B08_SOL_Attachment_1_-_Statement_of_Work.pdf

Attachment 1 - Statement of Work (Schedule of Supplies/Services)

1. BACKGROUND

The purpose of this acquisition is to provide the DOI OCIO with an Enterprise Term License Agreement (ETLA) for Adobe products, licenses, and professional Adobe-related services. The Acquisition Services Directorate plans to solicit and award a single vendor ETLA with delegated authority to the DOI Bureaus and Offices to issue ETLA Orders. DOI intends to procure volume licensing program support for various Adobe products that are categorized into client technologies and system or server technologies in order to support DOI employees, seasonal workers, and support contractors.

2. LICENSING COVERAGE FOR ALL OF DOI

This ETLA will include all Adobe products requested in Attachment 2, Product list Price Schedule and will provide Adobe licensing and maintenance for all DOI Bureaus and Offices over the term of the agreement. This ETLA will also provide DOI the ability to purchase Adobe’s full suite of additional desktop, server and cloud-based products. All cloud-based solutions must be FedRAMP certified and enable DOI to issue an Authority to Operate at the risk level deemed appropriate by the Department. This ETLA will be structured to allow for any existing DOI licenses to be incorporated into Orders against this DOI-wide ETLA. Any existing maintenance agreements for DOI will be included in the pricing established under this ETLA (see Attachment 2).

2.1. Annual Review of Software Subscription Requirements

The Contractor will provide software maintenance, which includes upgrades to the latest versions of the products as they become commercially available, and basic product support for installations and limited technical support incidents, at no additional cost to the Government. The Contractor will provide notice of update or upgrade availability to the DOI Contracting Officer’s Representative (COR) and designated point of contacts via email.

The Government will evaluate its need to maintain license subscriptions annually, prior to exercising any Option Year. The Government reserves the right to adjust the quantities required over the period covered under this ETLA, with or without prior written notice to, or advance authorization from, the Contractor.

2.3. Existing Adobe Contracts and Agreements

Upon migration of any software requirements onto Orders placed against this ETLA, the terms of this ETLA will supersede any terms and conditions listed on previous ETLA(s)/contractual action(s) through which the software requirements were acquired. The terms and conditions stated in this statement of work shall take precedence over all other terms and conditions.

The Contractor will develop a plan to migrate current requirements from previous DOI Order(s) and Contract(s) to the new ETLA, irrespective of the period of performance of the current ETLA.

The end state of this initiative is to simplify contract administration and property management by having all license support services currently being received, start at the same time and conclude at the same time.

2.4. Rights of Survivorship of the Agreement

This Agreement will survive unto the Contractor, its Successor, rights and assigns. The software and agreement terms and conditions as covered under this agreement will survive this agreement notwithstanding the acquisition or merger of the Contractor by, or with, another entity. Any software name changes, re-packing or merger of similar products that carry forward the same or similar function of the software will be supported with updates, upgrades and new releases under this agreement at no additional cost.

2.5. Audits

In lieu of any audit provisions in the license agreement, the Government may perform internal audits to ascertain and verify numbers of licenses in use. The contractor will cooperate with reasonable internal audit requests for information made by the appointed Contracting Officer’s Representative. The Contracting Officer is the final determinant of the reasonableness of requests.

2.6. Substitution of Discontinued Products / New Products

If at any time during the life of this ETLA, the original manufacturer schedules the products for discontinuation, improvement and/or replacement as reflected on the Contractor’s ETLA, the Contractor will provide recommendations to include the new or revised products under the appropriate line items. Pricing associated with these products will also incorporate discounts equal to or better than the discounts stated in ETLA Price List (Attachment 2) for the products being replaced. Recommendations will be submitted to the Contracting Officer and the Contracting Officer Representative within seven (7) calendar days of the Contractor’s awareness of any product discontinuation, improvement and/or replacement. Improvement of products includes new releases, updates, and upgrades including additional features and functionality, and successor products.

