FINAL UCF PWS Clauses - Electronic Media.doc

PART I - THE SCHEDULE

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. CONTRACT SUMMARY

This contract consists of a base period and nine (9) option periods. The contract will be an indefinite-delivery, indefinite-quantity (IDIQ) contract with fixed-price hourly rates. Task orders will be issued on a fixed-price basis. The time periods of this contract are as follows:

Base Period:

Date of award through 12 consecutive months.

Option Period I:

Month 13 through Month 24

Option Period II:

Month 25 through Month 36

Option Period III:

Month 37 through Month 48

Option Period IV:

Month 49 through Month 60

Option Period V:

Month 61 through Month 72

Option Period VI:

Month 73 through Month 84

Option Period VII:

Month 85 through Month 96

Option Period VIII:

Month 97 through Month 108

Option Period IX:

Month 109 through Month 120

B.2. CONTRACT MINIMUM/MAXIMUM

(a) The minimum amount the Government is obligated to order during the term of the contract is $500,000.00.

(b) The maximum amount of the contract will be established at time of award.

B.3. HOURLY RATES AND UNIT PRICES

The hourly rates and unit prices set forth in this section for all line items are fixed for the duration of the contract. Hourly rates shall be fully loaded to include benefits, payroll taxes, vacation, sick leave, overhead general and administration, office expenses and profit. (See Appendix 8) Travel Costs Actual expenses are limited by the Government Travel Regulations and must be pre-approved by the COTR.

B.4. LABOR CATEGORY DESCRIPTIONS

The Contractor shall propose appropriate labor categories in accordance with the Performance Work Statement and required Tasks.

B.5. TASK ORDERS

The Government will issue task orders under this contract on a fixed-price basis in accordance with Section H.7.

SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT (PWS)

C.1. BACKGROUND

The Homeland Security Act of 2002 split the functions of the former Treasury Bureau of Alcohol, Tobacco and Firearms (ATF) into to two separate agencies. The regulated enforcement functions for firearms and explosives were transferred to the Department of the Justice as the Bureau of Alcohol, Tobacco, Firearms and Explosives, while the tax collection functions remained with the Department of the Treasury as the newly created Alcohol and Tobacco Tax and Trade Bureau.

The document and knowledge management functions that were once provided by ATF were transferred to the Department of Justice with ATF. TTB was charged with developing comprehensive programs and services to meet our knowledge management needs. TTB has since established a comprehensive Web Services program to include Web maintenance, upgrades, and application installation, as well as managing and developing electronic media products. We are seeking a Contractor to develop and maintain electronic media, including our Websites that will consolidate some administrative functions and gather and disseminate information electronically.

The Knowledge Management Staff (KMS) manages the tools and resources that provide an assortment of information for TTB personnel, including statutory, regulatory, management guidance, and technical references. These resources cover materials including commercially available reference materials, Government Printing Office publications, TTB-issued publications and directives, and other printed documents. TTB is making these materials available electronically via the Websites, as well as industry specific information on a DVD, which will be updated and distributed semi-annually.

· TTB.gov – Major users of the TTB Internet site include members from the alcohol and tobacco industries who rely on TTB to provide the regulations and guidance on manufacturing, storing, labeling, and the taxation of these products. There are approximately 4,750 Web objects, 360 images, and 61,300 links contained on TTB’s Internet site. On average TTB.gov receives 115,700 visitors per month. While some of these industry members are from the large corporations that have sophisticated systems and adequate staffing to accommodate the volume of production, many are small entities or individuals seeking assistance in starting a business or importing alcohol products. The TTB Internet site plays an integral role in supporting the agency’s mission. It is critical that the Website be maintained as a resource for its users and that its tax, scientific, and regulatory components represent TTB accurately. Therefore, the TTB public site must be designed to meet the needs of a vast group of users. Other key users of the TTB Internet include the general public, researchers, Congressional members, other government agencies, and Department of the Treasury employees.

