B04 Terms and Conditions.pdf

Award No.

73351020Q0071

Document Title Financial Credit Modeling Services

SECTION 1 – GENERAL AND ADMINISTRATIVE INFORMATION

1.1 Contract / Task Order Types

This is a single award indefinite delivery, indefinite quantity (IDIQ) contract. All services will be obtained through the issuance of firm-fixed-price (FFP), labor hour (LH), and time and material (T&M) Task Orders. Task Orders will be issued by a Contracting Officer (CO) with the Small Business Administration (SBA), Acquisitions Division.

The required services of the Performance Work Statement (PWS), at Attachment 1, shall be provided in accordance with the requirements specified in Section 2 of the IDIQ contract and any Task Order issued. The Contractor shall not begin performance prior to the issuance of a Task Order. Under no circumstances shall the cumulative value of all Task Orders exceed the stated maximum in the IDIQ contract.

1.2 Price Costs

1.2.1 Contract Line Item Numbers (CLINs) and Descriptions

1.2.2 Labor

Labor rates established within this IDIQ and utilized on individual Task Orders may decrease at any time without the Contracting Officer’s (CO’s) approval, however, rate changes resulting in an increase to the agreed upon rates require written approval of the CO. If the Contractor and/or CO do not agree on pricing, this IDIQ shall not be utilized.

The fixed monthly labor rates, identified by task and calendar year, under this IDIQ shall not exceed the rates included at Attachment 2, Pricing [Contractor’s proposed monthly rates will be included at time of award].

The hourly labor rates, identified by labor category and calendar year, under this IDIQ shall not exceed the rates included at Attachment 2, Pricing [Contractor’s proposed labor categories and rates will be included at time of award. There is no prescribed number of labor categories. The Contract Line Item Numbers (CLINs) will be adjusted accordingly.]:

If during the life of the IDIQ contract a different labor category is needed to accomplish a Task Order, it may be proposed and possibly added to the IDIQ via a modification.

1.2.3 Other Direct Costs (ODCs)

ODCs purchased specifically for and are identifiable solely with performance under a Task Order awarded under this IDIQ contract are allowable and will be reimbursed on an actual cost basis.

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1.2.4 Indirect Burdens

ODCs may be burdened with the Contractor’s indirect rates, in accordance with the Contractor’s disclosed accounting practices. The indirect rates over the term of the IDIQ shall not exceed the rates specified below.

[Contractor’s applicable, not to exceed, indirect rates by calendar year. If no indirect rates are applicable, in accordance with the Contractor’s disclosed practices, no indirect rates shall be applied or reimbursed on these costs]:

Indirect Burden 2020 Rate 2021 Rate 2022 Rate 2023 Rate 2024 Rate

TBD TBD TBD TBD TBD TBD

TBD TBD TBD TBD TBD TBD

1.2.5 Minimum and Maximum Amounts

1.2.5.1 Minimum Amount

The Government agrees to order a guaranteed contract minimum of $100,000.00.

1.2.5.2 Maximum Amount

The cumulative amount of all Task Orders placed under this contract shall not exceed $5,100,000.00.

Exceeding the ceiling price of the contract or subsequent Task Orders is at the risk of the Contractor.

1.3 Extent of Obligation

This IDIQ does not obligate any funds. Funds shall be obligated when Task Orders are placed against this IDIQ by an SBA Contracting Officer (CO). The Government is obligated only to the extent of authorized Task Orders made under the IDIQ.

1.4 Purchase Limitation

No single Task Order shall exceed $2,550,000.00. The aggregate of all Task Orders issued against this IDIQ should not exceed $5,100,000.00.

1.5 Period of Performance

1.5.1 The ordering period of performance for the IDIQ is as follows:

[Five years from date of award]

1.5.2 The period of performance for each Task Order will be specified within eh Task Order.

Task Orders may contain optional periods of performance. The period of performance for all Task Orders shall end no more than 12-months following the end of the IDIQ contract period of performance.

