B08_SOL_140D0423R0022.pdf

Combined Synopsis/Solicitation 140D0423R0022 Statistical Production Modernization and Application Development Support for the BEA-EITS.

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SECTION 1 – Introduction (Addendum to Federal Acquisition Regulation (FAR) 52.212-1 “Instructions to Offerors – Commercial Products and Commercial Services ” (Nov 2021)

1.1 Combined synopsis/solicitation for commercial items

(i) This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) Solicitation 140D0423R0022 is issued as a Request for Proposal (RFP) utilizing Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiation.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-03 dated March 16, 2023.

(iv) The North American Industry Classification System (NAICS) code for this solicitation is 541512 “Computer Systems Design Services” with a size standard of $34.0 million. This RFP is a total set-aside for small business concerns.

(v) The RFP includes a one-year base period and a one-year option period.

(vi) The Government seeks the services of a Contractor to provide full Software Development Life Cycle (SDLC) support for the Bureau of Economic Analysis Estimation Information Technology System (BEA–EITS), its subsystems, and underlying IT architecture components.

The Contractor shall be expected to provide services to support tasks such as Project Management, Work Plan Development, IT/Functional Planning & Analysis, Requirements Analysis, Design, Software Development, Testing, Documentation, Implementation, and Operations and Maintenance.

(vii) Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of performance by the Contracting Officer’s Representative (COR).

(viii) Provision 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021), applies to this acquisition and the RFP includes an addendum to the provision.

(ix) Pursuant to FAR 52.212-2, Evaluation – Commercial Products and Commercial Services (Nov 2021) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Management Approach and Technical Capabilities and Understanding of the work, 2 | P a g e

Personnel Qualifications, Organizational Experience, Past Performance, and Price. The non-priced factors are of equal importance. Price is the least important factor. The non-price factors, when combined, are significantly more important than price. Management Approach and Technical Capabilities and Understanding of the work, Personnel Qualifications, Organizational Experience will be assigned a rating of “excellent, very good, satisfactory or unsatisfactory”.

Past Performance will be assigned a rating of “high confidence”, “neutral”, or “low confidence”.

In order to be considered for award, a minimum rating of “satisfactory” on all non-price evaluation criteria and “high confidence” or “neutral” for past performance must be achieved.

(x) Offerors shall submit the provision at 52.212-3, Offeror Representations and Certifications -- Commercial Products and Commercial Services (Dec 2022), with its offer. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. The full text of the provision may be accessed electronically at:

http://acquisition.gov/far/index.html

(xi) The clause at 52.212-4 Contract Terms and Conditions -- Commercial Products and Commercial Services Alt I, (Nov 2021), applies to this acquisition and the RFP incorporates this clause by reference and an addendum to the clause in section 3 of this RFP.

(xii) The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Products and Commercial Services (Mar 2023), applies to this acquisition. The FAR clauses selected in the clause are applicable to this acquisition and can be found in section 3 of the RFP.

(xiii) Proposals submitted in response to this RFP shall be received no later than 2:00 P.M.

current Eastern Time, April 19, 2023, in order to be considered for award. See section 4 for submission instructions.

(xiv) The Defense Priorities and Allocations System (DPAS) is not applicable to this acquisition.

(xv) A complete proposal shall include:

1. See section 4.0 for Proposal contents, volume arrangement, etc.

(xvi) The Contracting Officer (CO) for this RFP is Christopher Bothwell (christopher_bothwell@ibc.doi.gov, 208-433-5021) and the Contract Specialist (CS) for this RFP is Nicole Gregory (nicole_gregory@ibc.doi.gov, 571-438-9687).

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1.2 General

This requirement is being issued by the Department of the Interior (DOI)/Interior Business Center, Acquisition Services Directorate (AQD), under the franchise authority, on behalf of the United States Department of Commerce, Bureau of Economic Analysis (BEA). AQD is issuing this Request for Proposal (RFP) for the purpose of entering into a contract using Part 12, 15, and

19.5 of the FAR.