TTBWeb– The TTB Intranet is the central point of communication for TTB employees. TTB is comprised of approximately 550 employees with more than half working outside of the Headquarters offices. There are approximately 2,200 Web objects and 66,500 links contained on TTB’s Intranet site. On average TTBWeb receives 32,100 visitors per month. The TTB Intranet must be designed and maintained as a comprehensive and easy-to-navigate repository for the most current information for TTB employees.

Standalone Databases – TTB maintains four standalone Microsoft Access databases that centralize the Bureau’s internal work processes (e.g., researching, preparing correspondence, calculating costs). These systems include:

TTB SharePoint Portal – TTB is in the process of standing up a Microsoft SharePoint Intranet portal to facilitate collaboration among TTB employees and supply access to information that is essential to the Bureau’s goals and processes. Over time, it is expected that the content on TTBWeb will transition to the SharePoint Portal and the administration of content on the team/office sites will be handled by site administrators and users within the respective office.

C.1.1. Introduction

This PWS is to establish electronic media services and products in support of TTB’s information management needs. This PWS provides requirements for content management and upgrade of the TTB digital reference library and the regulated industry DVDs; content management and ongoing maintenance for the two TTB Websites, www.TTB.gov (Internet) and TTBWeb (Intranet), and maintenance on standalone database systems; and a site administrator for TTB’s SharePoint Intranet portal. These services and products are needed to manage internal programs and to keep TTB industry members abreast of our most recent regulations, policies and procedures.

C.2. OBJECTIVE

This project includes maintenance and upgrades to existing TTB electronic media products including the Websites, TTBWeb and TTB.gov. The Contractor is responsible for identifying and, when applicable, developing, testing, and deploying new electronic media products to meet TTB’s objectives. The Contactor will work closely with TTB’s technical staff to ensure that upgrades and enhancements are compatible with TTB’s architectural enterprise.

C.3. PERFORMANCE WORK STATEMENT

C.3.1. Approach

TTB is a 550-person Bureau within the Department of the Treasury with facilities at four major locations: Washington, DC; Beltsville, Maryland; Cincinnati, Ohio; and Walnut Creek, California. TTB supports approximately 17 small field offices and a substantial mobile workforce operating from homes and industry job sites nationwide, including Puerto Rico. The computing environment consists of a Cisco router, switches, and Virtual Private Network (VPN) concentrators; EMC storage; HP printers; and Windows XP, Windows 2003, and Exchange servers. TTB hosts its Websites and major application systems at two data centers, located in Sterling, Virginia and Highlands Ranch, Colorado. These facilities provide failover and ensure continuity of IT services and applications for TTB users.

The Office of the Chief Information Officer oversees all TTB system development efforts and is organized by three functional areas: 1) Software Development, Maintenance, and Capital Planning, 2) Infrastructure and Enterprise Architecture, and 3) Security and Quality Assurance; which includes configuration management (CM), data management (DM), software management, and independent verification and validation (IV&V). Infrastructure maintains the hardware and network infrastructure in support of Bureau operations. Security is responsible for establishing and ensuring adherence to policies for software and hardware. Enterprise Architecture and Capital Planning manages the organization’s information technology standards and strategic planning efforts. TTB’s Infrastructure operation’s group manages the servers and the Covalant Enterprise Ready Server (ERS) v3.1 operating system that serves the content on TTB.gov and TTBWeb.

The servers hosted at the Sterling production data center include:

· TTB.gov – 2 – SUN V440, 4 processors, 8 GB RAM, 4-72 GB drives, and a Google appliance all contained within a firewall-protected DMZ.

· TTBWeb – 1 SUN V240, 2 processors, 2 GB RAM, 2-36 GB drives, and a Google mini appliance all contained behind TTB’s firewall.

The servers hosted at the Denver data center are for testing/staging and Disaster Recovery for TTB.gov and TTBWeb. This includes:

· 1 - SUN v440, 4 processors,

· 8 GB RAM, and

· 4-73 GB drives.

C.3.2.

Tasks

Under the supervision of the KMS, the TTB Web Services Team must deliver enterprise-wide electronic media and Web-enabled services to support customers’ needs for high-quality, accurate, and easily accessible information. TTB has a need for a Contractor to provide expertise in support of this requirement. This PWS outlines the specific requirements. During the life of this contract in accordance with the specified performance standards and the Quality Assurance Surveillance Plan, the Contractor shall perform these tasks.

