1_AG-3187-S-14-0005_Solicitation_HRIT.pdf
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- Human Resource Technology Implementation and Advisory Services Support Federal contract opportunity
- Solicitation number
- AG-3187-S-14-0005
About this file
Solicitation AG-3187-S-14-0005 to include the IDIQ Performance Work Statement and Task Order 1 Performance Work Statement.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| 1A_AG-3187-S-14-0005_Amendment_4_Page_34_of_the_Solicitation.pdf | ||
| Questions_and_Answers_AG-3187-S-14-0005_18_Nov_2014.pdf | ||
| 1A_SF_1449_Amendment_3_to_the_Solicitation.pdf | ||
| 1A_AG-3187-S-14-0005_Amendment_2_Page_29__of_the_solicitation.pdf | ||
| 1A_AG-3187-S-14-0005_Amendment_1_Page_31_Solicitation_HRIT_Services.pdf | ||
| 2_Past_Performance_Questionnaire_14-0005.docx | DOCX document | |
| 3_Sample_Task_Order_Pricing_Spreadsheet.xlsx | XLSX spreadsheet | |
| Q A_for_Review_of_Draft_PWS_AG-3187-S-14-0005.docx | DOCX document | |
| Draft_TO_PWS_AG-3187-S-14-0005_04_Feb_2014.docx | DOCX document | |
| Draft_IDIQ_PWS_AG-3187-S-14-0005_04_Feb_2014.docx | DOCX document |
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
WASHINGTON DC 20090-6090
PO BOX 96090
201 14TH ST INDEPENDENCE AVE SW
USDA FOREST SERVICE
CODE 16. ADMINISTERED BYCODE
X
X
541512
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR3187
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
11/20/2014 1700 ET
10/21/2014
505-563-7331TODD MATHIE
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
AG-3187-S-14-0005
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 38 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
WASHINGTON DC 20090-6090
PO BOX 96090
201 14TH ST INDEPENDENCE AVE SW
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$25.5
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
USDA FOREST SERVICE
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
X
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Human Resource Technology Implementation and Advisory Support Services
001 Human Resources Support Services Labor Hour Effort Product/Service Code: R431 Product/Service Description: SUPPORT-
PROFESSIONAL: HUMAN RESOURCES
002 Human Resources Support Services Continued ...
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
TODD W. MATHIE
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Firm Fixed Priced Effort
Product/Service Code: R431
Product/Service Description: SUPPORT-
PROFESSIONAL: HUMAN RESOURCES
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
38 2 of
AG-3187-S-14-0005
SCHEDULE B – PRICING STRUCTURE
Base Period Labor Category Hourly Rate Manager I Manager II Manager III Consultant I Consultant II Consultant III Analyst I Analyst II Analyst III
Option Period One Labor Category Hourly Rate Manager I Manager II Manager III Consultant I Consultant II Consultant III Analyst I Analyst II Analyst III
Option Period Two Labor Category Hourly Rate Manager I Manager II Manager III Consultant I Consultant II Consultant III Analyst I Analyst II Analyst III
Option Period Three
Labor Category Hourly Rate Manager I Manager II Manager III Consultant I Consultant II Consultant III Analyst I Analyst II Analyst III
Option Period Four Labor Category Hourly Rate
Manager I Manager II Manager III Consultant I Consultant II Consultant III Analyst I Analyst II Analyst III
Contract Ceiling The combined contract ceiling for all awards issued as a result of this solicitation is $49,000,000.00.
Contract Type and Incremental Funding This is an IDIQ contract in which Firm Fixed Price and Labor Hour task orders may be issued against it. Travel will be reimbursed at costs for transportation, lodging and per diem. All funds will be obligated on orders placed under the basic IDIQ contract. The orders may be incrementally funded. Under no circumstances may the contractor incur costs above that which has been obligated onto any order placed under this contract. Any costs incurred above the obligated amount on any order will not be reimbursed by the Government.