1.3 Notice of Small Business Set-Aside

In accordance with FAR 52.219-6, this is a notice that this RFP is a total set-aside for small business concerns. Only proposals submitted by small business concerns will be accepted by the Government. Any proposals submitted by a contractor that is not a small business will not be considered for award.

1.4 Submission of Questions

Questions related to this RFP package must be an electronic copy in Microsoft Word submitted no later than 2:00 P.M. current Eastern Time, March 31, 2023 to Christopher Bothwell at christopher_bothwell@ibc.doi.gov and Nicole Gregory at nicole_gregory@ibc.doi.gov. Any questions received after the previously specified cut-off date and time may not be accepted or answered. Phone calls will not be accepted. Questions with the Government’s responses will be posted on sam.gov via amendment to this RFP. Please be advised that the Government reserves the right to transmit questions and answers of a common interest to all prospective Contractors.

All e-mail inquiries must have “Question(s) – RFP # 140D0423R0022” included in the subject line.

1.5 Proposal Due Date

Proposals submitted in response to this RFP shall be received no later than 2:00PM current Eastern Time, April 19, 2023, in order to be considered for award. See section 4 for submission instructions.

1.6 Anticipated Award Type

As a result of this RFP, the Government anticipates making award of a Time-and-Materials type contract, any contractor travel will be reimbursed at actual cost incurred. See Section 4 for more information on estimated travel amount placeholder information.

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SECTION 2 – Statement of Work

Please see Attachment 1 for the Statement of Work

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

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SECTION 3 – General Contract Terms and Conditions (Addendum to FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (December 2022) Alternate I (November 2021))

3.1 Contract Period of Performance

Commerce Acquisition Regulation (CAR) 1352.270-70 Period of performance. (APR 2010)

(a) The base period of performance of this contract is from August 1, 2023 through July 31, 2024. If an option is exercised, the period of performance shall be extended for twelve (12) months.

(b) The option periods that may be exercised are as follows:

Period Start date End date

Option I August 1, 2024 July 31, 2025

(c) The notice requirements for unilateral exercise of option periods are set out in FAR 52.217-9.

(End of clause)

3.2 Place of Performance

The primary place of contract performance will be at the Bureau of Economic Analysis, 4600 Silver Hill Rd, Suitland, MD 20746. When it is advantageous to the Government, the Contractor’s work shall be performed at another location, arrangements will be made in advance and authorized by the COR in writing. The Government will not reimburse the Contractor for local travel expenses to, or parking at BEA. When the Government facility is closed due to off-hours, inclement weather, emergency, or other reasons, the Contractor shall not work unless authorized by the COR in writing. Remote/telework may be authorized by the COR on a case-by-case basis. The contractor must receive authorization from the COR in writing prior to accessing the Government facility during mandatory/required telework.

3.3 Productive Direct Labor Hours

The Contractor can only charge the Government for “Productive Direct Labor Hours”.

“Productive Direct Labor Hours” are defined as those hours expended by Contractor personnel in performing work under this effort. Productive Direct Labor Hours do not include sick leave, vacation, Government or Contractor holidays, jury duty, military leave, or any other kind of Government administrative leave occasioned by closures or disruptions due to acts of God (i.e., hurricanes, snowstorms, tornadoes, etc.)

3.4. Hours of Work

Contractor personnel are expected to conform to BEA’s normal weekday operating hours of 8:00 AM to 5:00 PM Eastern Time with the exception of Federal holidays and other administrative Government shutdowns. Other tours of duty may be arranged as directed by the BEA COR in writing. The

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Contractor may be required to perform activities such as critical upgrades outside normal operating hours to minimize disruption of BEA’s estimates production. Any work performed outside of normal weekday operating hours, as noted above, will be billed at the contracted hourly rates, overtime is not authorized.

3.6. Government Holidays

The following Government holidays are normally observed by Government personnel: New Year’s Day, Martin Luther King’s Birthday, Presidential Inauguration Day (metropolitan DC area only), Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Christmas Day, and any other day designated by Federal Statute, Executive Order, Presidential Proclamation or any other kind of administrative leave such as acts of God (i.e., hurricanes, snowstorms, tornadoes, etc.), Presidential funerals, or any other unexpected Government closures.

