B02 12314421Q0023 _ Combined Synopsis Solicitation.pdf

May 4, 2021

SUBJECT: USDA Synopsis/Solicitation 12314421Q0023 Retirement and Financial Literacy Training Content for AgLearn LMS.

Dear Interested Contractor Community:

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The United States Department of Agriculture (USDA) is requiring Retirement and Financial Literacy Training Content for the AgLearn Learning Management System. Training and use of this software will be utilized by all USDA agencies and potentially used by additional external Federal Agencies.

This solicitation shall result in a single award, firm-fixed price contract.

This procurement will be awarded through full and open competition with exclusion to a small business set-aside. This solicitation is being issued under NAICS 611430 Professional and Management Development Training, size standard is $12M and NAICS 524292 Third Party Administration of Insurance and Pension Funds, Size Standard is $35M.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-05 Effective March 10th, 2021.

If you have questions about how to submit your proposal, or other areas regarding the solicitation and quotation processes please send your questions in writing to the Contract Specialist, Garrett Duff via e-mail at garrett.duff@usda.gov.

Please send questions regarding the solicitation to garrett.duff@usda.gov. All written questions must be received no later than 12:30PM, Mountain Standard Time May 7, 2021.

The closing date for receipt of all volume submissions is to 4:30PM Mountain Standard Time, May 14, 2021.

If there are any discrepancies between the information outlined in the summary letter above and the contents of the Solicitation, the Solicitation takes precedence. If there are areas of this Synopsis/Solicitation package that are not clear please contact the Contracting Officer prior to Solicitation closing.

Thank you in advance, we look forward to reviewing your submission!

Sincerely, Tracy Lynn Jackson Contracting Officer tracy.jackson@usda.gov 970-295-5261

USDA, DM, OPPM, POD, AMB-CO

United States Department of Agriculture

Office of the Assistant Secretary for Administration

Departmental Management

Office of Procurement and Property Management

Procurement Operations Division

AMB-CO

2150 Centre Avenue Building A, Suite 145 Fort Collins, CO

COMBINED SYNOPSIS/SOLICITATION

FOR A

Firm Fixed Priced Contract

United States Department of Agriculture

Retirement and Financial Literacy Courses for the AgLearn

LMS

Table of Contents

ADMINISTRATIVE SECTION…………………………………………………4

INSTRUCTIONS TO OFFERORS…………………………………………….6

SECTION 1

Contract Clauses…………………………………………………………7

SECTION 2

Solicitation Attachments ……………………………………………25

SECTION 3

Provisions and Representations and Certifications… Evaluation………………………………………………………………….28

ADMINISTRATIVE SECTION

SYNOPSIS/SOLICITATION REVISION HISTORY

PERIOD OF PERFORMANCE

Base Period – May 15, 2021 – May 14, 2022 Option Period 1 – May 15, 2022 – May 14, 2023 Option Period 2 – May 15, 2023 – May 14, 2024 Option Period 3 – May 15, 2024 – May 14, 2025 Option Period 4 – May 15, 2025 – May 14, 2026

RFQ ATTACHMENTS

Attachment 1 – Performance Work Statement Attachment 2 – Price Schedule Attachment 3 – Sample Quality Assurance Surveillance Plan Attachment 4 – FAR 52.204-24 & FAR 52.204-26

PERFORMANCE WORK STATEMENT (Attachment 1) This Combined Synopsis/Solicitation is based on a Performance Work Statement (Attachment 1.) This work statement outlines the product identification and descriptions, description of support and operation services, hosting requirements, licensing needs and compliance that shall be met to be successful.

Attachment 1 – Performance Work Statement is hereby incorporated into this solicitation.

PRICE SCHEDULE (Attachment 2) All pricing data shall be entered onto the attached price schedule and submitted with the offer.

Attachment 2 – Price Schedule is hereby incorporated into this solicitation.

QUALITY ASSURANCE SURVEILLANCE PLAN (Attachment 3) Attached is a sample quality assurance surveillance plan. Awarded contractor will be required to submit a quality assurance surveillance plan upon award. This plan must be approved by the Government before it will be considered acceptable.