Travel Local travel (within 50 miles of the contractor’s facilities) shall not be reimbursed. All travel shall be approved in advance by the COR in writing prior to the contractor incurring any costs for travel. Any travel that is authorized by the Government in performance of this effort will be reimbursed at the current GSA Federal Travel Regulation rates. The contractor shall identify any opportunities to reduce travel costs to the COR in the performance of this effort. Reimbursement for travel costs will be limited to airfare, rental car, and per diem rates (food and lodging only) in accordance with the rates in the Federal Travel Regulations for these categories. No fees or overhead may be charged for travel.
Other Direct Costs Other direct costs (ODCs), besides travel noted above, will not be directly reimbursed under this contract. The contractor shall not invoice or otherwise charge the Government for ODCs such as postage, fed-ex, copies, electronic research, scanning, filing fees, runners, curriers, phone charges, etc.). All reimbursement considerations for these costs must be borne in the fully burdened labor rates contained in the Schedule B pricing table. The Contracting Officers Representative may approve reimbursement of ODCs that are determined to be above and beyond the common ODC’s anticipated in the everyday performance of this contract. However, Contractor-Acquired Property (CAP) purchases are not authorized under this contract.
Part I – Section C Description/specifications/statement of work.
AGAR 452.211-72 Statement of Work/Specifications (FEB 1988).
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Performance Work Statement (PWS) located at Section J, Attachment 1 of the solicitation/contract.
Part I – Section D Packaging and marking.
None
Part I – Section E Inspection and Acceptance
52.246-4 Inspection of Services – Fixed Price (Aug 1996) 52.246-6 Inspection of Services – Labor Hour (May 2001)
Part I – Section F Deliveries or Performance
52.242-15 Stop-Work Order (Aug 1989) 52.242-17 Government Delay of Work (Apr 1984)
AGAR 452.211-74 Period of Performance (FEB 1988) The contract period shall extend for one calendar year from the date of award. At the option of the Government, the contract may be renewed for additional one year periods, not to exceed 60 months, provided the Contracting Officer serves notice of renewal at least 30 days prior to contract expiration.
Base Period: 05 Jan 2015 – 04 Jan 2016 Option Period 1: 05 Jan 2016 – 04 Jan 2017 Option Period 2: 05 Jan 2017 – 04 Jan 2018 Option Period 3: 05 Jan 2018 – 04 Jan 2019 Option Period 4: 05 Jan 2019 – 04 Jan 2020
Place of Performance Work will be performed primarily at the contractor’s facility but may require some travel to the Albuquerque Service Center (ASC) in Albuquerque, New Mexico, Washington DC, and other USDA locations in the USA. Any Government furnished facilities and/or property will be identified at the task order level.
Contractors will not be able to access Federal facilities on the following observed holidays:
New Year’s Day January 1st Martin Luther King Jr.’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4* Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25* *If the date falls on a Saturday, the Government holiday is the preceding Friday. If the date falls on a Sunday, the Government holiday is the following Monday.
Part I – Section G Contract Administration Data
Invoices The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must follow the instructions on how to register and submit invoices via IPP. All invoices are to be submitted via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the U.S. Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Please make sure that your company has registered at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish your account.
Part I – Section H Special Contract Requirements
H1. Washington Metropolitan Area District Office SBA Requirement Number:
0353/14/402839. Pursuant to the executed Partnership Agreement the U.S. Department of Agriculture is authorized to negotiate directly with the 8(a) BD Participant.
H2. Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights. Any data, documents or material produced under this contract that the contractor wishes to assert as proprietary must be clearly identified and agreed to, in advance, by the CO.
Data generated in the performance of this contract includes reports of incidents of work related accidents and illnesses and Government forms CA-1 and CA-2 which may be generated by the system from incident reports. Although these reports are maintained within the integrated case management solution, they are exclusively the property of the USDA FS and/or the DOL in the case of forms CA-1 and CA-2. At the completion of this contract, or at any other time at the discretion of the COR, any or all reports maintained within the integrated case management solution will be exported in a digital format to a Government database of a compatible format.