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1.6 Location and Hours of Work

The services to be performed under this IDIQ will be performed at the U.S. Small Business Administration’s (SBA’s) Headquarters (HQs) facility located at 409 3rd Street SW, Washington, D.C. 20416. Normal workdays are Monday through Friday except U.S Federal Holidays. Workers typically work eight (8) hours per day, 40 hours per week. Flextime workers start not earlier than 0600 and not later than 0900. Core hours of work are from 0900 to 1500 daily. All employees are expected to be available during core hours.

1.7 Recognized Holidays

U.S. Federal Holidays are as follows:

New Years Day 1st day of January Martin Luther King Jr.’s Birthday 3rd Monday of January President’s Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veteran’s Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

The Contractor shall not schedule work on federal holidays that would require a federal employee to be present, unless coordinate by the COR. Federal holidays will be observed as prescribed in 5 U.S.C 6103.

1.8 IDIQ Authorities

1.8.1 Users

Any program office within the SBA may request for the SBA Acquisitions Division to create a Task Order off of this IDIQ. However, authorization for placing and administering Task Orders under this IDIQ lay solely with the SBA Acquisitions Division and personnel who possess the appropriate warrant.

1.8.2 Contracting Officer’s Authority

The only Government personnel with the authority to approve changes to the terms and conditions under the IDIQ. In the event the Contractor effects an unauthorized change, at the direction of any person other than an SBA CO, implementation of such change shall be considered made without authority and solely at the risk of the Contractor.

1.8.3 Contractor’s Authority

The Contractor shall not accept any instructions issued by Government personnel other than those given by the CO or the Contracting Officer’s Representative (COR) acting within the limit of his/her written authority. The Contractor shall not in any way represent

Document Title that he/she is a part of the U.S. Government or that he/she has any authority to contract or procure services under the account of the United States of America or the SBA.

1.9 Task Order Procedures

Each Task Order shall be in accordance with the following procedures:

1.9.1 Request for Quote

The Government requirement will be communicated to the Contractor in a Request for Quote (RFQ). If the Contractor is unable to perform the requirement, the Contractor may “No Bid” the Task Order RFQ. All “No Bids” shall include a brief statement as to why the Contractor is unable to perform.

The Contracting Officer will issue a PWS describing all services to be performed or supplies to be delivered so the full cost or price for the performance of the work can be established when the Task Order is placed. Task Orders shall be within the scope, issued within the period of performance, and be within the maximum value of the IDIQ contract.

A proposal response time and date will be cited in the RFQ.

1.9.2 Format

Task Order quotes will be submitted in the format delineated below, however, the Government reserves the right to change the RFQ format. Any variations will be announced at the time when individual Task Order quotes are requested.

1.9.2.1 Technical and Management Approach

The Contractor shall submit a narrative describing the technical and management approach to meeting the Government’s objectives, a personnel and staffing plan, proposed labor categories, and the availability of the proposed resources (i.e. within X days of order). The narrative shall identify and address assumptions affecting the technical proposal citing the component(s) of the proposal to which they pertain.

The Government reserves the right to reject any quote that includes any assumption that adversely impacts the Government’s requirements (5-pages maximum).

1.9.2.2 Personnel Matrix

The Contractor shall submit a one-page matrix that identifies all personnel proposed to the Task Order, the tasks numbers in the Task Order PWS that each individual will be responsible for and/or assisting with, and the number of proposed hours. If a proposed individual is currently charged to another Government Contract or Order, or proposed as such in response to an RFQ, the proposal shall specifically note which Contract, Order, and/or RFQ and the number of hours dedicated to that effort. Plans for satisfying all requirements shall be discussed (1 page maximum). In addition, the Contractor shall submit resumes for Key Personnel (3-page limit per resume) proposed as part of the Task Order.