2.7. License Agreement

Software licenses purchased under the proposed DOI-wide ordering vehicle are subject to the licensing provisions of the ETLA terms and conditions, except that notwithstanding any provision to the contrary, licenses are transferable within the DOI and its Bureaus and Offices, subject only to necessary administrative procedures to track the transfer of the licenses. Any ETLA Order issued hereunder will serve as proof of purchase of the license(s) or product(s). Upon validation and receipt of software, customers will be provided an electronic version of the license agreement.

2.8. Transferability of Licenses

Licenses purchased by any DOI Bureau or Office, will be transferable throughout DOI and its Bureaus and Offices. If any DOI Bureau or Office possesses excess, unused licenses for any products or credits for services, those licenses or credits, as applicable, may be transferred to any other Bureau or Office, as needed, at no additional cost or penalty to the DOI. If licenses are transferred, the receiving Bureau or Office is responsible for funding any maintenance required on those licenses.

3 ADOBE SOFTWARE ASSET MANAGEMENT

3.1 Annual Ordering Process

The following DOI organizations are responsible for consolidating and renewing annual subscriptions.

• Interior Secretary Offices o Appraisal and Valuation Services Office (AVSO) o Financial and Business Management System (FBMS) o Interior Business Center (IBC) o Office of Hearings and Appeal (OHA) o Office of the Inspector General (OIG) o Office of the Secretary (OS) o Office of the Solicitor (SOL)

• Bureau of Trust Funds Administration (BTFA)

• Bureau of Indian Affairs (BIA)

• Bureau of Indian Education (BIE)

• Bureau of Land Management (BLM)

• Bureau of Safety and Environmental Enforcement (BSEE)

• Bureau of Reclamation (BOR)

• Fish and Wildlife Services (FWS)

• National Park Service (NPS)

• Office of the Inspector General (OIG)

• Office of the Special Trustee (OST)

• Office of the Surface Mining (OSM)

• Solicitor’s Office (SOL)

• U.S. Geological Survey (USGS)

• Department of the Interior (DOI)*

*Reserved to enable a coordinated, DOI-wide centrally funded project.

3.2 As-Needed Ordering Process

Adobe product licensing options will be made available in three, six and nine month increments as required. The prices are prorated through to the end of the current subscription period. The products purchased on a prorated basis will be added to the list of requirements covered on the next annual subscription term.

3.3 Adobe Order Detail Report

The Contractor shall prepare and maintain an order detail report inclusive of all products and services purchased by all organizations with DOI. The report must be in a tabular and able to be exported to Microsoft Excel. The data must remain current and accurate in order that DOI have the ability to create pivot tables and charts. At a minimum this report must include the following and be made available to DOI at will.

Order Date

DOI

Org

SKU

Product/Service Description

Period of Performance Qty Unit

Price Discounted

Price Revised

Unit Price Extended

Price

DOI Org: See section 3.1 | Period of Performance: See section 6.

Sample table

3.3 Adobe Global Admin Management Console

The Contractor will provide the DOI with a reliable online secure license management portal. The purpose of the portal is to provide an automated process to facilitate the assignment of licenses by user. The ability to track new licenses and avoid duplicative costs through harvesting and redeployment of existing unused assets is important to the DOI’s Bureaus and Offices.

The Contractor will be responsible for the following:

• DOI assigned administrators will have global administrative rights to all levels.

• Each Bureau should have an individual management groups with Bureau specific console views.

• The Contractor will provide the DOI access to a secure, online tracking portal with a main logon page that provides authorized users the ability to view the current inventory of licenses and associated maintenance costs; provide a DOI Bureau/Office-level view by license activity, training, and services; and, create dynamic customized reports.

The DOI will have access to the web-based tool 24 hours per day, seven (7) days per week, and 365 days per year. The Contractor will notify the DOI Program Manager at least 48 hours in advance of any scheduled maintenance outages.

Additionally, the portal will outline all the ETLA terms and conditions, points of contact for purchasing support, and complete ordering procedures.