3.7. Payment for Unauthorized Work

No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of their own will or at the request of an individual other than a duly appointed Contracting Officer.

Only a duly appointed CO is authorized to change the specifications, terms, and conditions of this effort.

3.8. Key Personnel Definition

Certain skilled experienced professional and/or technical personnel are essential for accomplishing the work to be performed. These individuals are defined as "Key Personnel" and are those persons whose resumes were submitted and marked by the Contractor as "Key Personnel.” No substitutions shall be made of accepted key personnel except for sudden illness or death, or termination of employment. Substitutions shall only be accepted if in compliance with “Substitution of Key Personnel" provision identified below.

3.8.1 Substitution of Key Personnel

Whenever possible, all Contractor requests for approval of substitutions hereunder shall be submitted in writing to the COR and the CO at least fifteen (15) working days in advance of the effective date and shall provide a detailed explanation of the circumstances necessitating the proposed substitution, a complete resume for the proposed substitute, and any other information requested by the CO necessary to approve or disapprove the proposed substitution. The COR and the CO will evaluate such requests and promptly notify the Contractor of approval or disapproval in writing.

3.8.2 Key Personnel Designation

CAR 1352.237-75 Key Personnel (APR 2010)

A. The contractor shall assign to this Contract the following key personnel:

Functional Area Expert- Level 1 Scientist/Engineer

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Computer Scientist Subject Matter Expert Functional Area Expert Level 2 Project Manager

B. The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced unless an exception is approved by the Contracting Officer.

C. Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

3.9. Contractor Interfaces

The Contractor or its subcontractors shall be required, as part of the performance of this effort, to work with other Contractors working for the Government. Such other Contractors shall not direct this Contractor or its subcontractors in any manner. Also, this Contractor or its subcontractors shall not direct the work of other contractors in any manner.

The Contractor shall work closely with other BEA contractors to implement procedures to ensure open, timely, and effective communication, information exchange, and reporting among the Contractors and the Government. These procedures shall be submitted to BEA management for review and comment, and the final version agreed upon by all parties.

3.10. Contractor Identification

Contractor personnel shall present a neat appearance and be easily recognized as Contractor employees by wearing a Security Identification Badges at all times while on Government premises. When Contractor personnel attend meetings, answer phones, and work in other situations where their status is not obvious to third parties, they must identify themselves as such to avoid creating the impression that they are Government employees.

3.11. Non-Personal Services and Inherently Governmental Functions Pursuant to FAR 37.1, no personal services shall be performed under this SOW. All work requirements shall flow only from the COR to the Contractor Project Manager. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable Contractor supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer of this communication or action.

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Pursuant to FAR 7.5, the Contractor shall not perform any inherently Governmental actions under this SOW. No Contractor employee shall hold him or herself out to be a Government employee, agent, or representative. No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government. In all communications with third parties in connection with this SOW, Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work. In all communications with other Government Contractors in connection with this SOW, the Contractor employee shall state that they have no authority to in any way change this SOW and that if the other Contractor believes this communication to be a direction to change their contract, they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer.

The Contractor shall insure that all of its employees working on this SOW are informed of the substance of this article. Nothing in this article shall limit the Government’s rights in any way under the other provisions of this SOW, including those related to the Government’s right to inspect and accept the services to be performed under this SOW. The substance of this article shall be included in all subcontracts at any tier.

3.12. Release of Information

No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this effort or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer.

The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the Contractor shall ensure that the cover of all interim, draft and final reports contain the following statement:

"The view, opinions, or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation."

There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this effort without prior written approval from the Contracting Officer.

CAR 1352.209-72 Restrictions against disclosure. (APR 2010)

(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, 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, nor 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 described herein, i.e., on a “need to know” basis. The contractor agrees to immediately notify the

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Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The contractor agrees that it will not disclose any information described in subsection

(a) to any person 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)

3.13. Service Contract Labor Standards Act (SCLS)

The below Department of Labor Wage Determination is hereby incorporated into the contract to be applied on an as needed basis.

