9523ZY-18-Q-0215_Combined_Synopsis_Solicitation.pdf

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Request for Quotes

COTS Legal Education Services Relevant to Financial Markets

RFQ #9523ZY-18-Q-0215

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The U.S. Commodity Futures Trading Commission (CFTC) has a requirement for a commercial off-the-shelf (“COTS”) continuing legal education (“CLE”) accredited training solution.

This is a combined synopsis/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; quotations are being requested and a separate written solicitation will not be issued.

Solicitation number 9523ZY-18-Q-0215 is issued as a Request For Quotation (RFQ) under FAR Subpart 13.5.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-100 / 08-22-2018.

The applicable NAICS code is 611710, and this is an unrestricted full and open competition.

Size standard: $14.0 million.

See Section II for a list of contract line item numbers and items, quantities and units of measure, (including options).

See Section II for a description of requirements for the items to be acquired: COTS Legal Education Services Relevant to Financial Markets

Dates and place of performance: The period of performance is a base period of 12 months and four (4) 12-month options. Should there be a need for a transition-in period; the total period of performance shall not exceed sixty (60) months unless authorized by Federal procurement regulations. The place of performance is the contractor’s facilities and CFTC offices in Washington, DC; New York, NY;

Chicago, IL; and, Kansas City, MO.

See Sections II and III for the provision FAR 52.212-1, Instructions to Offerors – Commercial and the associated addenda.

See Section III for the description of the Evaluation in lieu of provision FAR 52.212- 2, Evaluation- Commercial Items.

Quoters shall include a completed copy of provision FAR 52.212-3, Offerors Representations and Certifications-Commercial Items with the quotation submission or available in the System for Award Management (SAM) in accordance with Section III.

FAR 52.212-4, Contract Terms and Conditions-Commercial Items is applicable to this solicitation. (See Section II) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P295_49304

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FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items is applicable to this solicitation. (See Section

II)

See Section II for all applicable additional terms and conditions for this solicitation.

Period for acceptance of quotations: The Quoter agrees to hold the prices in its quotation firm for 90 calendar days from the date specified for receipt of quotations.

The date and time quotations are due: 12:00 pm local (Washington, DC), September 20, 2018.

The name and telephone number of the individual to contact for information regarding the solicitation: Jerald Neveleff (202.418.5345), jneveleff@cftc.gov.

Questions are due in writing to jneveleff@cftc.gov not later than 1:00 pm local (Washington, DC), September 7, 2018.

This request for quotations shall not be construed as a commitment of any kind.

(Rest of Page Intentionally Left Blank) mailto:jneveleff@cftc.gov

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PART I

STATEMENT OF WORK

COTS Legal Education Services Relevant to Financial Markets

A. INTRODUCTION

The United States Commodity Futures Trading Commission (“CFTC” or “Commission”) requires a commercial off-the-shelf (“COTS”) continuing legal education (“CLE”) accredited training solution that shall enable CFTC’s personnel to meet/maintain state certification requirements through means of classroom and virtual legal education services, as required for state certification.

B. BACKGROUND

Congress created the Commission in 1975 as an independent agency with the mandate to regulate commodity futures and option markets in the United States. The Commission protects market participants against manipulation, abusive trade practices and fraud.

Through effective oversight and regulation, CFTC enables the markets to serve better their important functions in the nation’s economy – providing a mechanism for price discovery and a means of offsetting price risk.

CFTC is comprised of five Commissioners appointed by the President of the United States.

The President also designates one of the Commissioners to serve as Chairperson. The Commission currently operates from a headquarters office in Washington, DC and regional offices in Chicago, IL, New York, NY and Kansas City, MO. The majority of CFTC’s workforce is attorneys, economists, auditors, and trading investigators.

In December, 2009, the U.S. Office of Personnel Management issued in the Federal Register its final rule implementing training and development requirements contained in the Federal Workforce Flexibility Act of 2004. Building on these two significant events, CFTC wishes to ensure its training program remains dynamic and able to effectively and efficiently address emerging training requirements for all of its employees.