3.4 Adobe Products Related Support

3.4.1. Product Training Requirements

DOI end-users may require training to make full and efficient use of the products available for purchase under this ETLA. Training requirements encompass all products and services under the ETLA. Training credits or vouchers may be provided as requested by DOI Bureaus or Offices.

Online general Adobe product training will be made available and included to all DOI Bureaus and Offices.

Specialized, or in-depth training requirements will be identified in the ETLA Order for the specific Bureau or Office. The Bureau or Office may require instructor-led training at the Contractor’s facility, on-site at the Government’s site or on-line training. Fee arrangements may be on either a fixed-price per class, or fixed-price per student basis, depending on the circumstances. The Contractor will provide the course work and documentation for such training at no additional cost to the Government. The requirement for training should be available to the Government on an as needed basis.

3.4.2. Adobe Related Professional Services Requirements

The Contractor will provide Adobe related professional services incidental to software purchased under this ETLA in accordance with the labor categories listed in this ETLA. Rates will be fixed and apply throughout the term of the DOI-wide ETLA. Adobe professional services, including consulting services, will be contracted for specific engagements as specified on individual ETLA Orders. The requirement for training should be available to the Government on an as needed basis.

Orders for IT professional services will only be permitted on a firm-fixed price basis – Time and Materials Orders are not permitted under this ETLA.

3.4.3. Adobe ETLA Management and Oversight Requirements

The Contractor will identify a ETLA level Program Manager (PM) in order to provide centralized administration of all Orders placed against the ETLA. There will be no direct cost or charge to the ETLA for the PM’s efforts; there will no ETLA Order directly funding the ETLA-level PM. The Contractor’s PM is required to correspond with the DOI OCIO Program Office in Washington, DC, as necessary to conduct business and be responsive to the business needs of the DOI, in a professional manner.

The Contractor will participate in regular reviews throughout the term of the ETLA. Reviews will be held at least quarterly as scheduled by the DOI COR. During these reviews, the Contractor will report (among other topics) the status of ETLA Orders and any outstanding issues concerning the ETLA. The agenda and presentation will be provided to the Contractor at least one week prior to each meeting.

The Contractor PM, or the designated Assistant PM, will be available to engage in conference calls or on-site meetings as required, within one (1) business day. See Section 4.5. for Contractor travel.

Phone calls placed by the Government ETLA CO or COR to the Contractor’s PM, or designated Assistant PM, will be returned as soon as possible, but not exceeding a two-hour window.

3.4.4. Service Level Agreement (SLA)

The Contractor shall monitor compliance with Adobe’s published service level agreements for each of the product sets. Should a remedy be required, the Contractor shall monitor, manage, and ensure a timely resolution. https://www.adobe.com/legal/service-commitments.html In addition, the Contractor shall subscribe to the following service levels:

https://www.adobe.com/legal/service-commitments.html

SLA Service Description Performance Target Order To Delivery Time Indicates the maximum time (in business days) for an order to be fulfilled and delivered 7 business days

Invoice Accuracy Indicates whether or not an invoice contains the correct information

99% accuracy

4. CONTRACTOR PERSONNEL

4.1. Employee Identification

Contractor employees visiting Government facilities will wear an identification badge that, at minimum, displays the Contractor name, the employee’s photo, name, and badge expiration date.

Visiting Contractor employees will comply with all Government escort rules and requirements.

All Contractor employees will identify themselves as Contractors when their status is not readily apparent and display all identification and visitor badges in plain view above the waist at all times.

All Contractor employees will identify themselves as Contractors when their status is not readily apparent (in meetings, when answering Government telephones, in e-mail messages, etc.) and display the Government issued badge in plain view above the waist at all times.

4.2. Contractor Interfaces

The Contractor and/or his subcontractors may be required as part of the performance of this effort to work with other Contractors working for the Government. Such other Contractors will not direct this Contractor and/or their subcontractors in any manner. Also, this Contractor and/or their subcontractors will not direct the work of other Contractors in any manner.