C.3.2.1 Website Management

TTB requires a Contractor to meet a variety of Web management and development challenges to ensure the integrity, reliability, and functionality of the two TTB Websites. The Contractor shall meet the Knowledge Management Staff mission objectives (Appendix 1) and be expected to recruit and retain a workforce capable of meeting future challenges as Web trends changes. The Contractor shall estimate and project Web expansion and participate in Web implementation and requirements meetings and Web working groups. The Contractor and the Website manager shall have extensive experience in Website design, instructional design, organization, and management. The Contractor and Website manager shall also have knowledge of writing for the Web and of alcohol and tobacco manufacturing terminology.

Website Development. The Contractor shall maintain the development and test environments for TTB.gov and TTBWebsites; produce documentation to support Web projects, identify and develop alternatives; produce Level of Effort (LOE) estimates; plans for implementing changes/improvements to the site; identify, documents, and shares tools, techniques/processes, and best practices for developing and posting web pages and scripts; work with TTB Subject Matter Experts (SMEs) and business owners to assist them in facilitating process standardization, institutionalization, and site improvements; follow up on technical questions/issues with other Office of the Chief Information Officer (OCIO) Support personnel, other Knowledge Management support.

Web Technical Support and Maintenance. The Contractor shall maintain the Web Development Lab at an approved facility; define and document workflow process for testing new Web development projects; ensure integrity of the Web servers in the TTB data center environment; develop disaster recovery and risk assessment plans; retain links to TTB’s major application systems and Web applications Foresee Web Survey, etc.); maintain the development and test environments for TTB.gov (Internet) and TTBWeb (Intranet) sites; respond to and follow up on technical questions/issues with TTB’s information technology support personnel; produce documentation to support Web projects.

The Contractor shall provide support to TTB’s Infrastructure and operation’s organization to facilitate the timely upgrade of the operating system platform to the latest release of Covalent ERS and the periodic OS patching and upgrades that are required in order to maintain a secure and reliable operating environment. The Contractor shall also provide support, as needed, in refreshing the hardware that supports TTB’s Internet and Intranet environments. This includes providing support in facilitating the smooth and transparent transition of the content to the new servers while minimizing disruptions to TTB’s Internet and Intranet stakeholder community

The Contractor shall participate in bi-weekly status review meetings with the Software Development and Maintenance organization in order to provide updates on programs and initiatives that the Web team is involved with and identify any potential overlaps and areas where OCIO technical support may be required.

Web Analysis. TTB must measure customer satisfaction and Web usage through usability performance metrics, analyses of Web traffic reports, and other Web analytics such as customer satisfaction data. The Contractor shall conduct research and identify technologies for citizen relationship management, Web analytics, performance management and usability and evaluate alternatives to support Website operations and strategic development. The Contractor shall perform quantitative and qualitative analyses to identify methods and practices for mining customer usage information from a variety of resources including Website traffic statistics, Web logs, usability testing data provided by third-party vendors (Maxamine, Google Analytics, Web Trends), online surveys, focus groups, and other sources. The Contractor shall analyze the information and make recommendations for improving the delivery of information to Web visitors. As necessary, the Contractor shall participate in usability testing projects and analysis of E-Government solutions and assist in training and mentoring staff on usability trends.

Content Management. Content for the TTB Websites are written and developed by the Government’s Knowledge Management Staff who have little or no HTML knowledge. The sites are updated several times a day and require expert knowledge in Website development including Web authoring software such as Dreamweaver and knowledge of HTML, SHTML, and XHTML languages.

The Contractor shall develop and manage content and design the look and feel of the TTB Websites. The Contractor shall make and manage content changes including posting to developmental and production sites on TTB.gov and TTBWeb. This includes providing web-based technologies for Web development; supporting new software; creating Web pages; updating existing content; designing templates and testing changes; migrating and/or archiving content to another Web source (e.g., SharePoint or an electronic recordkeeping system).