Wage Determination No. Revision No. Date 2015-4281 25 12/27/2022

3.14. Administrative Considerations

Points of Contact The Contracting Officer for this effort is as follows:

Department of the Interior Acquisition Services Directorate

ATTN: Christopher Bothwell 381 Elden Street, Suite 2000A Herndon, Virginia 20170-4817 christopher_bothwell@ibc.doi.gov

3.15. Correspondence

To promote timely and effective administration, correspondence shall be subject to the following procedures:

a) Technical correspondence (where technical issues relating to compliance with the requirements herein) shall be addressed to the COR with an information copy to the Contracting Officer.

b) All other correspondence, including invoices, (that which proposes or otherwise involves waivers, deviations, or modifications to the requirements, terms or conditions of this SOW) shall be addressed to the CO with an information copy to the COR.

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3.16. Department of the Interior Acquisition Regulation (DIAR) 1452.201-70 Authorities and Delegations (SEP 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award. The COR will be responsible for technical monitoring of the Contractor's performance and deliveries. The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph (d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the

COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

(End of notice)

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3.17. Notice to Contractors Contractor Performance Assessment Reporting System (December 2015)

1. FAR 42.1502 directs all Federal agencies to collect past performance information on contracts. The Department of the Interior (DOI) has implemented the Contractor Performance Assessment Reporting System (CPARS) to comply with this regulation.

One or more past performance evaluations will be conducted in order to record your contract performance as required by FAR 42.15.

2. The past performance evaluation process is a totally paperless process using CPARS.

CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the CPARS for Government use in evaluating past performance as part of a source selection action.

3. We request that you furnish the Contracting Officer (CO) with the name, position title, phone number, and email address for each person designated to have access to your firm's past performance evaluation(s) for the contract no later than 30 days after award. Each person granted access will have the ability to provide comments in the Contractor portion of the report and state whether or not the Contractor agrees with the evaluation, before returning the report to the Assessing Official (AO). Information in the report must be protected as source selection sensitive information not releasable to the public.

4. When your Contractor Representative(s) are registered in CPARS, they will receive an automatically generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/.

5. Within 60 days after the end of a performance period, the AO will complete an interim or final past performance evaluation, and the report will be accessible at https://www.cpars.gov/.

a) Contractor Representatives may then provide comments in response to the evaluation, or return the evaluation without comment.

b) Your comments should focus on objective facts in the AO's narrative and should provide your views on the causes and ramifications of the assessed performance.

c) All information provided should be reviewed for accuracy prior to submission.

d) If you elect not to provide comments, please acknowledge receipt of the evaluation by indicating "No comment" in the space provided, and then selecting “Accept the Ratings and Close the Evaluation”.

e) Your response is due within 60 calendar days after receipt of the CPAR. On day 15, the evaluation will become available in PPIRS-RC marked as “Pending” with or without comments and whether or not it has been closed.

f) If you do not sign and submit the CPAR within 60 days, it will automatically be returned to the Government and will be annotated: "The report was https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2042_15.html https://www.cpars.gov/ https://www.cpars.csd.disa.mil/ https://www.cpars.csd.disa.mil/ https://www.cpars.gov/

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6. The following guidelines apply concerning your use of the past performance evaluation:

a) Protect the evaluation as source selection information. After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason you are unable to view and/or submit the form through CPARS, contact the CO for instructions.

b) Strictly control access to the evaluation within your organization. Ensure the evaluation is never released to persons or entities outside of your control.

c) Prohibit the use of or reference to evaluation data for advertising, promotional material, pre-award surveys, responsibility determinations, production readiness reviews, or other similar purposes.

7. If you wish to discuss a past performance evaluation, you should request a meeting in writing to the CO no later than seven days following your receipt of the evaluation. The meeting will be held in person or via telephone or other means during your 60-day review period.

8. A copy of the completed past performance evaluation will be available in CPARS for your viewing and for Government use supporting source selection actions after it has been finalized.