The Government will establish an initial contact between the Contractor and other Contractors and will participate in an initial meeting at which the conventions for the scheduling and conduct of future meetings/contacts will be established. Any Contracting Officer’s Representatives of other efforts will be included in any establishment of conventions.

4.3. Contractor Personnel

The Contractor will be responsible for managing and overseeing the activities of all Contractor personnel, as well as subcontractor efforts used in performance of this effort. The Contractor's management responsibilities will include all activities necessary to ensure the accomplishment of timely and effective support, performed in accordance with the requirements contained in the statement of work.

4.4. Hours of Operation

Contractor employees performing ancillary support services will generally perform all work between the hours of 8:00 am and 5:00 pm Eastern Time, Monday through Friday, except for Federal holidays observed designated per ETLA Order.

4.5. Travel

Contractor travel may be required to support this requirement. All travel required by the Government outside the Greater Washington DC Metropolitan Area (see OMB Bulletin No. 05- 02 and code 47900) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations (FTR), with no profit or fee applied. The Contractor will be responsible for obtaining written COR approval (electronic mail is acceptable) for all reimbursable travel in advance of each travel event.

For all Orders under the ETLA that require travel, the Government will not reimburse the Contractor for local travel (within the Greater Washington, DC Metropolitan Area). All travel related expenses (including, but not limited to, airfare, lodging, meals, rental cars, and incidental expenses) incurred by the Contractor as a result of performing the services in this SOW will be reimbursed in compliance with the FTR and this ETLA. All travel requests must receive prior written approval from the COR responsible for the ETLA Order. General and administrative (G&A) expenses will not be authorized on travel. Upon completion of travel, all documentation associated with the respective travel will be submitted with the invoice(s).

4.6. Post Award Conference

The Contractor will attend a Post Award Conference (or also known as the ETLA Kick-off Meeting) conducted by the ETLA CO and other DOI officials within 15 business days after the date of award. The purpose of the Post Award Conference, which will be chaired by the CO, is to discuss technical and contracting objectives of the ETLA and discuss all requirements of the

ETLA.

The Post Award Conference will be held at the Government’s facility, located in Washington, DC.

At the Post Award Conference, the Contractor will present a live demonstration of its Online License Tracking Website. The website must be fully active within 20 business days after ETLA award.

4.7. Product Review Meetings

The Contractor’s ETLA level PM will provide centralized administration of all orders placed under this ETLA. Additional functions will include the facilitation of and participation in, annual product review meetings to preview any new products or product versions that may become available during the upcoming year. The Contractor’s PM will also be available to participate in meetings throughout the term of the ETLA as required and update the COR of any new Adobe offerings.

4.8. General Report Requirements

The Contractor will provide all written reports in electronic format with read/write capability using applications that are compatible with the latest Microsoft technology, on as needed basis.

4.9. Section 508 Compliance

Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L.

105-220 under Title IV (Rehabilitation Act Amendments of 1998) all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this ETLA will be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

4.9.1. Section 508 Applicable EIT Accessibility Standards

36 CFR 1194.21 Software Applications and Operating Systems, applies to all EIT software applications and operating systems procured or developed under this work statement including but not limited to Government Off The Shelf (GOTS) and Commercial Off The Shelf (COTS) software. In addition, this standard is to be applied to Web-based applications when needed to fulfill the functional performance criteria. This standard also applies to some Web based applications as described within 36 CFR 1194.22.

36 CFR 1194.22 Web-based Intranet and Internet Information and Applications, applies to all Web-based deliverables, including documentation and reports procured or developed under this work statement. When any Web application uses a dynamic (nonstatic) interface, embeds custom user control(s), embeds video or multimedia, uses proprietary or technical approaches such as, but not limited to, Flash or Asynchronous JavaScript and XML (AJAX) then 1194.21 Software standards also apply to fulfill functional performance criteria.

36 CFR 1194.24 Video and Multimedia Products, applies to all video and multimedia products that are procured or developed under this work statement. Any video or multimedia presentation will also comply with the software standards (1194.21) when the presentation is through the use of a Web or Software application interface having user controls available.