FAR 52.204-24 & FAR 52.204-26 (Attachment 4) Reps and Certs to be completed

POINTS OF CONTACT

The following points of contact are to be used to communicate with the Government during the contract duration.

Contracting Officer:

Tracy Lynn Jackson 970-295-5461 Tracy.jackson@usda.gov

Contract Specialist:

Garrett Duff 970-295-5539 garrett.duff@usda.gov

Contracting Officer’s Representative (COR) Appointed in writing by the contracting officer at time of award

Ver. Action Date

1.0 Synopsis/Solicitation Issued May 4, 2021

DUTIES AND AUTHORITY OF COR/CORS

Contracting Officer’s Representative (COR) The COR is the technical representative to the CO for all tasks issued under this contract. The COR’s main responsibility is the coordination of tasks issued under the contract. The COR is the CO’s coordinating point of contact for the entire contract and ensures a reasonable level of coordination of available Government and Contractor resources.

Each task issued under this contract will have a COR designated to provide technical guidance for that task. The COR represents the CO for technical matters pertaining to the task. The general responsibilities and authorities of the COR include:

- Giving technical directions to the Contractor which provide the necessary technical details to complete the task requirements;

- Providing information to the Contractor which assists in the interpretation of the technical portions of the work description; and

- Reviewing and recommending approval by the CO of all work products/deliverables.

ADMINISTRATION DUTIES OF COR/COR

The COR has the authority to provide “technical direction” to the Contractor during the performance of work under contract for their individual projects. Technical direction generally requires monitoring the Contractor’s work closely and continually as it progresses to ensure that the task requirements are being met. While progress monitoring does not mean taking charge and conducting the Contractor’s effort, or in any way supervising Contractor employees, it does, however, mean that the COR will:

- Keep well informed of the Contractor’s performance and activities;

- Use technical expertise to identify the Contractor’s actions, or failure to act, that clearly affect the quality of the work under way and the end results or deliverables;

- Notify the Contractor of apparent deficiencies; and

- Determine the appropriate action in discussion with the CO and Contractor to correct deficiencies.

COMMUNICATION

- The terms and conditions of this contract shall govern the administration and management of the work products and deliverables. The lines of communication and authorities between Government and Contractor personnel under this contract are as follows:

- Communications related to contract management issues shall take place between the CO, COR, COR, and the Contractor Representative.

- For issues related to task management and technical matters, communication may occur between the CO and/or COR, COR and the Contractor’s Site Management or Task Leader.

- The Contractor’s resource personnel shall communicate to Government personnel through its Task Leader, and the Government’s resource personnel shall communicate to the Contractor resource personnel through the COR.

GENERAL STANDARDS

The Contractor is responsible for obtaining and maintaining all the documentation necessary for performance under this contract. The Contractor shall make any specific documentation requests, including applicable standards, known to the COR on an as-needed basis and in accordance with the governing contract. Applicable standards under which specific work shall be accomplished include but are not limited to those specified in USDA service center agency IT manuals and policy, those specified in applicable USDA departmental regulation, and service center agency Configuration Management Standards and Practices. Upon Contractor’s request and at its sole discretion, the Government may deem it beneficial to provide such documentation electronically to the Contractor if documentation is readily available in electronic format and requires no additional production or handling cost to the Government.

ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS -COMMERCIAL ITEMS (JUNE 2020)

TYPE OF ACQUISITION:

• This solicitation is being issued under NAICS 611430 Professional and Management Development Training, size standard is $12M and NAICS 524292 Third Party Administration of Insurance and Pension Funds, Size Standard is $35M.

• This is a small business set-aside.

• This acquisition is a Firm Fixed Price with a base period and four option periods.

• This solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2021-05 Effective March 10th, 2021.

THE QUOTE

The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the combined synopsis/solicitation. These instructions prescribe the format for the Quotes and describe the approach for the development and presentation of Quotes data. These instructions are designed to ensure the submission of necessary information for understanding and comprehensive evaluation of Quotes.