3.18. Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Apr 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Invoices for labor must include contract labor category, individual labor hours, individual labor rates, and the overall labor hours for each labor category.

Invoices for travel must include the name of the traveler, travel itinerary, purpose of travel, receipts for airfare or other means of transportation, hotel, rental car, and any other expense over $75, and any other documentation requested by the Contracting Officer or Contracting Officer’s Representative. No travel is authorized unless prior approval from the COR is obtained.

https://www.ipp.gov/

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- The contractor is responsible for ensuring invoices submitted are accurate and complete, and all labor, travel and other direct costs are in accordance with federal guidelines and other Government mandates and directives.

- Please see section 12 in the SOW for additional information required for invoice submittal.

- Additional supporting documentation MAY BE REQUESTED at the discretion of the COR or CO.

FINAL INVOICE:

Within sixty calendar days of product acceptance and/or completion of services:

a. The contractor shall submit a final invoice, designated as such by a clear statement of “FINAL INVOICE” on the face of the invoice document.

b. The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by this contract.

c. The contractor shall provide a release of claims (see attachment 5) releasing the Government from any further payment under this contract.

The sixty calendar day submission timeframe shall not be extended without written authorization from the contracting officer. In the event items a, b, or c above are not submitted within the authorized timeframe, the contracting officer will make final cost determinations in order to make final payment and close out the contract unilaterally.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

(End of Local Clause)

3.19. Telework During a Government Closure

During a period of Government closure, a Contractor employee with a Government-furnished (i.e., Government-issued) or approved computer/laptop may telework from home or some other alternate work location (including the Contractor’s facility) that is not a “Federally-controlled facility”, provided that approval has been received from the COR . Since teleworking will be authorized only as a short-term remedy to an emergency situation, the Contractor agrees that there will be no additional charges to the Government.

Each Contractor employee authorized to telework shall comply with all of the following conditions:

mailto:IPPCustomerSupport@fiscal.treasury.gov

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• Use either (1) only a Government-furnished computer/laptop with all necessary software and hardware when teleworking from home or some other alternate work location, or (2) an approved computer by either the COR or the Contractor’s Project Manager satisfying the most recent contract computer security requirements.

• Perform services under this SOW as a teleworker and understand that the teleworking arrangement is a work alternative that must be requested and approved by the COR and the Contractor’s Project Manager prior to beginning a telework assignment.

• Retain the same duties, obligations, and responsibilities assigned under this acquisition without change throughout the telework schedule.

• Maintain the teleworker’s work schedule and meet the terms agreed upon with the Contractor’s Project Manager.

• Develop an effective communications strategy with the Contractor’s Project Manager and work group, such that, for example, meetings can be attended using teleconferencing technology.

• Designate the Contractor employee’s home or some other alternate work location as the Contractor employee’s official telework location, subject to approval by the Contractor’s Project Manager.

• Protect the Contractor employee’s approved telework location from hazards and danger that could affect the Government-furnished equipment and the teleworker.

• Acknowledge that teleworking is not an entitlement and may be terminated by the COR or the Contractor’s Project Manager at any time.

• Restrict the use of any Government-furnished equipment, software, data, and supplies located at the Contractor employee’s approved telework location to the sole use of conducting Government business.

• Return any Government-furnished telework equipment, software, data, and supplies upon termination of the telework assignment or upon separation from this acquisition for any reason.

• Immediately notify the Contractor’s Project Manager of any equipment malfunction and the impact of the malfunction upon the teleworker’s ability to continue the telework assignment; and obtain instructions from the Contractor’s Project Manager about working at another alternate work location.

• Be responsible for the maintenance and repair of all the teleworker’s personal property, and for maintaining appropriate insurance coverage against loss or theft for all Government-furnished equipment/supplies in the possession of the teleworker.

• Acknowledge that all work products, including documents, reports, and data created as a result of the teleworker’s work-related activities are owned by the Government and shall be properly secured and returned to the Government as instructed by the Contractor’s Project Manager.

• Acknowledge receipt and compliance with the BEA’s Telework Policy.