C. SCOPE

The contractor shall furnish all personnel, facilities, equipment, material, supplies, and services (except as may be expressly set forth as furnished by the Government) and otherwise do all things necessary for, or incidental to, providing the training services described in this Statement of Work. The contractor shall also provide access to web-resources, live web conferencing (e.g., WebEx) and on-demand training resources. With respect to online resources, CFTC will ensure its personnel have all equipment (e.g., personal computers) and internet connectivity necessary to access the online resources.

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CFTC requires an enterprise-level solution (i.e., unlimited memberships for unlimited access to the contractor’s resources), and estimates that the following numbers of personnel will be given access to the contractor’s resources during the period of performance of this contract.

Contract Period Employees Each Period of Performance 800

The figure above represent CFTC’s best estimate of the number of employees that will be given access to the contractor’s services during this period. The actual number may be higher or lower each year.

At this time, the Commission does not anticipate that the number of employees will change significantly from the estimate in the above table over the duration of the contract.

However, the Commission reserves the right to seek an equitable adjustment to the purchase order pricing (i.e., current period and future option periods) if it determines that the number of eligible employees is, or will be, significantly lower (i.e., by 10% or more) than the estimates in the above table.

D. TASK DESCRIPTIONS

1. Kick-Off Meeting / Project Initiation

Within five (5) business days after contract award, the contractor shall participate in a contract kick-off meeting with CFTC to discuss the requirements of this contract. At a minimum, the contractor’s Account Representative shall attend the meeting. It is anticipated that the Contracting Officer and Contracting Officer’s Representative (“COR”) will attend the meeting for CFTC. The contractor shall coordinate scheduling of the meeting with the COR. The COR will develop the agenda for the meeting.

All of the contractor’s services shall be available to CFTC’s employees within two (2) weeks after receipt of the applicable required information (e.g., employee names) from the COR.

2. In-Person and e-Learning Training

The contractor shall provide CFTC with unlimited (i.e., unrestricted registrations and/or attendance) e-Learning training which includes, but is not limited to, virtual and web-based modules, webcasts and webinars. The contractor’s courseware shall include, but not be limited to, offerings relevant to the Dodd–Frank Wall Street Reform and Consumer Protection Act (Pub.L. 111–203, H.R. 4173), financial markets, government regulations and ethics. Collectively, the library of the contractor’s COTS courses shall be CLE-accredited and be recognized by the Bar of all U.S. states, commonwealths, territories and the District of Columbia. CFTC does not require that all courses shall be certified by all these entities. The COR shall be given access to the contractor’s e-Learning system for the purposes of generating real-time reports, performing roster management and conducting query searches regarding student usage of the services.

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Additionally, the contractor shall facilitate training events (e.g., seminars) that include, but are not limited to, updates and/or changes to the Dodd-Frank Act, Government markets and financial markets. The contractor shall ensure that each of its offered in-person training events can physically accommodate a minimum of 100 CFTC employees. CFTC prefers that a live stream online option (e.g., web-ex) be available for CFTC members that cannot attend in person. Recorded versions of all in-person events shall be provided to CFTC within one (1) month after the respective events. In-person training facilities and equipment shall be furnished by the contractor unless otherwise agreed upon by both parties. Training events shall be open to CFTC members at no additional cost.

3. Course Materials

The contractor’s training materials for its online courses shall be available electronically for CFTC’s employees to view, download and print. In the event digital course material is not available, the contractor shall furnish hardcopies of the materials as requested by the COR.

Additionally, the contractor shall ensure that sufficient quantities of its training materials (i.e., electronic or hardcopy) are available for all of CFTC’s employees attending each of the contractor’s in-person training events.

E. REPORTING

1. Monthly Tracking Report

The contractor shall furnish a monthly tracking report that identifies each employee’s course engagement [e.g., course completion date and course title/type (webinar, live session, and on- demand)]. The monthly tracking report shall also include a summary which quantifies overall course types (e.g., total number of webinars taken by Commission employees, total number of live sessions attended, total number of on-demand resources used, etc.). The monthly tracking report shall be delivered to the COR no later than the 10th business day of the month following the reporting period. The following figure is provided as an example of how the monthly tracking report should be structured. At a minimum, the monthly tracking reports shall include the data elements displayed in this figure.