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1.9.2.3 Price Quotes

The Contractor shall submit a price quote, in a Microsoft Excel compatible format, which includes a list of each proposed labor category, the proposed number of hours and the corresponding fully burdened hourly labor rate for each period of performance. Pricing shall be in accordance with the terms and conditions set forth in the IDIQ contract. The price quote should include all calculations/formulas used to develop the costs/price (no page limit).

1.9.3 Clarifications

The Contractor shall submit all requests for clarification in writing to the Contracting Officer by the date/time listed in the RFQ and furnish a copy to the COR.

1.9.4 RFQ Costs

All costs associated with the development, presentation and negotiation of the Contractor’s quote will be at the Contractor’s expense. It is the Government’s intent to issue Task Orders for all quotes requested, however, circumstances may arise that will prevent the Government from issuing a Task Order, i.e. funding issues, or the effort may no longer be required.

1.9.5 Evaluations

The Government will evaluate the Task Order quote, to include all Option periods, on the basis of the Contractor’s technical and management approach, staff qualifications, and cost/price. Based on these factors, the Government will determine the acceptability of the technical and management approach and staff qualifications and the fair and reasonableness of the cost/price. The Government reserves the right to change these evaluation factors and will inform the Contractor of any variations from this paragraph at the time the Task Order RFQ is issued.

1.9.6 Task Order Content

Each Task Order issued will include:

(a) Effective date of the Task Order

(b) Contract and Task Order Number

(c) Type of Task Order

(d) Line item number, description, quantity, and unit price

(e) Total price

(f) Scope, including reference to applicable (contract) specifications

(g) Delivery or performance schedule

(h) Place of delivery or performance

(i) Any packaging, packing, and shipping instructions

(j) Accounting and appropriate data

(k) Method of payment and payment office

(l) Other information as appropriate to be made available for performance of the Task

Order.

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1.9.7 Task Order Issuance

Task Orders will be issued by electronic mail on an OF 347, Order for Supplies and Services.

1.9.8 Unauthorized Work

The Contractor is not authorized to commence task performance prior to issuance of a signed Task Order or written approval provided by the CO to begin work.

1.9.9 Funding Restrictions

No unfunded tasks are allowed.

1.9.10 Incremental Funding

Task Orders may be incrementally funded under the authority of FAR 52.232-22, Limitation of Funds.

1.10 Invoice Submission

1.10.1 Invoices shall be submitted via the Invoice Processing Platform (IPP), a service provided by the U.S. Treasury’s Bureau of the Fiscal Service. Contractors are solely responsible for ensuring invoices are accepted by IPP and transmitted to the SBA. IPP will submit a status update to the vendor when the invoice is transmitted to the SBA.

1.10.2 Contractors not enrolled in IPP will be notified to register upon award of a contract, agreement or order. Unless already enrolled in IPP, Contractors shall enroll at https://www.ipp.gov/. Contractors should contact the IPP Customer Support for system-related questions at 866-973-3131or IPPCustomerSupport@fiscal.treasury.gov.

1.10.3 Contractors shall ensure that their System for Award Management (SAM) account remains active during contract or order performance. IPP will not allow a submission or payment of an invoice if the Contractor’s SAM registration is expired.

1.10.4 The Contractor shall include or input the following information. Additional information may be required by the contract, agreement or order. Items with asterisks typically automatically populate from the contract or order.

(a) * Vendor name and address

(b) Invoice date: Future dates and dates greater than five years in the past cannot be entered into IPP; must not be prior to the start of the contract period of performance

(c) Invoice number. Duplicate invoice numbers cannot be used

(d) * Contract and/or order number

(e) Quantity per Contract Line Item Number (CLIN)

(f) * Description, unit of measure, unit price, and extended price of delivered items or provided services

(1) Unless otherwise specified in the contract or order, a billing period for services is a month.