• Acknowledge that the Contractor employee’s approved telework location is considered an extension of the Contractor’s worksite.

• Acknowledge that attending to personal comfort needs is not considered official duties.

• Report as soon as possible to the Contractor’s Project Manager any job-related accident during the Contractor employee’s telework schedule. If injured in the course of performing official duties at the approved telework location during the approved telework

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Under circumstances other than a Government closure, the COR or the Contractor’s Project Manager may authorize a Contractor employee to telework under the above conditions.

3.20. Continuity of Operations During a Government Closure

The Contractor shall submit a plan entitled Continuity of Operations During a Government Closure to the COR for approval within 4 calendar days following an instruction from the COR to do so. The plan shall sufficiently specify what work tasks would be performed at non- Government location(s) (i.e., not a “Federally-controlled facility”) during a closure and which Contractor employees would be authorized to telework under the TELEWORK DURING A GOVERNMENT CLOSURE provision of this acquisition.

The Contractor shall implement its approved Continuity of Operations During a Government Closure plan when directed by the COR.

3.21. Security Requirements

3.21.1 General Security Requirements

This project is unclassified. All Contractor staff are subject to the satisfactory completion of appropriate personnel suitability/security investigations (i.e., National Agency Check plus written Inquiry—NACI), as required by BEA and the Department of Commerce (DOC). Details of the current security requirements can be found on the DOC web site at the following URL:

http://www.osec.doc.gov/osy/HSPD12.

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall require employees to comply with BEA instructions pertaining to conduct and building regulation. BEA will provide a BEA/Department of Commerce building pass to each contract employee. This pass must be conspicuously displayed on each of the Contractor’s employees while on-site. The Contractor shall ensure that all Government passes are returned to BEA when employees are dismissed, or the contract has ended.

The Contractor will comply with the requirements of the Agency’s computer security program and all other applicable federal laws, regulations and standards.

Any information made available in any format will be used only for the purpose of carrying out the provisions of this contract. Information contained in such material will not be divulged or made known in any manner to any person except as may be necessary in the performance of this contract. The Contractor will obtain the COR’s approval before releasing any information, regardless of media.

The Contractor will follow personnel security requirements as set forth by BEA. The Contractor will have its staff complete questionnaires or other forms as required for security purposes. The Contractor will ensure that its employees observe and comply with all BEA IT security policies.

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When a Contractor employee no longer requires access to the BEA local area network or email system, the Contractor will notify the COR by the close of business that day. If an employee is fired or leaves the contract or company under adverse conditions, the Contractor will notify the COR before the employee is removed. If the removal is unplanned, the Contractor will notify the COR immediately after dismissing the employee to allow the Government to terminate all access to the building and to all BEA systems and accounts.

The following Security Requirements are mandated by the Department of Commerce and/or

BEA:

3.21.2 Security Requirements for Information Technology Resources

CAR 1352.239–72 Security requirements for information technology resources. (APR 2010)

(a) Applicability. This clause is applicable to all contracts that require Contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems by a Contractor that process or store information that directly supports the mission of the Agency.

(b) Definitions. For purposes of this clause, the term “Sensitive” is defined by the guidance set forth in the Computer Security Act of 1987 (Pub. L. 100-235), including the following definition of the term:

(1) Sensitive information is “ * * * any information, the loss, misuse, or unauthorized access to, or modification of which could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.”

(2) For purposes of this clause, the term “National Security” is defined by the guidance set forth in:

(i) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 4.3.

(ii) The DOC Security Manual, Chapter 18.

(iii) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress.

(3) Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, 17 | P a g e processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

(c) The Contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the Contractor's systems that are interconnected with a DOC network or DOC systems that are operated by the Contractor.

(d) All Contractor personnel performing under this contract and Contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (see DOC, Office of the Chief Information Officer Web site), or equivalent/more specific agency or operating unit counsel guidance as specified immediately hereafter [N/A ].

(e) Contractor personnel requiring a user account for access to systems operated by the Contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts.