Monthly Tracking Report Month: January 2013

No. Employee Data Course Data Empl. Name Division Office Location Course Title Completion Date Course Type

1 Baker, Jane OED DC Ethics 201 1/3/2013 Webinar 2 Doe, John OGC CH Dodd-Frank 1/23/2013 Live session 3 James, Mike DSIO NY Dodd-Frank 1/23/2013 Live session 4 Smith, John ENF KS Leadership 101 1/31/2013 On-demand

Course Summaries

Webinars 1

Live Session 2

On-demand 1

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2. Master Tracking Report

Using the information contained in the monthly tracking reports, the contractor shall furnish a master tracking report on a quarterly basis. The master tracking report shall be delivered to the COR no later than the 10th business day of the month following the reporting period. For example, the master tracking report covering the months of August, September and October would be due by the 10th business day of November.

The following figure is provided as an example of how the master tracking report should be structured. At a minimum, the master tracking reports shall include the data elements displayed in this figure.

Master Tracking Report (Submitted 3/31/13)

No. Employee Data Course Data Empl. Name Division Office Location Jan Feb Mar

1 Baker, Jane

OED

DC

Ethics 201 Webinar 1/23/13

N/A

2 Doe, John

OGC

CH

Dodd-Frank Live session 2/14/13

Ethics 201 Webinar 3/02/13

3 James, Mike

DSIO

NY

Ethics 101 Webinar 1/23/13

Ethics 201 Live session 2/07/13

4 Smith, John

ENF

KS

Markets 101 On demand 3/23/13

Course Summaries

Webinars 3

Live Session 2

On-demand 1

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PART II

ADDITIONAL TERMS AND CONDITIONS

1. CONTRACT PRICING

This is a firm-fixed-priced contract. The firm-fixed-price of the base year of this contract is:

2. DESCRIPTION OF SUPPLIES/SERVICES

CLIN Product Name and Description

Period of Performance Quantity

Total Annual Price

Amount Funded

Base

COTS Legal Education Services Relevant to Financial Markets

November 1, 2018 through October 1, 2019

12 months $

Transition-In (if applicable) Not Separately Priced (NSP)

Award through October 31, 2018

Option 1

COTS Legal Education Services Relevant to Financial Markets

November 1, 2019 through October 1, 2020

12 months $

Option 2

COTS Legal Education Services Relevant to Financial Markets

November 1, 2020 through October 1, 2021

Option 3

COTS Legal Education Services Relevant to Financial Markets

November 1, 2021 through October 1, 2022

Option 4

COTS Legal Education Services Relevant to Financial Markets

November 1, 2022 through October 1, 2023

Total of Contract $ $

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3. CONTRACTING OFFICER

For the purpose of this contract, the Contracting Officer is:

Jerald (Jerry) Neveleff Commodity Futures Trading Commission Financial Management Branch 1155 21st Street, NW Washington, DC 20581 Phone: (202) 418-5345 E-Mail: jneveleff@cftc.gov

4. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

The Contracting Officer’s Representative (COR) assigned to this contract is:

For the purpose of this contract, the Contracting Officer’s Representative is: (to be identified at time of award)

5. PAYMENT TO CONTRACTOR (iSupplier) – LEGAL EDUCATION SERVICES

For purposes of the Prompt Payment Act, P.L. 97-177, payments under this contract will be due on the 30th calendar day after the latter of: (1) the date of actual receipt of a proper invoice in the office designated to receive, or (2) the date the supplies or services are accepted by the Government. For purposes of determining the due date for payment and for no other purpose, acceptance will be deemed to occur on the seventh calendar day after the delivery of the supplies or services in accordance with the terms of the contract.

Equal quarterly invoices shall be prepared and submitted by the fifth (5th) business day after the beginning of the billing cycle to the designated billing office specified herein. A proper invoice must include the information listed in items 1-8 below. If the invoice does not comply with these requirements, the contractor will be notified of the defect within seven days after receipt of the invoice in the billing office.

1. Name and address of the contractor.

2. Invoice date and invoice number. (The contractor should date invoices as close as possible to the date of the mailing or transmission.)

3. CFTC order number.

4. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

5. Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

6. Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

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7. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

8. Taxpayer Identification Number (TIN).

Payment will be in accordance with the clause at FAR 52.232-33 “Payment by Electronic Funds Transfer-System for Award Management (JUL 2013)”.