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

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(2) For Time and Materials contracts or orders, the Contractor shall invoice no less often than monthly, and shall include the following on the invoice or an attachment to the invoice:

(i) Total amount funded by CLIN

(ii) Total amount invoiced to date by CLIN

(iii) Funding balance by CLIN

(iv) Estimated completion cost by CLIN

(g) Discount terms for prompt payment if offered

(h) Name and phone number of a Contractor’s Point of Contact (POC)

(i) Attachments as applicable including the Contractor’s internally generated invoice or supporting documentation

1.10.5 IPP allows Contractors to view the status of invoices in IPP. IPP invoice status codes are:

(a) Pending Approval – Invoice has been submitted via IPP and received by SBA

(b) Approved to Pay – Invoice is approved and payment is or will be scheduled

(c) Rejected – Invoice has been rejected (overnight batch process system interface) and the invoice must be resubmitted with new invoice number

(d) Paid – Payment has been made to the Contractor’s financial institution

(e) Saved in Exception – Invoice has not been created in IPP because of a rule set error

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SECTION 2 – CONTRACT CLAUSES

2.1 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information 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.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

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(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)

2.2 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Mar 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

https://www.acquisition.gov/content/52203-19-prohibition-requiring-certain-internal-confidentiality-agreements-or-statements#i52_203-19

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(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019)(Section 889(a)(1)(A) of Pub. L. 155- 232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31U.S.C.3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

3509).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

___ (ii) Alternate I (Mar 2020) of 52.219-3.

https://www.acquisition.gov/content/52204-23-prohibition-contracting-hardware-software-and-services-developed-or-provided#id189A70O0P1N https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/52233-3-protest-after-award#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52233-4-applicable-law-breach-contract-claim#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52209-9-updates-publicly-available-information-regarding-responsibility-matters#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim

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___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Mar 2020) (if the Quoter elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Mar 2020) of 52.219-4.

___ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Aside (Mar 2020) (15 U.S.C. 644).

___ (ii) Alternate I (Mar 2020).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

___ (ii) Alternate I (Mar 2020) of 52.219-7.

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

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

___(17) (i) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4))

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Mar 2020) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

X (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

X (22)(i) 52.219-28, Post Award Small Business Program Representation (Mar 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

https://www.acquisition.gov/content/52219-8-utilization-small-business-concerns#i52_219-8

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___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C.

637(m)).

___(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020)(15 U.S.C. 644(r)).

(26) 52.219-33, Non-manufacturer Rule (Mar 2020) (15 U.S.C. 637(a)(17))

___(27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___(28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

___ (ii) Alternate I (Feb 1999) of 52.222-26

X (31) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (Jul 2014) of 52.222-35

X (32) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (Jul 2014) of 52.222-36

X (33) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-

Designated Items (May 2008)(42 U.S.. 6962(c)(3)(A)(ii)). (Not applicable to commercially available off the shelf items).

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

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016)(E.O. 13693).

___ (39) (i) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

X (47) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 https://ecfr.io/Title-48/se48.2.52_1224_63

Document Title note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13).

___ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

Document Title

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

___ (iii) Alternate II (Feb 2006) of 52.247-64.

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

X (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

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

X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

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

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

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

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

X (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, https://ecfr.io/Title-48/se48.2.52_1222_662 https://ecfr.io/Title-48/se48.2.52_1215_62

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Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

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

3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)(Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019)(Section 889)(a)(1)(A) of Pub. L.

115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) https://ecfr.io/Title-48/se48.2.52_1203_613 https://ecfr.io/Title-48/se48.2.52_1203_619 https://ecfr.io/Title-48/se48.2.52_1204_623 https://ecfr.io/Title-48/se48.2.52_1219_68 https://ecfr.io/Title-48/se48.2.52_1219_68 https://ecfr.io/Title-48/se48.2.52_1222_617 https://ecfr.io/Title-48/se48.2.52_1222_617 https://ecfr.io/Title-48/se48.2.52_1222_621 https://ecfr.io/Title-48/se48.2.52_1222_626 https://ecfr.io/Title-48/se48.2.52_1222_635 https://ecfr.io/Title-48/se48.2.52_1222_636 https://ecfr.io/Title-48/se48.2.52_1222_637

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(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

2.3 FAR 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 the start date of the award through the last day of period of performance.