AMENDMENT OF SOLICITATION PRIOR TO QUOTES CLOSING TIME

The Government reserves the right to revise or amend the specifications or the solicitation prior to the Quotes closing time. Such revisions or amendments will be communicated by amendments to this combined synopsis/solicitation. If such amendments require material changes in quantities or prices, the quotes closing date may be postponed by enough days to enable offerors to revise their Quotes. In such cases, the amendment will include an announcement of the new Quotes closing date and time.

POSTPONEMENT OF QUOTES CLOSING DATE

a. An amendment postponing Quotes closing may be issued even after the time scheduled for Quotes closing, under the following conditions:

(1) When the Contracting Officer has reason to believe that the offers of an important segment of offerors have been delayed in the mails for causes beyond their control and without their fault or negligence (such as, but not limited to, flood, fire, accident, weather conditions, or strikes); or

(2) When emergency or unanticipated events interrupt normal Governmental processes so that conducting quotes closing as scheduled is impracticable.

b. At the time a determination is made to postpone a Quotes closing under subparagraph a(1) above, an announcement of the determination shall be publicly posted and, if practicable before issuance of formal amendment of the combined synopsis/solicitation, otherwise communicated to prospective offerors.

c. In the case of subparagraph a (2) above, the Contracting Officer may proceed with the Quotes closing date as soon as practicable after the time scheduled, without prior amendment to the combined synopsis/solicitation or Notice to Offerors when it is in the best interest of the Government. In such case, the time of actual Quotes closing shall be deemed to be the time set for Quotes closing for the purpose of determining late Quotes.

POST-AWARD/PRE-PERFORMANCE CONFERENCE

A pre-performance conference shall be scheduled by and held at the office issuing this RFQ prior to the commencement of any work under the contract which will be awarded as a result of this solicitation and offer. The Contractor or his duly authorized representative shall be required to attend the pre-performance conference.

THE OFFER

The submission of the documentation specified below will constitute the Offeror’s acceptance of the terms and conditions of the negotiated proposal solicitation. These instructions prescribe the format for the quote. These instructions are designed to ensure the submission of necessary information to provide for the understanding and comprehensive evaluation of quotes.

QUOTE PREPARATION INSTRUCTIONS

The following is established as the specific information and format required for any quote submitted.

Incomplete quotes are not acceptable. Each offeror must submit only one complete quote package.

The quotes will be broken into two parts: Prior Experience (Volume I) and Executed Combined Synopsis/ Solicitation Documents – Price (Volume II). Quotes not structured in accordance with these instructions may be considered incomplete and may not be evaluated.

PROPOSAL SUBMISSION PROCESS

The closing date for receipt of all submissions is to 4:30PM Mountain Standard Time, May 14, 2021.

SUBMIT ONE (1) QUOTE VIA EMAIL WITH THE FOLLOWING:

Volume I:

(1) The offering contractors shall provide information to facilitate the Government’s consideration of

Factor 1 – Prior Experience.

The Government is most interested in examples of real work with actual results of the prime contractors in providing retirement and financial literacy courses through eLearning platforms. The Government is interested in examples of the prime contractor providing pre-built, virtual learning courses scalable to enterprise availability. The Government is also interested in examples of the prime contractor in Federal Government Retirement Literacy Training. The Government is more interested in the quality and similarity of the experience examples to the requirement than the quantity of examples. The Government is very interested in the qualifications of the personnel writing and designing the retirement and financial literacy curriculum. The Government is also interested in how the Prime Contractor has met technical requirements similar to those outlined in the performance work statement, including 508 compliance.

(2) Offeror shall submit at least one example no more than three examples of its experience (its own experience, not the experience of any proposed subcontractors in their teaming partners.) per subfactor as referenced in FAR 52.212-2 Evaluation - Commercial Items (OCT 2014).

The offering contractor shall include the name and contact information of a reference that can substantiate the real example of real work and real results. The information shall be sufficiently detailed that the evaluators can determine whether the example(s) demonstrate the prime contractor’s experience.

The offeror shall submit the example of experience(s) as a .pdf file not exceeding 25 pages in total for all Prior Experience subfactors combined. The Government will not consider for evaluation any pages received exceeding the limit previously stated. The example of experience(s) shall be submitted as a separate file from the price response.