In any event, all data produced under this contract or delivered to the Contractor as GFI must be returned to the Government within 30 calendar days of the end of the contract or extension thereto.
H.3 Section 508 - Accessibility of Electronic and Information Technology The contractor will be expected to be in full compliance with Section 508 provisions, and the successful offeror will be provided with material to self-evaluate compliance. In addition, it is expected that the solution be tested for compliance in the USDA Target Center prior to “Go- Live” and undertake all required actions as determined by the Target Center to maintain compliance.
1. This contract is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Electronic and Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.
2. The EIT accessibility standards at 36 Code of Federal Regulations (CFR) Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board (“Access Board”) and apply to contracts and task/delivery orders awarded under indefinite quantity contracts on or after June 25, 2001.
3. Each EIT product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the CO determines any furnished product or service is not in compliance with the contract, the CO will promptly inform the contractor in writing. The contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing.
If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:
a) Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or
b) In the case of custom EIT being developed by a contractor for the Government, the
Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.
4. The contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.
5. For every EIT product or service accepted under this contact by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially-available and cost-neutral, on either a contract-specified refresh cycle for the product or service, or on a contract-effective option/renewal date, whichever shall occur first.
H.4 Section 508 Compliance for Communications The offeror shall comply with the standards, policies and procedures below. In the event of conflicts between the referenced documents and this RFP, the RFP shall take precedence.
Rehabilitation Act, Section 508 Accessibility Standards 29 U.S.C. 794d (Rehabilitation Act as amended) 36 CFR 1194 (Section 508) http://www.access-board.gov/sec508/standards.htm (Section 508) FAR 39.2 (Section 508) USDA standards, policies and procedures (Section 508)
H.5 SECURITY LANGUAGE FOR ALL CONTRACTS/AGREEMENTS
By accepting this contract, the contractor and other external organizations (hereafter called contractor) providing IT services to the FS agrees to comply with the applicable IT security policy, as outlined in this document. The contractor and other external organizations will be responsible for IT security for all systems connected to the FS network or operated by the contractor and other external organizations for the FS, regardless of location. This clause is applicable to all or any part of the contract that includes IT resources or services in which the contractor and other external organizations must have physical or electronic access to FS sensitive information that directly support the mission of the FS. The term “information technology,” as used in this clause, means any equipment or interconnected system or subsystem of equipment, that is used in the automatic acquisition, storage, manipulation, management, movement, control, display switching, interchange, transmission, or reception of data or information. This includes both major applications and general support systems, as defined by Office of Management and Budget (OMB) Circular A-130.
The contractor shall be responsible for properly protecting all information used, gathered or developed as a result of work under this task. The contractor shall also protect all unclassified government data, equipment, etc., by treating information as sensitive business, confidential information, controlling and limiting access to the information and ensuring the data and equipment are secured within their facility.
http://www.access-board.gov/sec508/standards.htm
The contractor or other external organization will not publish or disclose in any manner, without the FS CO’s written consent, the details of any programs, documentation, data or safeguards either designed or developed by the contractor or other external organization under this contract or otherwise provided by the Government. The contractor may be required to sign non-disclosure or other appropriate security agreements. A written agreement between the FS and any contractors and other external organizations will be entered into before FS data and information otherwise exempt from public disclosure may be disclosed to the contractors and other external organizations. The contractor and other external organizations will agree to establish and follow security precautions considered by the FS to be necessary to ensure proper handling of data and information. As may be identified elsewhere in this contract, the contractor agrees that:
The draft and final deliverables and all associated working papers and other materials deemed relevant by the COR that have been generated by the contractor in the performance of this contract are the property of the Government and must be submitted to the COR at the conclusion of the tasks.
All documents produced for this project are the property of the U.S. Government and cannot be reproduced or retained by the contractor.