TTB SharePoint Portal. TTB’s OCIO is deploying Microsoft Office SharePoint Server 2007 to facilitate collaboration among TTB employees and supply access to information that is essential to the organization’s goals and processes. The Web Team requires a SharePoint site administrator to manage and publish content for the TTB SharePoint homepage. The Web Manager and SharePoint Administrator shall master the fundamentals of working with the latest version of Windows SharePoint Services, creating and managing SharePoint sites and Web Parts, including working with lists and libraries. The Contractor shall contribute content to existing workspaces and set up and manage the TTB SharePoint homepage and other KMS team or project Web spaces. The Administrator shall work with collaboration features to create surveys, discussion boards, wikis, and blogs. The Web Manager and SharePoint Administrator shall be proficient in Microsoft Office Excel, Office Access, Office InfoPath, and Office Outlook in Windows SharePoint Services.

C.3.2.2.

Web Based Training (WBT)

TTB has a need to expand training options for employees as well as industry members beyond in-person sessions and seminars. The Contractor shall develop and maintain at least four (4), but no more than ten (10) WBT courses based on materials provided by the Government to meet TTB’s training requirements and the need to familiarize industry members with business operations and compliance. The WBTs will be uploaded on TTB’s Website and copied on a CD/DVD. The Contractor shall provide a course design document to TTB to include Government-furnished materials assessment, course overview, instructional design concept, and technical specifications. Upon approval of the course design document, the Contractor shall develop and produce the WBT to include TTB provided resources graphics, photographs, voiceover, and video elements to self-teach users. The Contractor shall provide routine maintenance and technical updates to WBT including design, program fixes, and minor software enhancements to correct problems or implement enhancements. Contractor shall develop all WBT in compliance with the Standard Guidelines specified in item 13 of this PWS. The Contractor shall test software changes and functionality, software installation and upgrades shall be in accordance with TTB Baseline Enterprise Architecture v3.0. (Appendix 2)

C.3.2.3.

CD/DVD Development

The KMS collects, manages, and disseminates an assortment of information in print and electronic formats. This information includes statutory, regulatory, management guidance and technical references. TTB must continue updating and distributing the TTB regulated industry CD/DVDs semi-annually to meet the increasing needs of industry members who have come to rely on this source. The CD/DVDs contains the necessary and desired information for each industry in an easy and accessible format without an Internet connection.

Regulated Industry CDs/DVDs. The Contractor shall convert Government provided paper copies or other electronic resources to a compatible electronic format, update, and distribute CD/DVDs to TTB. Depending on the volume of the material, the Government will decide which media product (CD or DVD) will be used for producing and distributing the product. The Contractor shall develop, produce, and distribute CDs/DVDs on a semi-annual basis for wine, beer, distilled spirits, industrial alcohol, tobacco, and firearms and ammunition excise tax industries (no more than 4 industries per year). TTB anticipates at least 2,000 copies, but no more than 16,000 per year.

TTB Digital Reference Library (DRL). The Contractor shall provide the quick digital reference library for field personnel. The DRL allows easy access to TTB reference material and documents without an Internet connection. Desktop access to DRL allows field personnel to connect to the resource without a DVD or the Internet. Updates can occur more often (monthly) via the TTB Intranet. The Contractor shall maintain freshness and viability of the DRL’s content and interface functionality. The Contractor shall track changes to DRL content, including forms, industry circulars, directives, orders, publications, regulations, and the like. The Contractor shall ensure that self-installing update package is available to users via the TTB Intranet for monthly content updates.

C.3.2.4.

Electronic Document Management

Occasionally, TTB has specific requirements to convert hard copy files into an electronic format for posting to the Websites, integrating into existing databases, or other TTB systems. These files may be forms, large quantity of comments received on rulemaking projects, and archival copies of publications. TTB will provide the Contractor with hard copies of files and the Contractor shall edit based on changes provided by TTB and convert information into an electronic form and produce a master CD/DVD from which TTB can make copies.

C.3.2.5.

