provide API access, the Contractor shall provide written documentation for API access to the COR, and other USAGM employees and contractors as designated by the COR throughout the duration of this contract, which is sufficient to allow client software written by parties other than the Contractor to access the client software service. Initial API access documentation shall be provided within 10 days of exercise of option C.2.2, and updated documentation shall be provided within 10 days after the Contractor makes any changes to the API throughout the period of performance.

C.4.3 The Contractor shall provide online web statistics updated at least hourly for the client software service, with secure access granted by username and password to the COR, and any other USAGM staff and USAGM broadcasting services representatives as designated by the COR. The Contractor shall issue individual usernames and passwords for each user, usernames and passwords for USAGM broadcasting services representatives will have access limited to only statistics for the service they represent.

The statistics must include for the client software service, for each USAGM web site:

- Total traffic to the site by volume of data transferred (in Megabytes / Gigabytes

/ Terabytes as appropriate)

- Number of sponsorship impressions

- Number Sponsorship clicks.

- Number of IP addresses

- Country and city of IP address origin

C.4.4 The Contactor shall implement a method to independently verify traffic to USAGM web sites through the client software service, using USAGM’s commercially-provided web analytics system. The COR shall provide to the Contractor a list of domains for USAGM web sites to be tracked using this method. The Contractor shall propose in writing a tracking method which will allow USAGM to clearly identify traffic from Contractor’s servers (e.g. URL tagging, unique User-Agent string, enumeration of Contractor’s IP addresses), which shall be approved by the COR in writing. This method must not compromise Contractor’s ability to resist blocking of their traffic (per C.2.13).

C.4.5 The Contractor shall provide a written monthly status report no later than ten (10) business days after the previous month, delivered to the COR, and any other USAGM staff and USAGM broadcasting service representatives designated by the COR, detailing work performed during the previous month. This report shall describe the work performed for specific requirements of this contract as well as the statistics gathered as identified in C.4.3 in aggregate regarding the use and performance of the system, including total number of end users, amount of data transferred, and overall system uptime and availability.

D. Packaging and Marking

[RESERVED]

E. Inspection and Acceptance

E.1 Acceptance Criteria

The Contractor shall provide work products and deliverables within the acceptance criteria identified below. Quality measures as set forth below shall be applied to each Work Product and Deliverable.

• Adherence to Requirements - Work products and deliverables shall comply with the Government’s requirements as defined in the Statement of Work (SOW)

• Accuracy- Work products and deliverables shall be free from errors and mistakes (all errors shall be corrected) and be developed in accordance with applicable laws, regulations, policies, and procedures

• Completeness - Work products and deliverables shall have all parts or elements as required by the SOW

• Clarity - Work products and deliverables shall be easy to understand

• Timeliness - Work products and deliverables shall be available at the time required and generated on or before specified and mutually agreed to due dates or in accordance with a later mutually agreed to scheduled date

• Format - Work products and deliverables shall be submitted electronically, files preferred in Microsoft Word, PowerPoint, or Excel format

• All deliverables become the property of the Government. BBG will have 5 business days from the date of submission to provide any comments and formally accept each deliverable

E.2 Place of Acceptance

The Contracting Officer or the duly authorized representative, such as the COR, will accept supplies and services to be provided under this contract.

E.3 Notice Regarding Late Delivery

In the event the Contractor anticipates that it will not be able to meet any delivery and/or performance requirements identified in contract, it shall immediately notify the Contracting Officer, and the Contracting Officer’s Representative (COR) orally and in writing giving pertinent rationale and proposed corrective action(s). If the reason for the delay is not covered under the Excusable Delays Clause (FAR 52.249-14) of the contract notice should also include proposed consideration for the Government's consideration.

This clause shall not be construed as a waiver by the Government of any of its rights or remedies available under the contract including termination.

F. Deliveries and Performance

See section C.4.

G. Contract Administration Data

G.1 Contracting Officer's Authority

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

G.1.1 Contracting Officer's Representative (COR)

The Federal employee identified below is hereby designated as the COR. The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the contract. The COR is located at:

TBD

The responsibilities and limitations of the COR are as follows:

• The COR is responsible for the technical aspects of the contract and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

• The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

(End of clause)

G.1.2 52.232-18 -- Availability of Funds (Apr 1984)

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 for this contract and until the

Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

H. Special Contract Requirements

H.1 Submission of Vouchers/Invoices

The Contractor shall submit an original monthly invoice of detailed work completed and accepted by the Government to the COR. The Contractor’s monthly invoice shall list: (a) the days for which assignments/hours are being billed for work performed, (b) the programs produced, (c) reimbursable expenses, if any, and (d) comply with 1952.232-91 Electronic Invoicing and Payment Requirements clause (below).

H.2 1952.232-91 Electronic Invoicing and Payment Requirements - Invoice Payment Platform (IPP) (April 2016)

Payment requests for all new awards must be submitted electronically through the U. S.

Department of the Treasury's Invoice Payment Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Prompt Payment clause included in this contract. The IPP website address is: https://www.ipp.gov.

PART II - CONTRACT CLAUSES

I. Contract Clauses

I.1 52.227-14 Rights in Data—General (May 2014)

The Contractor agrees to assign copyright to data, including reports and other copyrightable materials, first produced in performance of this contract to the United States Government, as represented by the BBG.

(a) Definitions. As used in this clause—

“Computer database” or “database means” a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

“Computer software”—

(1) Means

(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

(2) Does not include computer databases or computer software documentation.

“Computer software documentation” means owner’s manuals, user’s manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

“Data” means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

“Form, fit, and function data” means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.

“Limited rights” means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause.

“Limited rights data” means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.

“Restricted computer software” means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.

“Restricted rights,” as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.

“Technical data” means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation). This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C. 116).

“Unlimited rights” means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of rights.

(1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in—

(i) Data first produced in the performance of this contract;

(ii) Form, fit, and function data delivered under this contract;

(iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract;

and

(iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.

(2) The Contractor shall have the right to— http://uscode.house.gov/

(i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause;

(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause;

(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and

(iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause.

(c) Copyright—

(1) Data first produced in the performance of this contract.

(i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract.

(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number).

(iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government.

(2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor—

(i) Identifies the data; and

(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract.

(3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data.

(d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except—

(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations);

(2) As expressly set forth in this contract; or

(3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer.

(e) Unauthorized marking of data.

(1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 4703, the following procedures shall apply prior to canceling or ignoring the markings.

(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings;

(ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions.

(iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer’s decision. The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer’s determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed.

(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C.

552) if necessary to respond to a request thereunder.

(3) Except to the extent the Government’s action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract.

(f) Omitted or incorrect markings.

(1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data.

(2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor’s expense. The Contracting Officer may agree to do so if the Contractor—

(i) Identifies the data to which the omitted notice is to be applied;

(ii) Demonstrates that the omission of the notice was inadvertent;

(iii) Establishes that the proposed notice is authorized; and

(iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice.

(3) If data has been marked with an incorrect notice, the Contracting Officer may—

(i) Permit correction of the notice at the Contractor’s expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or

(ii) Correct any incorrect notices.

(g) Protection of limited rights data and restricted computer software.

(1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause.

As a condition to this withholding, the Contractor shall—

(i) Identify the data being withheld; and

(ii) Furnish form, fit, and function data instead.

(2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software.

(3) [Reserved]

(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor’s obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government those rights, 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.

(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government.

(End of clause)

I.2 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 current period of 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 prior to contract expiration.

(End of clause)

I.3 52.217-9 Options 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 3 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5.5 years

I.4 52.212-4 Contract Terms and Conditions —Commercial Items (Jan 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113304 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137572 occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required…