To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity and confidentiality of Government data, the contractor will afford the Government access to the contractor's or other external organization's facilities, installations, technical capabilities, operations, documentation, records and databases. The contractor will cooperate with Federal Agencies and their officially credentialed representatives during official inspections or investigations concerning the protection of FS information.
Cooperation may include providing relevant documentation showing proof of compliance with Federal and Agency requirements and rendering other assistance, as deemed necessary.
If new or unanticipated threats or hazards are discovered by either the Government or the contractor or other external organization, or if existing safeguards have ceased to function, the discoverer will immediately bring the situation to the attention of the other party. The contractor will report real or suspected incidents or violations to the FS Computer Incident Response Team (CIRT), by email, at CIRT@fs.fed.us.
The contractor shall insert these clauses in all subcontracts when the subcontractor is required to have routine physical access to a federally-controlled facility and/or routine access to a Federally-controlled information system. Failure to comply with said requirements will constitute cause for termination.
The contractor agrees to:
1. Comply with the Privacy Act of 1974 (the Act) and the Agency rules and regulations issued under the Act in the design, development or operation of any system of records on individuals to accomplish an Agency function when the contract specifically identifies:
a) the systems of records
b) the design, development or operation work that the contractor is to perform
2. Include the Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development or operation of a system of records on individuals that is subject to the Act; and
3. Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development or operation of such a system of records.
mailto:CIRT@fs.fed.us
In the event of violations of the Act, a civil action may be brought against the Agency involved when the violation concerns the design, development or operation of a system of records on individuals to accomplish an Agency function, and criminal penalties may be imposed upon the officers or employees of the Agency when the violation concerns the operation of a system of records on individuals to accomplish an Agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an Agency function, the contractor is considered to be an employee of the Agency.
Definitions of the clause:
1. “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use and dissemination of records.
2. “Record,” as used in this clause, means any item, collection or grouping of information about an individual that is maintained by an Agency, including, but not limited to, educational, financial transactions, medical history and criminal or employment history and that contains the person's name or the identifying number, symbol or other identifying particular assigned to the individual, such as a fingerprint, voiceprint or a photograph.
3. “System of records on individuals,” as used in this clause, means a group of any records under the control of any Agency from which information is retrieved by the name of the individual or by some identifying number, symbol or other identifying particular assigned to the individual.
The contractors and other external organizations will ensure that the following banner is displayed on all FS systems that contain Privacy Act information operated by the contractors and other external organizations prior to allowing anyone access to the system:
“This system contains information protected under the provisions of the Privacy Act of 1974 (public law 93 579). Any privacy information displayed on the screen or printed must be protected from unauthorized disclosure. Employees who violate privacy safeguards may be subject to disciplinary actions, a fine of up to $5,000, or both.”
H.6 Requirements For Contractors who Need Either Government Bldg or Computer Access:
Federal guidance and the FS require a background investigation on all Federal and non- Federal personnel that is commensurate with their position, level of access and need-to-know (reference Departmental Manual 3800: Common Identification Standard for U.S. Department of Agriculture Employees and Contractors and Agriculture Acquisition Regulation (AGAR) Advisory 8: Common Identification Standard for Contractors).
IT Security Training: the contractor and other external organizations will ensure that its employees performing under this contract fulfill all FS requirements for mandatory security awareness and role-based advanced security training in accordance with OMB Circular A-130, Federal Information Security Management Act (FISMA) and National Institute of Standards and Technology (NIST) requirements and sign all applicable FS statements of responsibilities.
Background Investigations: all non-Government employees with unescorted access to FS facilities, computer systems and/or FS information must have background investigations commensurate with the level of risk and magnitude of loss or harm. The FS will determine the level of background investigation and position classification needed.
Personal Identity Verification of Contractor Personnel: the contractor shall be responsible for ensuring compliance by its employees with all applicable Federal regulations, to include those of the General Services Administration (GSA), NIST, USDA, FS and Homeland Security
Presidential Directive (HSPD)-12. Contractors and their employees are subject to all Federal laws applicable to Government installations and are under the jurisdiction of the Federal Protective Service (FPS). The COR, or other designated program/project officers, in conjunction with the FS Human Capital Management (HCM) HSPD-12 staff, will assist the contractor in processing the required security background investigations/clearances.