36 CFR 1194.31 Functional Performance Criteria, applies to all EIT deliverables regardless of delivery method. All EIT deliverable will use technical standards, regardless of technology, to fulfill the functional performance criteria.

36 CFR 1194.41 Information Documentation and Support applies to all documents, reports, as well as help and support services. To ensure that documents and reports fulfill the required 1194.31 Functional Performance Criteria, they will comply with the technical standard associated with Web-based Intranet and Internet Information and Applications at a minimum. In addition, any help or support provided in this work statement that offer telephone support, such as, but not limited to, a help desk will have the ability to transmit and receive messages using TTY.

4.9.2. Section 508 Compliance Requirements

36 CFR 1194.2(b) (COTS/GOTS products), When procuring a product, each agency will procure products which comply with the provisions in this part when such products are available in the commercial marketplace or when such products are developed in response to a Government http://www.section508.gov/ solicitation. Agencies cannot claim a product as a whole is not commercially available because no product in the marketplace meets all the standards. If products are commercially available that meets some but not all of the standards, the agency must procure the product that best meets the standards. When applying this standard, all procurements of EIT will have documentation of market research that identify a list of products or services that first meet the agency business needs, and from that list of products or services, an analysis that the selected product met more of the accessibility requirements than the non-selected products as required by FAR 39.2. Any selection of a product or service that meets less accessibility standards due to a significant difficulty or expense will only be permitted under an undue burden claim and requires authorization from the DOI Section 508 Compliance Office.

4.10. Government Furnished Property/Information/Equipment

All materials provided by the Government during the course of this ETLA will remain the property of the Government and will be returned on completion of the ETLA. All information collected by and created for the Government will be deemed the property of the Government and will not be disclosed to outside parties.

4.11. Government Furnished Resources

The Government will provide the workspace, equipment and supplies necessary to perform the on-site portion of Contractor services required under this ETLA in accordance with the FAR clause 52.245-1 – Government Furnished Property – as incorporated by reference under Section 3 of this

ETLA.

4.12. Contractor Furnished Property

The Contractor will furnish all labor, management, supervision, facilities, materials, equipment, quality control and services necessary to fulfill the requirements of these ETLA, except for the Government Furnished Property specified in herein.

4.13. Government Acceptance Period

The COR will review deliverables for their respective ETLA Orders prior to acceptance and provide the Contractor with an e-mail that provides documented reasons for non-acceptance. If the deliverable is acceptable, the COR will send an e-mail to the Contractor notifying that the deliverable has been accepted.

The COR will have the right to reject or require correction of any deficiencies found in the deliverables for their respective ETLA Orders that are contrary to the information contained in the Contractor’s quotation package, or not in accordance with the terms of this ETLA. In the event of a rejected deliverable, the Contractor will be notified in writing by the COR of the specific reasons for rejection. The Contractor will have an opportunity to correct the rejected deliverable and return it per delivery instructions.

The Contractor will have three (3) business days to make corrections and redeliver deliverables after comments are received from the COR.

All other review times and schedules for deliverables will be mutually agreed upon by the parties.

The Contractor will be responsible for timely delivery to Government personnel in the agreed upon review chain, at each stage of the review. The Contractor will work with personnel reviewing the deliverables to assure that the established schedule is maintained.

5. PLACE(S) OF PERFORMANCE

The place of performance or delivery address will be designated in each ETLA Order issued hereunder. The work that is outlined in this Statement of Work (SOW) will be performed at designated DOI offices.

6. PERIOD OF PERFORMANCE

The ETLA period of performance is as follows:

Base Period: August 26, 2024 – August 25, 2025 Option Period 1: August 26, 2025 – August 25, 2026 Option Period 2: August 26, 2026 – August 25, 2027

7. CONTRACT TYPE

This ETLA shall be awarded as an Indefinite Delivery Indefinite Quantity contract that allows firm-fixed price orders.