Executed Combined Synopsis/ Solicitation Documents in Volume I:

(3) Offeror shall submit Representations from FAR 52.204-2(d) and FAR 52.204-26, (see attachment 4)

(4) Offeror shall submit representations and certifications from FAR 52.213-3, enclosed herein.

(5) Any exceptions/assumptions to the terms and conditions of this combined synopsis/solicitation package shall be identified on a separate page within volume 1.

Volume II:

(1) Factor 2- Price. Offeror shall submit a completed Price Schedule (see attachment 2.) with Supporting Rationale. No partial quotes accepted. The Government reserves the right to award all some or none of the CLINs.

Submit your quote to the following email address

USDA OPPM/POD

ATTN: GARRETT DUFF

CONTRACT SPECIALIST

garrett.duff@usda.gov

THE GOVERNMENT SHALL NOT PAY COST INCURRED IN SUBMISSION OF QUOTE

This solicitation does not commit the Government to pay any cost incurred in the submission of the quotation or in making necessary studies of designs for the preparation thereof, nor to contract for services or supplies.

SECTION 1 - CONTRACT CLAUSES

1. 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (DEVIATION 2017-1)

(OCT 2018)

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

ADDENDUM TO FAR 52.212-4

2. 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (JUN 2020)

3. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

4. 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

5. 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

6. 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORATION SYSTEMS

(JUN 2016)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph

(c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of Clause)

7. 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days of the expiration of contract.

(End of Clause)

9. 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days [before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

10. 52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007)

11. 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

12. 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

13. 52.242-15 STOP WORK ORDER (AUG 1989)

14. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far

(End of clause)

15. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

http://www.acquisition.gov/far

(b) The use in this solicitation or contract of any Department of Agriculture (48 CFR Chapter 4) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

16. AGAR 452.222-70 COMBATING RACE AND SEX STEREOTYPING (Deviation)

(a) Definitions. As used in this clause—

“Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex.

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 also apply to E.O. 13950.

See FAR 22.807.

(c) Compliance with E. O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph (b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers’ representative of the Contractor’s commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE

E.O. 13950, Combating Race and Sex Stereotyping

Employers Holding Federal Contracts or Subcontracts

Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that—

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual’s moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist or were created by a particular race to oppress another race.

For use in this notice, the terms—

“Race or sex scapegoating” means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and

“Race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP) Complaint Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or via email at OFCCPComplaintHotline@dol.gov.

(End of notice)

(e) Noncompliance. If the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E. O. 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in E. O. 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that exceed $10,000 and are not exempted by the rules, regulations, or orders of the Secretary of Labor issued under E.O. 11246 and E.O. 13950, as amended, so that these terms and conditions of this clause will be binding upon each subcontractor.

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(End of clause)

17. AGAR 452.224-70 CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or

(2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C.

552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45-day period, the contractor may proceed with disclosure.

Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of Clause)

18. 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.

(End of Clause)

19. AGAR 452.246-70 INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will inspect and accept the supplies and/or services to be provided under this contract.

(b) Inspection and acceptance will be performed at: virtually by program office.

(End of Clause)

20. LOCAL CLAUSE – COMPLIANCE WITH INTERNET PROTOCOL VERSION 6 (IPv6) IN

ACQUIRING INFORMATION TECHNOLOGY

Any system, hardware, software, firmware or networked component (voice, video or data) developed, procured or acquired in support or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of

Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products. Specifically, any new IP product or system developed, acquired, or produced must:

- Interoperate with both IPv6 and IPv4 systems and products, and

- Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government.

The Contractor shall provide technical support for both IPv4 and IPv6. Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

21. LOCAL CLAUSE – SECTION 508 – ACCESSIBILITY OF INFORMATION AND

COMMUNICATIONS TECHNOLOGY

(a) This TO 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 Information and Communications Technology (ICT)1, the ICT must allow Federal employees and members of the public with disabilities comparable access to and use of information and data provided to Federal employees and members of the public without disabilities.

(b) The ICT accessibility standards as 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board (also known as the Access Board) and apply to contracts, task orders, and indefinite quantity contracts on or after June 25, 2001.