1. The contractor shall comply with Personal Identity Verification (PIV) policies and procedures established by USDA Directives 3800 series.
2. Should the results of the PIV process require the exclusion of a contractor's employee, the
CO will notify the contractor in writing.
3. The contractor must appoint a representative to manage this activity and to maintain a list of employees eligible for a USDA PIV ID Badge required for performance of the work.
4. The responsibility of maintaining a sufficient workforce remains with the contractor.
Employees may be barred by the Government from performance of the work should they be found ineligible or to have lost eligibility for a USDA PIV ID Badge. Failure to maintain a sufficient workforce of employees eligible for a USDA PIV ID Badge may be grounds for termination of the contract.
5. The contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a Federally-controlled facility or information system.
6. The PIV Sponsor for this contract is the COR, unless otherwise specified in this contract.
The Government shall notify the contractor if there is a change in the PIV Sponsor, the office address, or the office hours for registration.
7. At this time, the Government will pay for and process all required security investigations/clearances, except as identified differently within this clause.
8. The contractor should be aware of any of its employees possibly having had a background investigation through another Government Agency. The investigation that was conducted, if verifiable by the FS HSPD-12 staff and, if it was completed within the last five years, can be accepted by the Government in lieu of a background check.
9. The contractor shall comply with any facility badging requirements for the issuance of building access, badges, etc.:
a) Ensure that each of the contractor's employees has been issued either a temporary or permanent badge from the Government. A permanent badge will not be issued until the security questionnaire has been completed and favorably reviewed. Temporary or visitor badges will be provided for persons who are identified as having an infrequent or temporary legitimate business need for access to the site. As noted above, periods that exceed 180 days will require a permanent badge. The badge must be worn at all times while in the facility. It must be displayed above the waist. The individual will retain possession of the badge as long as continued admittance to the site is needed.
b) Ensure the safekeeping, wearing and visibility of government-furnished badges.
c) Immediately return all badges and permits to the Government when such need ceases to exist.
10. The contractor shall comply with any facility security requirements for access to the facility.
11. The contractor shall comply with all applicable rules governing parking at USDA locations.
If your contract or agreement will acquire and/or implement software applications: it is the responsibility of both the Agency and the Procurement Official to verify that this section is in all new integration and application contracts including the exercise of any contract options (reference USDA C/0 letter, June 2, 2008).
Secure coding skills: the contractor certifies that at least one member of each programming team working on any code (including C, JavaTM, .Net, ASP.NET, Visual Basic) to be delivered to the FS has earned the Global Information Assurance Certification for Secured Software Programming or equivalent.
Source code testing, binary code testing, application scanning and penetration testing: at least one week prior to delivery of any code due under this contract, the contractor will deliver to the COR the following reports covering all code that will be delivered:
1. Source code testing results: showing all potential security flaws identified by at least one of the commercial source code testing tools approved by the Office of the Chief Information Officer of USDA. On the report, the contractor will highlight all vulnerabilities rated “critical” and “high.” The contractor must then correct the vulnerabilities, resend the code and ensure delivered source code health.
2. For Web-applications: Web application scanning test results showing all potential security flaws identified by at least one of the commercial Web application scanning tools approved by the Office of the Chief Information Officer of USDA. On the report, the contractor will highlight all vulnerabilities rated “critical” and “high.”
3. For all applications: application penetration results.
Copyright Management and Responsibility: by delivering applications or programming code to the Government, the vendor or contractor certifies that they have the proper authority to transfer the property and will defend the Government against copyright or other lawsuit resulting from the application or programming delivered.