The CFTC will only accept electronic invoices submitted through the Delphi eInvoicing system on a monthly basis for processing and payment. The CFTC’s Delphi eInvoicing system is managed by the Department of Transportation’s Enterprise Services Center (ESC).

Vendors shall access and register for the eInvoicing System using the following link:

http://einvoice.esc.gov/

The registration form and instructions are found under the “Forms” link.

Vendors requiring assistance with the eInvoicing system may contact the ESC help desk:

ESC Help Desk for the Delphi eInvoicing System

• Business Hours: 8:00am to 7:00pm

• 1-866-641-3500

6. PERIOD OF PERFORMANCE

The period of performance for CLIN 0001 of this contract is November 1, 2018 through October 31, 2019.

The period of performance for CLIN 0002 of this contract is award through October 31, 2018.

The period of performance of the Options, if exercised, are as follows:

Option CLIN 1001 of this contract is November 1, 2019 through October 31, 2020.

Option CLIN 2001 of this contract is November 1, 2020 through October 31, 2021.

Option CLIN 3001 of this contract is November 1, 2021 through October 31, 2022.

Option CLIN 4001 of this contract is November 1, 2022 through October 31, 2023.

7. 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 prior to contract expiration; 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.

http://einvoice.esc.gov/

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(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 and one (1) month.

8. TECHNICAL DIRECTION AND SURVEILLANCE

(a) Performance of work under this contract shall be subject to the surveillance and written technical direction of the COR. The term “technical direction” is defined to include:

(1) Directions to the contractor that provide clarification of the requirements described in the Statement of Work.

(2) Inspection and acceptance of deliverables completed by the contractor under this

(b) The COR does not have authority to, and may not, issue any technical direction which:

(1) Assigns additional work outside the scope of work for the order;

(2) Constitutes a change as defined in the contract clause(s) that address “changes”;

(3) In any manner causes an increase or decrease in the order price or the time required for performance;

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

(5) Interferes with the contractor’s right to perform the terms and conditions of the

(c) All technical direction shall be issued in writing by the COR. The contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed in this clause and within his/her authority under the provisions of this clause. If, in the opinion of the contractor, any instruction or direction by the COR would increase or decrease the cost of the contract or result in work outside the scope of this contract, the contractor shall not proceed but shall immediately notify the Contracting Officer in writing. It is anticipated that within 30 days of receiving the notification from the contractor, the Contracting Officer will either issue an appropriate contract modification or advise the contractor in writing that:

(1) The technical direction is rescinded in its entirety;

(2) The technical direction is within the scope of the contract, does not constitute a change as defined in the contract clause(s) that address “changes” and that the contractor should continue with the performance of the technical direction.

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(d) A failure of the contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto, shall be subject to the provisions of the “Disputes” clause of the contract.

(e) Any action(s) taken by the contractor in response to any direction given by any person other than the Contracting Officer or the COR whom the Contracting Officer shall appoint shall be at the contractor’s risk.

9. LIABILITY

The Contractor shall be responsible for all liabilities which result from willful misconduct, gross negligence, or lack of good faith on the part of any of its officers and employees. Such liability is not restricted by any dollar limitations.

10. GOVERNMENT RIGHTS IN SOFTWARE AND DATA

The Government shall have unrestricted rights in all computer software, documentation, and other data developed and created by the Contractor under this contract specifically for CFTC, as described in FAR Clause 52.227-1, Rights in Data – General (Dec 2007), which is incorporated herein by reference.

11. COMPLIANCE WITH THE REHABILITATION ACT OF 1973

All electronic and information technology (“EIT”) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d). In the event that the Contractor’s work does not meet such standards, and the defect is brought to the Contractor’s attention no later than one year after the date of final payment under this contract, the Contractor will be responsible for correcting the work at no cost to the Government.

12. TERMS OF SERVICE AGREEMENTS

There are no End User License Agreements (EULAs), Terms of Service, or other similar legal instruments or agreements incorporated or applicable to this order. In the event that such a legal instrument or agreement is later required by the contractor or any third-party service provider, the terms and conditions shall first be negotiated and approved by the CFTC Contracting Officer before they may apply to CFTC and its users of the services of the contractor or any third-party service provider.