(c) Each Information and Communications Technology (ICT) product or service furnished under this contract shall comply with the Information and Communications Technology Accessibility Standards (36 CFR 1194), as specified in the contract, at a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the noncompliant products or services within a period of time 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:

1) Cancellation of the contract, delivery, or task order, purchase or line item without termination liabilities; or

2) In the case of custom Information and Communications Technology (ICT) 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 non-compliant ICT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all ICT products and services 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.

(e) For every ICT product or service accepted under this contract 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.

1 Please note that the term Information and Communications Technology (ICT) is synonymous with Electronic and Information Technology (EIT), the previously used term.

The term ICT will be used to meet international standards after the release of the Section 508 Refresh.

Section 508 Compliance The Vendor shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this TO, the TO shall take precedence. Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

3) http://www.access-board.gov/sec508/508standards.htm (Section 508 standards)

4) FAR 39.2 (Section 508)

5) http://www.ocio.usda.gov/document/departmental-regulation-4030-001 (USDA standards, policies, and procedures for Section 508)

In addition, all contract deliverables are subject to these standards. All web content or communications materials produced, regardless of format (text, audio, video, etc.), must conform to the applicable Section 508 standards to allow Federal employees and members of the public with disabilities comparable access to and use of information and data provided to Federal employees and members of the public without disabilities. All contractors (including sub-contractors) and consultants responsible for preparing or posting content must comply with the applicable Section 508 accessibility standards and, where applicable, those set forth in the referenced policy or standards document above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the TO shall be the responsibility of the contractor or consultant.

The following Section 508 provisions apply to the products and/or services identified in this TO:

36 CFR Part 1194.21 provisions a-l 36 CFR Part 1194.22 provisions a-p 36 CFR Part 1194.23 provisions a-k[4] 36 CFR Part 1194.24 provisions a-e 36 CFR Part 1194.25 provisions a-j[4] 36 CFR Part 1194.26 provisions a-d 36 CFR Part 1194.31 provisions a-f 36 CFR Part 1194.41 provisions a-c

The following Section 508 provisions apply for software development material identified in this TO:

For software development, software applications, and operating systems the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c

For web-based applications (intranet, internet information and applications, 16 rules), the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.22 provisions a-p

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c

For telecommunication products and services, the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.23 provisions a-k

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c

For video and multimedia applications (including training materials), the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.24 provisions a-e

b. 36 CFR Part 1194.31 provisions a-f

c. 36 CFR Part 1194.41 provisions a-c

For self-contained and closed products, the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.25 provisions a-j

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c

For desktop and portable computers, the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.21 provisions a-l

b. 36 CFR Part 1194.26 provisions a-d

c. 36 CFR Part 1194.31 provisions a-f

d. 36 CFR Part 1194.41 provisions a-c

For help desk and other support services, the Vendor shall comply with the following standards, policies, and procedures:

Section 508 Accessibility Standards

1) 29 U.S.C. 794d (Rehabilitation Act as amended)

2) 36 CFR 1194 (Section 508 standards)

a. 36 CFR Part 1194.31 provisions a-f

b. 36 CFR Part 1194.41 provisions a-c If the help desk or other support services include training, Vendor must also comply with the following standards, policies, and procedures in addition to 36 CFR Part 1194.31 provisions a-f and 36 CFR Part 1194.41 provisions a-c:

a. 36 CFR Part 1194.21 provisions a-l (installable and web-based training)

b. 36 CFR Part 1194.22 provisions a-p (web-based software) All Information and Communications Technology (ICT) subject to the 36 CFR 1194 standards will have a Section 508 usability and acceptance test where Section 508 compliance will be validated.

This test must be administered by a Federal Section 508 Testing Center.

All maintenance for Information and Communications Technology that requires upgrades, modifications, installations, and purchases will adhere to the Section 508 standards and 36 CFR 1194.

WCAG 2.0 Compliance The Vendor shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this TO, the TO shall take precedence.

Custom ICT Development Services When Vendor provides custom ICT development services pursuant to this contract, Vendor shall ensure the ICT fully conforms to the applicable Revised 508 Standards prior to delivery and before final acceptance.