Database Management

The TTB standalone Microsoft Access Databases have centralized our work processes (e.g., researching, preparing correspondence, calculating costs) to make more efficient use of time and financial resources. The Contractor shall manage information and continue the maintenance and upgrades on the four (4) existing databases listed below. On a monthly basis the Contractor shall conduct software and functionality testing through the COTR and TTB’s Project Coordinators. The Contractor shall provide functional support, software design, program bug fixes, and minor software enhancements to correct problems, or meet new requirements. The contactor shall develop or update technical documentation and related information systems processes and requirements; and provide user familiarization sessions covering system/procedures changes, including written manuals or guidance.

Freedom Of Information Act (FOIA) Tracking System. Contractor shall maintain this system that tracks incoming FOIA requests, appeals, calculate costs, and records processing time to produce an annual report.

Document Services Database. Contractor shall maintain this system that manages information on forms revision and renewal through the Office of Management and Budget, and information collection activities; maintains and tracks printing and graphics requests sent to Main Treasury or to the Government Printing Office; manages and tracks the Directives System; and produces reports.

Regulations and Rulings Division (RRD) Assignment Tracking System. Contractor shall maintain this system that tracks Congressional inquiries, incoming correspondence, and rulemaking projects.

Knowledge Management (KM) Project Database. Contractor shall maintain this system that manages a variety of KM long-term and short-term projects for each program area (KM initiatives, records management, Web services, information resources, printing and graphics, and forms management).

C.3.2.6.

Transition Assistance

TTB must transfer the tasks and responsibilities from the previous Contractor to the new Contractor. The two Contractor teams shall work in tandem with TTB through the COTR in ensuring that the shift of responsibilities is not interrupted or delayed. The Contractor shall spend no more than 30 days after contract award gathering TTB documentation and working in conjunction with the previous Contractor to transition the responsibilities with minimal or no interruption of current services and products. The Contractor shall provide a transition plan to include a schedule within the first 30 days after contract award.

C.3.3.

Office Location and Technical Capacity

The Contractor shall perform all work at the Contractor’s approved location. The Contractor shall respond to requests Monday through Friday (except for Federal holidays) 9 a.m. to 6 p.m. ET. The Contractor shall be available to travel at actual cost to attend meetings at TTB Headquarters, 1310 G Street, NW, Washington, DC 20220 twice a year with at least a two week notice.

C.4. REPORTING REQUIREMENTS

In addition to the applicable requirements, the Contractor shall provide the following deliverables and reports:

Status Reports. Progress reports must be submitted to the COTR no later than close of business of the last workday of every week. The Contractor shall submit reports on the prime Contractor’s letterhead and include milestones, proposed schedule, status, explanation (when applicable) and be accompanied by a copy of that week’s breakdown of current hours spent on each task, estimated billable, ODCs, cumulative hours and cumulative billable. Failure to provide reports correctly will cause resubmission by your company. The Contractor shall provide a monthly report no later than close of business on the 5th of the following month. The monthly report must be submitted on the prime Contractor’s letterhead and accompanied by a copy of that month’s invoice. The monthly report will include the items identified above.

Other Reporting Requirements. In addition to the Status Reports, the Contractor shall provide the following:

Problems. The Contractor shall bring problems or potential problems affecting performance to the attention of the COTR as soon as possible. Verbal reports will be followed up with written reports, as necessary.

Additional Reports. Additional written reports may be required and outlined.

SECTION D - PACKAGING AND MARKING

D.1. PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information and materials to the Contracting Officer (CO) or the COTR shall be paid by the Contractor unless mutually agreeable alternate arrangements are made between the COTR and the Contractor.

D.2. PREPARATION FOR DELIVERY

All items shall be packaged in accordance with normal commercial practice.

D.3. MARKING OF SHIPMENTS

To facilitate identification, the Contractor and each subContractor making shipments to the Government shall mark each piece, bundle, or container (inside and outside) with the Government contract number, including task order number and mark all shipments in accordance with normal commercial practice.

SECTION E - INSPECTION AND ACCEPTANCE

The following clauses are incorporated by reference:

E.1. 52.246-2

INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996)

E.2. 52.246-4

INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

E.3. 52.246-16

RESPONSIBILITY OF SUPPLIES (APR 1984)

E.4. INSPECTION AND ACCEPTANCE

Services rendered will be inspected for acceptance by the COTR in accordance with the Quality Assurance Surveillance Plan (QASP) (Appendix 7). The Contractor shall deliver the services and products under this contract to meet the Government’s deliverable acceptance criteria.