If your contract is acquiring IT Services from outside FS (processing/storing/transmitting FS data on a non-FS system): it is the responsibility of both the Agency and the Procurement Official to verify that this section is in contracts including the exercise of any contract options on all external information system services. It includes external information system services provided by both Government and non-Government entities and applies to those services acquired in any manner by the FS, including those acquired by formal contract, through the Grants and Agreements process or by any other agreement (e.g., service bureaus, contractors, other service providers, such as system development, network management or security management).
The contractor or other external organizations will develop, provide, implement and maintain an IT System Security Plan for any system that includes acquisition, transmission or analysis of data owned by FS with significant replacement cost should the contractors and other external organization’s copy be corrupted. This plan will describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed or used under this contract. The plan will describe those parts of the contract to which this clause applies. The contractor or other external organization’s IT System Security Plan will be compliant with applicable Federal laws that include, but are not limited to: the Clinger-Cohen Act of 1996 and the Federal Information Security Management Act of 2002. The IT System Security Plan will meet IT security requirements in accordance with Federal and FS policies and procedures that include, but are not limited to: NIST SP 800-53 Guidelines.
The contractor and other external organizations will ensure that the appropriate security banners are displayed on all FS systems (both public and private) operated by the contractors and other external organizations prior to allowing anyone access to the system.
H7. Organization Conflict of Interest The prime contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The contractor will be prohibited from submitting bids or assisting other offerors in bid preparation on these projects.
The contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the prime contractor or any of its subcontractors from participation in subsequent contracted requirements which may be affected by the OCI.
Part II – Section I Contract Clauses
FAR 52.252-1 Clauses Incorporated by Reference (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.arnet.gov/far/ and the Agriculture Acquisition Regulations may be accessed at www.usda.gov/procurement/policy/agar.html.
FEDERAL ACQUISITION REGULATIONS (48 CFR CHAPTER 1)
52.202-1 Definitions of Words and Terms Provisions and Clauses (Jan 2012) 52.203-16 Preventing Personal Conflicts of Interest (Dec 2011) 52.204-13 System for Award Management Maintenance. (Jul 2013) 52.219-14 Limitations on Subcontracting.
52.219-18 Notification of Competition Limited to Eligible 8(a) Concerns. (Jun 2003) 52.227-17 Rights in Data – Special Works (Dec 2007) 52.232-7 Payments Under Time-and-Materials and Labor Hour Contracts (Feb 2007) 52.243-1 Changes – Fixed Price (Aug 1987) 52.243-3 Changes – Labor Hour (Sep 2000) http://www.arnet.gov/far/ http://www.usda.gov/procurement/policy/agar.html
52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.216-18 – Ordering (Oct 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through each period of performance authorized by the Government by the exercise option periods.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of Clause)
52.216-19 -- Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of $6,000,000.00;
(2) Any order for a combination of items in excess of $15,000,000.00; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) This is not a requirements contract.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of Clause)
52.216-22 -- Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period;
provided, that the Contractor shall not be required to make any deliveries under this contract after Sep 30, 2020.(End of Clause)
52.217-8 Option to Extend Services (Nov 1999) (30 days from end of contract) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days from the end of the contract. (End of Clause)
52.217-9 Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 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 five years and six months.
52.219-11 -- Special 8(a) Contract Conditions (Feb 1990).
The Small Business Administration (SBA) agrees to the following:
(a) To permit the USDA Forest Service to furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by contracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
(b) That in the event SBA does not permit USDA to award contract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.
(c) Delegate to the USDA Forest Service the responsibility for administering the contract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however, that the USDA Forest Service shall give advance notice to the SBA before it issues a final notice terminating the right of a contractor to proceed with further performance, either in whole or in part, under the contract for default or for the convenience of the Government.
(d) That payments to be made under any contract awarded under this contract will be made directly to the contractor by the USDA Forest Service.
(e) That the contractor awarded a contract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the “Disputes” clause of said contract.
(f) To notify the USDA Forest Service Contracting Officer immediately upon notification by the contractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.
(End of Clause)
AGAR 452.215-73 Postaward Conference (Nov 1996) A post award conference with the successful offeror is required. It will be scheduled within 5 days after the date of contract award. The conference will be held at: TBD.