(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.

https://ecfr.io/Title-48/se48.2.52_1222_640 https://ecfr.io/Title-48/se48.2.52_1222_640 https://ecfr.io/Title-48/se48.2.52_1222_641 https://ecfr.io/Title-48/se48.2.52_1222_650 https://ecfr.io/Title-48/se48.2.52_1222_650 https://ecfr.io/Title-48/se48.2.52_1222_651 https://ecfr.io/Title-48/se48.2.52_1222_653 https://ecfr.io/Title-48/se48.2.52_1222_654 https://ecfr.io/Title-48/se48.2.52_1222_655 https://ecfr.io/Title-48/se48.2.52_1222_662 https://ecfr.io/Title-48/se48.2.52_1225_626 https://ecfr.io/Title-48/se48.2.52_1226_66 https://ecfr.io/Title-48/se48.2.52_1226_66 https://ecfr.io/Title-48/se48.2.52_1247_664 https://ecfr.io/Title-48/se48.2.52_1247_664

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2.4 FAR 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 $10,000.00, 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 $2,550,000.00;

(2) Any order for a combination of items in excess of $2,550,000.00; or

(3) A series of orders from the same ordering office within 14 days that together call for quantities exceeding the limitation in subparagraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216- 21 of the FAR), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(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 2 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)

2.5 FAR 52.216-22 Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or 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

Document Title 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 12 months past the expiration date of the IDIQ contract.

(End of Clause)

2.6 FAR 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 prior to expiration.

(End of clause)

2.7 FAR 52.217-9 Option to Extend the Term of the Contract (March 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within

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

(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.

2.8 FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This IDIQ incorporates the following clauses by reference with the same force and effect as if they were given in full text. The full text of a provision text of each provision and clause can be accessed electronically at: https://www.acquisition.gov/far/

52.203-3 Gratuities (Apr 1984) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Oct 2010) 52.203-16 Preventing Personal Conflicts of Interest (Dec 2011) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of

Whistleblower Rights (Apr 2014) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Items (Oct 2018), Alt I (Jan 2017) 52.224-1 Privacy Act Notification (Apr 1984) 52.224-2 Privacy Act (Apr 1984) 52.227-14 Rights in Data-General (May 2014) https://www.acquisition.gov/far/

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52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-22 Limitation of Funds (Apr 1984) 52.232-23 Assignment of Claims (May 2014) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.242-4 Certification of Final Indirect Costs (Jan 1997) 52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop Work Order (Aug 1989) 52.243-3 Changes-Time-and-Materials or Labor-Hours (Sep 2000) 52.244-2 Subcontracts (Oct 2010) 52.245-1 Government Property (Jan 2017) 52.246-4 Inspection of Services-Fixed Price (Aug 1996) 52.246-6 Inspection-Time-and-Material and Labor-Hour (May 2001) 52.249-8 Default (Fixed-Price Supply and Service) (Apr 1984)

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SECTION 3 – ATTACHMENTS

Attachment Title 1 Performance Work Statement (PWS) 2 Pricing Worksheet 3 Sample Task Order: Modeling Services and Budget Preparation

4 Quality Assurance Surveillance Plan (QASP) [to be incorporated at time of award]

5 Labor Category Descriptions/Functions [to be incorporated at time of award] 6 COR Appointment Letter [to be incorporated at time of award] 7 Non-disclosure [to be incorporated at time of award]

[Attachment numbers will change upon final award of the IDIQ since Attachment 3 will be removed].

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SECTION 4 – SOLICITATION PROVISIONS

4.1 FAR 52.204-20 Predecessor of Offeror (July 2016)

(a) Definitions. As used in this provision–

“Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”).

Predecessor legal name: .

(Do not use a “doing business as” name).

(End of provision)

4.2 FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019)

The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550

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(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”

(d) Representation. The Offeror represents that it □ will, □ will not provide covered…