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The contractor agrees that if any such legal instrument or agreement contains a provision (a) allowing for the contractor or its third-parties’ termination of services; (b) allowing for the automatic renewal of services and/or fees; (c) requiring the governing law to be anything other than Federal law; and/or (d) specifying the jurisdiction and venue of any action, then such terms shall not apply with respect to the U.S. Government. In the event the contractor’s terms and conditions or those of any third-party service provider contain an indemnification provision, such provision shall not apply as to the U.S. Government indemnifying any party unless expressly authorized by statute and specifically authorized under CFTC regulations and procedures.

Changes to any terms and conditions shall be made pursuant to the Changes provisions of this contract [see FAR 52.212-4 “Contract Terms and Conditions – Commercial Items (JAN 2017)”]. Only a warranted Contracting Officer of CFTC may agree to changes on CFTC’s behalf. The contractor and/or its third parties shall not attempt to unilaterally change the terms and conditions of this order including through the release of software updates. Any requirement from the contractor or its third-parties to accept different terms and conditions than those approved by the CFTC Contracting Officer by means of use, download, or click-through agreements shall be unenforceable.

13. F.O.B. POINT

Delivery of any and all items under this contract shall be shipped F.O.B. destination to the location identified by the Contracting Officer’s Representative identified under Part II, Additional Terms and Conditions, number 4 of this contract.

14. PRIVACY ACT, SECURITY AND NON-DISCLOSURE OF CONFIDENTIAL

INFORMATION – LEGAL EDUCATION SERVICES

(a) As used in this clause, the term “confidential information” means information obtained during performance of work for the CFTC that is confidential in nature, is nonpublic commercial, economic or official CFTC information, or contains personally identifiable information (PII). Confidential information includes, but is not limited to the following: sensitive or proprietary business, commercial, or economic information (including CEA Section 8 data which reveals business transactions or market positions of any person and trade secrets or names of customers); internal agency work products, programs, databases and materials; PII (including home addresses or other personal contact information, information about training courses taken when such information is linkable to an individual, full or partial social security numbers, dates of birth, bank, credit card or other account numbers); and any information learned in the scope of performing duties for the CFTC that the contractor and its personnel know or reasonably should know has not been made available to the general public.

(b) The contractor agrees that any personnel it authorizes to perform services for the CFTC will be granted access to confidential information only as required for the completion of work set

9523ZY-18-Q-0215 Page 14 forth in the Statement of Work. The contractor shall not grant its personnel access to confidential information outside of the scope of the Statement of Work.

(c) The contractor shall use confidential information only for the purposes of performing tasks described in the Statement of Work, and to otherwise hold such information confidential. The contractor shall not directly or indirectly use or allow the use of any confidential information for any purpose other than that directly set out in the Statement of Work. The contractor shall not directly or indirectly allow access to, discuss with, transfer, or reveal the nature of confidential information to any person other than CFTC employees or other contractor personnel directly involved in, and authorized to perform, the services identified in the Statement of Work.

(d) The contractor shall handle CFTC confidential information in accordance with CFTC policies regarding recordkeeping and safeguarding PII. The contractor shall comply with the Privacy Act of 1974, 5 U.S.C. § 552a, and the Federal Information Security Management Act (“FISMA”), 44 U.S.C. §§ 3541 et seq., and related regulations, and shall use administrative, technical and physical security measures to protect CFTC confidential information from unauthorized access, disclosure and misuse. The contractor shall take the appropriate steps to secure both paper and computer files and access to same, shall lock paper records in cabinets or offices when not in use, and shall dispose of paper records by shredding or similar means of secure destruction.

(e) The contractor shall not accept service of a subpoena for documentary information contained in or relating to CFTC information. If served with a subpoena or other legally enforceable demand for testimony regarding confidential information that is covered by this contract, the contractor shall notify the CFTC Office of General Counsel (OGC), in writing, prior to responding and complying with the demand. If the contractor is ultimately required to comply with the subpoena or legally enforceable demand, such contractor shall make appropriate representations, as instructed by the OGC concerning the CFTC’s interest in maintaining confidentiality. In addition, the contractor will also be instructed on how to use best efforts to obtain appropriate assurances of confidentiality from the third party.