Installation, Configuration, and Integration Services When Vendor provides installation, configuration, or integration services for equipment and software pursuant to this contract, the offeror shall not install, configure, or integrate the equipment and software in a way that reduces the level of conformance with the applicable Revised 508 standards.

Maintenance, Upgrades, and Replacements Vendor shall ensure maintenance upgrades, substitutions, and replacements to equipment and software pursuant to this contract do not reduce the original level of conformance with the applicable Revised 508 standards at the time of the contract award.

Service Personnel Vendor shall ensure the personnel providing the labor hours possess the knowledge, skills, and ability necessary to address the applicable Revised 508 standards defined in this contract and shall provide supporting documentation upon request.

Hosting Services When providing hosting services for electronic content provided by the agency, Vendor shall not implement the hosting services in a manner that reduces the existing level of conformance of the electronic content with applicable Revised 508 standards. Throughout the life of the contract, the agency reserves the right to perform testing on a vendor or contractor’s hosted solution to verify conformance with this requirement.

Validation for ICT Items When purchasing ICT where 1) 508 validation is not possible prior to award, 2) when ICT will be changed after the award, or 3) ICT will be hosted in a third-party environment, Vendor shall test and validate the ICT solution for conformance to the Revised 508 standards, in accordance with the requirement testing methods, as defined by the agency. Throughout the life of the contract, the agency reserves the right to perform testing to verify conformance with this requirement.

Documentation Vendor shall maintain and retain full documentation of the measures taken to ensure compliance with the applicable requirements, including records of any testing or demonstrations conducted.

Conformance Reporting Prior to acceptance, Vendor shall provide an Accessibility Conformance Report (ACR) for each ICT item that is developed, updated, configured for the agency, and when product substitutions are offered. The ACR should be based on the latest version of the Voluntary Product Accessibility Template (VPAT) provided by the Information Technology Industry Council (ITI). To be considered for award, an ACR must be submitted for each ICT item, and must be completed according to the instructions provided by ITI. When the contractor is required to perform testing to validate conformance to the agency’s accessibility requirements, Vendor shall provide a Supplemental Accessibility Conformance Report (SAR) that contains the following information:

Accessibility test results based on the required test methods.

Documentation of features provided to help achieve accessibility and usability for people with disabilities.

Documentation of core functions that cannot be accessed by persons with disabilities.

Documentation on how to configure and install the ICT item to support accessibility.

When an ICT item is an authoring tool that generates content (including documents, reports, videos, multimedia productions, web content, etc.)., provide information on how the ICT item enables the creation of accessible electronic content that conforms to the Revised 508 Standards, including the range of accessible user interface elements the tool can create.

Before final acceptance, the contractor shall provide a fully working demonstration of the completed ICT Item to demonstrate conformance to the agency's accessibility requirements. The demonstration shall expose where such conformance is and is not achieved.

Before acceptance, the agency reserves the right to perform independent testing to validate that the ICT solution provided by the contractor conforms to the applicable Revised 508 standards.

Non-Compliance Before final acceptance of any ICT item, including updates and replacements, if Vendor claims its products or services satisfy the applicable Revised 508 standards specified in the contract vehicle, and the contracting officer determines that any furnished ICT item is not in compliance with such requirements, the contracting officer will promptly inform Vendor in writing of the non-compliance.

Vendor shall, at no cost to the agency, repair or replace the non-compliant products or services within the period specified by the contracting officer.

22. LOCAL CLAUSE- RETURN OF DATA

Data and information developed, entered, and processed through this solution, under this contract shall be considered Government property. Electronic files of all active, inactive and archived case and all data entered into the system throughout the performance period of the contract shall be returned to the US Department of Agriculture in a designated importable file format at the end of the contract (or upon contract termination, whichever occurs first).

23. LOCAL CLAUSE- CONFIDENTIALITY AND NON-DISCLOSURE

Any USDA proprietary information, data, and/or equipment that the Contractor has been granted access by USDA to perform work under this contract, shall be returned to the USDA when no longer required to perform work under…