(End of Clause)
AGAR 452.216-73 Minimum and Maximum Contract Amounts (Feb 1988) During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of $1,000.00, but not in excess of $49,000,000.00.
(End of Clause)
AGAR 452.216-74 Ceiling Price (Feb 1988) The combined contract ceiling for all awards issued as a result of this solicitation is $49,000,000.00.
Funding will be obligated on individual task orders and may be incrementally funded. The Contractor shall not make expenditures or incur obligations in the performance of this contract which exceeds the funded amount on a given task order, except at the Contractor's own risk.
(End of Clause)
AGAR 452.219-70 SIZE STANDARD AND NIAC CODE INFORMATION (NOV 1996)
The NIACS Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below: Contract line item(s):
NAICS 541512 – Computer Systems Design Services Small Business Size Standard: Annual Revenues of $25.5M
(End of provision)
AGAR 452.224-70 Confidentiality of Information (Feb 1988)
AGAR 452.237-74 Key Personnel (FEB 1988)
(a) The Contractor shall assign to this contract the following key personnel: Onsite Project Manager, Lead Technical Staff, other employees who the contractor has identified as critical to the successful performance for each task order.
(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.
Noncompliance with the provisions of this clause will be considered a material breach of the terms and conditions of the contract for which the Government may seek any and all appropriate remedies, to include termination for default.
AGAR 452.237-75 Restrictions Against Disclosure (FEB 1988)
(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.
(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder and require all employees and subcontractors to sign a non-disclosure agreement. (End of Clause)
AGAR 452.237-76 Progress Reporting. (Feb 1988) The Contractor shall submit a progress report monthly, covering work accomplished during that period of the contract performance. The progress report shall be brief and factual and shall be prepared in accordance with the following format:
(a) A cover page containing:
(1) Contract number and title;
(2) Type of report, sequence number of report, and period of performance being reported;
(3) Contractor's name and address;
(4) Author(s); and
(5) Date of report.
(b) SECTION I - An introduction covering the purpose and scope of the contract effort. This shall be limited to one paragraph in all but the first and final month's narrative.
(c) SECTION II - A description of overall progress plus a separate description of each task or other logical segment of work on which effort was expended during the report period. The description shall include pertinent data and/or graphs in sufficient detail to explain any significant results achieved.
(d) SECTION III - A description of current technical or substantive performance, and any problem(s) which may impede performance along with proposed corrective action.
(e) SECTION IV - A planning schedule shall be included with the first progress report for all assigned tasks required under the contract, along with the estimated starting and completion dates for each task. The planning schedule shall be updated and submitted with each subsequent technical progress report, including an explanation of any difference between actual progress and planned progress, why the differences have occurred, and--if behind planned progress--what corrective steps are planned.
(f) SECTION V - If applicable, financial information shall be submitted for each major task or line item cost.
Data shall include:
(1) The total estimated cost budgeted (fee excluded).
(2) The estimated cost expended during the current reporting period.
(3) Identification of direct labor hours of prime contractor and subcontractor(s) and/or consultant(s), if applicable.
(4) Total project to-date expenditures.
(5) Total remaining funds.
(End of Clause)
AGAR 452.237-78 Contracts with Consulting Firms for Services. (Feb 1988) Offerors are specifically cautioned that any firm(s) receiving a contract or any tier of subcontract award to provide the services described herein will be prohibited from competing for or receiving a follow-on contract to perform on those requirements that were developed during this contract in which they assisted the Government during the performance of this contract. (End of Clause)
FSAR 4G52.222-701 - Employment of Eligible Workers Section 274A of the Immigration and Nationality Act (8 USC 1324a) makes it unlawful for an employer to hire unauthorized aliens. The Immigration and Naturalization Service (INS), now the United States Citizen and Immigration Services, established the Form I-9, Employment Eligibility Verification Form, as the document to be used for employment eligibility verification (8 CFR 274a).
The contractor is required to:
1. Have all employees…
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