Services and Products. Contract shall be in accordance with the task(s) described in Section C, deliver the following:

· Redesigned or updated Website;

· Web analytics reports (ASCI, Maxamine, GovDelivery);

· Web based training;

· Monthly maintenance on Databases - No later than the 5th of each month;

· Beer Industry CD/DVDs - at least 2,000 copies, but no more than 10,000;

· Wine Industry CD/DVDs - at least 2,000 copies, but no more than 10,000;

· Distilled Spirits CD/DVDs - at least 2,000 copies, but no more than 10,000;

· Tobacco Industry CD/DVDs - at least 2,000 copies, but no more than 10,000;

· Industry Alcohol Industry CD/DVDs - at least 2,000 copies, but no more than 10,000;

· Monthly push of updates to DRL - no later than the 5th of each month;

· Weekly status report by COB on the last workday of each week; and

· Monthly status report by the 5th of the following month.

Deliverables Acceptance Criteria. The Deliverables Acceptance Criteria below represents the standard criteria the Government will use for inspection and acceptance of deliverables.

Accuracy - Deliverables are accurate in technical content and adhere to accepted elements of style.

Clarity - Deliverables are clear and concise; technical terms are used, as appropriate.

Specifications Validity - All deliverables satisfy the Government requirements specified herein.

Completeness - Deliverables are submitted with all the required information and all products are complete.

Inspection and Acceptance - In the absence of other agreements negotiated with respect to time provided for Government review, deliverables will be inspected and the Contractor notified of the COTR’s findings within 5 workdays of normally scheduled review. If the deliverables are not acceptable, the COTR will notify the Contractor.

Ship To - Unless otherwise specified, all deliverables/work products shall be provided to the COTR no later than 5 p.m. local time on the date(s) specified in the delivery schedule. If and when TTB requests, deliverables shall also be provided to a designated Government project manager.

E.5. RECORDS

The Contractor shall maintain and provide the CO and the COTR access to all documents and records for services performed during the contract. The Contractor shall comply with requirements in FAR 4.7, Contractor Records Retention.

E.6. QUALITY CONTROL

The Contractor is required to immediately notify the COTR of problems or situations that could negatively impact compliance with the provisions of the contract and task order and to inform the COTR of the plan the Contractor will implement to resolve problems. The Government considers the successful outcome of this project to be delivery of the required functionality and products in a manner that meets TTB’s performance standards relative to cost, schedule, deliverables quality, and program management.

E.6.1. Quality Control Plan (QCP)

The Contractor shall establish and maintain a complete QCP to ensure that all the requirements of the task order are provided as specified. The QCP shall describe the methods for identifying and preventing problems before the level of performance becomes unacceptable. One copy of the Contractor’s final QCP shall be provided to the Contracting Officer (CO) within 30 days after contract award.

E.6.2. Quality Assurance Specialist

A Quality Assurance Specialist shall be designated for this contract.

SECTION F - DELIVERIES OR PERFORMANCE

The following clauses are incorporated by reference:

F.1. 52.242-15

STOP-WORK ORDER (AUG 1989)

F.2. 52.242-17

GOVERNMENT DELAY OF WORK (APR 1984)

F.3. 52.247-34

F.O.B. DESTINATION (NOV 1991)

The following clauses are incorporated in full text:

F.4. 52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase

10 Percent decrease

This increase or decrease shall apply to CDs / DVDs.

F.5. DELIVERABLES

In addition to the deliverables outlined in the Performance Work Statement, C.4, deliverables associated with Tasks, see C.3.2. will be identified in task order issued under this contract.