(f) In the event of an incident involving the real or potential loss, compromise or unauthorized access to or disclosure of confidential information, the contractor shall immediately report the incident to the Contracting Officer, the CFTC IT Security Specialist and Chief Privacy Officer.

The contractor shall cooperate with CFTC personnel in handling any investigation of the incident and mitigating risks of similar future incidents.

(g) When the work authorized by the Statement of Work is complete, the contractor shall certify in writing to the Contracting Officer that all CFTC confidential information under the control of the contractor, including, but not limited to, documents or electronic information, or copies of the same, has been deleted from the contractor’s premises and systems.

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15. ORGANIZATIONAL CONFLICTS OF INTEREST (OCI)

Federal Acquisition Regulation (FAR) Subpart 9.5 prescribes responsibilities, general rules, and procedures for identifying, evaluating and resolving organizational conflicts of interest. The purpose of this clause is to avoid, neutralize, or otherwise mitigate conflicts of interest that might exist related to a contractor’s performance of work under this contract. If the contractor is aware, or becomes aware during the term of this contract, of any facts that might create an actual or potential conflict of interest, the contractor shall immediately provide a detailed disclosure of such facts to the Contracting Officer. At the request of the Contracting Officer, the contractor shall provide a conflict of interest avoidance or mitigation plan to CFTC. If such a plan is requested, continued performance under the contract may be conditional upon the Contracting Officer’s approval of the plan.

If approved by the Contracting Officer, the conflict of interest avoidance or mitigation plan shall be deemed incorporated into this contract, pursuant to this provision. This clause shall be included in any teaming or subcontract agreements with respect to work performed under this contract.

16. COMMON SECURITY CONFIGURATIONS

(a) The data access system must fully comply with CFTC’s existing Windows based Directory Services (Lightweight Directory Access Protocol, Active Directory) to support user access. Other government standards that apply include OMB Circular A-130, Federal Information Security Management Act (FISMA), NIST Special Publication 800 Series, including NIST SP 800-53 rev. 4, the Privacy Act of 1974 as amended, and the Freedom of Information Act as amended. The software must contain security controls based on industry best practices.

(b) The contractor will certify that the system is fully functional and operates correctly as intended on systems using the United States Government Configuration Baseline (USGCB) for Windows 7. For the Windows 7 settings see:

http://www.microsoft.com/industry/government/solutions/usgcb/default.aspx

(c) The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved USGCB configuration. The information technology should also use the Windows Installer Service for installation to the default “program files” directory and should be able to install and uninstall.

(d) The Commodity Futures Trading Commission reserves the right to test all delivered information technology to verify the contractor’s certification required in paragraph (a) above.

In the event the information technology does not meet the requirements of this clause, and the defect is brought to the Contractor’s attention no later than one year after the date of final payment under this contract, the Contractor shall correct the defect at no cost to the Government.

http://www.microsoft.com/industry/government/solutions/usgcb/default.aspx

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17. NOTICE LISTING CONTRACT CLAUSE INCORPORATED BY REFERENCE

The following contract clauses pertinent to this Part are hereby incorporated by reference (by Citation Number, Title, and Date), with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of clauses incorporated by reference may be accessed electronically at this Internet address:

http://www.acquisition.gov/far

NUMBER TITLE DATE

52.203-3 GRATUITIES APR 1984

52.204-10 REPORTING EXECUTIVE COMPENSATION AND OCT 2016

FIRST-TIER SUBCONTRACT AWARDS

52.212-4 CONTRACT TERMS AND CONDITIONS-- JAN 2017

COMMERCIAL ITEMS

52.227-14 RIGHTS IN DATA—GENERAL MAY 2014

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO DEC 2013

SMALL BUSINESS SUBCONTRACTORS

17. 52.212-5 - - CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS (AUG

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) 52.204-23, 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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 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:

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1158787 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1159972 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1146366 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113329 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 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113344 http://uscode.house.gov/

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[Contracting Officer check as appropriate.]

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

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

3509)).

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

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

X (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)).

https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

9523ZY-18-Q-0215 Page 18

__ (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—Subcon-tracting 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. 657 f).

__ (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)(i) 52.222-26, Equal Opportunity (Sept 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 (July 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 (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).

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

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9523ZY-18-Q-0215 Page 19

__ (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) (E.O. 13513).

__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

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

X (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 (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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