(f) Within 5 days after contract award, the Contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed initial IT security orientation training in DOC IT Security policies, procedures, computer ethics, and best practices, in accordance with DOC IT Security Program Policy, chapter 15, section 15.3. The COR will inform the Contractor of any other available DOC training resources. Annually thereafter the Contractor shall certify in writing to the COR that its employees, in performance of the contract, have completed annual refresher training as required by section 15.4 of the DOC IT Security Program Policy.

(g) Within 5 days of contract award, the Contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation (CAR), 1352.209-72, Restrictions Against Disclosures.

(h) The Contractor shall afford DOC, including the Office of Inspector General, access to the Contractor's and subcontractor's facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime.

(i) For all Contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed, the Contractor shall provide, implement, and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy. Specifically, the Contractor shall:

(1) Within 14 days after contract award, submit for DOC approval a System Certification Work Plan, including project management information (at a minimum the tasks, 18 | P a g e resources, and milestones) for the certification effort, in accordance with DOC IT Security Program Policy and [N/A]. The Certification Work Plan, approved by the COR, in consultation with the DOC IT Security Officer, or Agency/operating unit counsel IT Security Manager/Officer, shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the Contractor of the system that will process DOC data or connect to DOC networks. Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract.

(2) Upon approval, follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6.2, and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official.

(3) Upon receipt of the Security Assessment Report and Authorizing Official's written accreditation decision from the COR, maintain the approved level of system security as documented in the Security Accreditation Package, and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy, Section 6.3.1.1.

(j) The Contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph (a) of this clause.

3.21.3 Sworn Statement (Affirmation) of Nondisclosure for BEA Information Technology Contract Workers

All Contractor staff shall be required to sign the “Sworn Statement (Affirmation) of Nondisclosure for BEA Information Technology Contract Workers” (Attachment 6) immediately upon starting work on the contract.

See attachment 6 for Nondisclosure Statement language.

3.21.4 Physical Security

The Contractor shall be responsible for safeguarding all Government property provided for Contractor use. At the end of normal duty hours or after normal duty hours, all Government facilities, equipment and materials must be secured.

3.21.5 Homeland Security Presidential Directives- 12 (HSPD-12) There are wide variations in the quality and security of identification needed to gain access to secure facilities where there is potential for terrorist attacks. In order to eliminate these variations, U.S. policy is to enhance security, increase Government efficiency, reduce identity fraud, and protect personal privacy by establishing a mandatory, Government-wide standard for secure and reliable forms of identification issued by the federal Government to its employees and

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Contractors (including Contractor employees). This directive mandates a federal standard for secure and reliable forms of identification.

The performance of this contract requires Contractors to have physical access to federal premises for more than 180 days or access to a federal information system. Any items or services delivered under this contract shall comply with the Department of Commerce personal identity verification procedures that implement HSPD-12, FIPS PUB 201, and OMB Memorandum M- 05-24. Details of the current security requirements can be found on the DOC web site at the following URL: http://www.osec.doc.gov/osy/HSPD-12/HSPD-12Information.html. The Contractor shall insert this requirement in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility or access to a federal information system.

3.22. FAR/CAR/DIAR Clauses and Provisions

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 these addresses:

http://acquisition.gov/far/index.html;

Clause Title Date 52.203-3 Gratuities Apr 1984 52.203-17 Contractor Employee Whistleblower Rights and

Requirement To Inform Employees of Whistleblower Rights

Jun 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

May 2011

52.204-9 Personal Identity Verification of Contract Personnel Jan 2011 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code

Maintenance Aug 2020

52.204-19 Incorporation by Reference of Representations and Certifications

Dec 2014

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

Nov 2021

52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services, Alternate I

Nov 2021 (Alt I)

52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.227-17 Rights in Data—Special Works Dec 2007 52.245-1 Government Property Sep 2021 52.245-9 Use and Charges Apr 2012

(End of clause) http://www.osec.doc.gov/osy/HSPD-12/HSPD-12Information.html http://acquisition.gov/far/index.html

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52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (Mar 2023)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.