F.6. PLACE OF DELIVERY

Delivery of all items to the COTR shall be made to the address specified in the contract, G.3.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1. CONTRACTING OFFICE REPRESENTATIVES

Contracting Officer: Jane Oney

Alternate Contracting Officers: Tammie Johnson and Gina Hanna

Contract Specialist/Administrator: Michelle Clegg

Address:

Department of the Treasury

Bureau of the Public Debt

Division of Procurement, Avery 5F

200 Third Street

Parkersburg, WV 26101-1328

E-mail Address: psb3@bpd.treas.gov Telephone: (304) 480-7129

Fax: (304) 480-7204

G.2. CONTRACT ADMINISTRATION

In no event shall any understanding or agreement, contract modification, change order, or other matter in deviation from the terms of this contract between the Contractor and a person other than the Contracting Officer be effective or binding upon the Government. The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the discretion of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in the costs incurred as a result thereof.

G.3. DTAR 1052.201-70 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) APPOINTMENT AND AUTHORITY (APR 2004)

(a) The contracting officer's technical representative is to be named at time of award.

(b) Performance of work under this contract must be subject to the technical direction of the COTR identified above, or a representative designated in writing. The term stechnical direction" includes, without limitation, direction to the Contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the specification(s)/work statement. The COTR does not have authority to issue technical direction that:

(1) constitutes a change of assignment or additional work outside the specification(s)/work statement;

(2) constitutes a change as defined in the clause entitled sChanges";

(3) in any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) interferes with the Contractor's right to perform under the terms and conditions of the contract; or

(6) directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COTR shall confirm oral direction in writing within five work days, with a copy to the contracting officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COTR. If, in the opinion of the Contractor, any direction of the COTR, or his/her designee, falls within the limitations in (c), above, the Contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled sDisputes."

G.4. INVOICE REQUIREMENTS

(a) The Contractor shall render invoices in arrears upon acceptance by the COTR of each task order, or specific deliverable in a task order. The Contractor may render invoices in arrears as work is performed, but not more frequently than monthly unless authorized at intervals that are more frequent by the Contracting Officer. Work performed under multiple task orders cannot be combined into a single invoice. The Contractor shall retain a copy of all invoices for inspection upon request by the Contracting Officer.

(b) Invoices shall be submitted electronically. Protected Microsoft Excel files are the preferred format, however, Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are also acceptable. The email address will be provided at contract award.

(c) A proper invoice must include the following information and/or attached documentation:

(1) Name of the business concern and date of invoice.

(2) Contract number or other authorization for delivery of property or services.

(3) Task order number, description, price, quantity of services actually delivered or rendered, and the date thereof.

(4) Shipping and payment terms.

(5) Name, title, and phone number of responsible official preparing the invoice.

(6) Name and signature of Contractor’s certifying official, title, phone number, and complete mailing address of responsible official to whom payment is to be sent.

(7) Documentation supporting time billed (i.e. copies of time sheets or an itemization of hours worked, and description of tasks performed), subContractor’s invoices, or any other documentation supporting the invoice.

(d) Invoices will be paid upon receipt and after certification by the COTR.

G.5. CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence (with the exception of invoices) shall be subject to the following procedures:

(a) Technical correspondence shall be addressed to the COTR.

(b) All other correspondence shall be addressed to the Contracting Officer.

G.6. PRICING OF ADJUSTMENTS

When costs are a factor in any determination of a contract price adjustment pursuant to the “Changes” Clause, or any other clause of this contract, such costs shall be in accordance with the contract cost principles and procedures in Part 31 of the Federal Acquisition Regulation (48 CFR 31) in effect on the date of the contract award.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1. PUBLIC RELEASE OF INFORMATION PERTAINING TO THIS CONTRACT

Any proposed public release of information pertaining to this contract or the work called for hereunder shall be submitted to the Contracting Officer for approval prior to release. No information shall be released without written approval from the Contracting Officer.

H.2. PERSONNEL SECURITY REQUIREMENTS

The Government may require Contractor personnel to complete and sign a Non-Disclosure Agreement as a condition for granting such personnel access, or potential access, to sensitive or classified information. Work on this project may require that personnel have access to Privacy Information. Contractor personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

The Contractor shall comply with the applicable TTB and Federal Government standards guidelines through the duration of this contract. This project is classified as “sensitive” because of the internal content present on the TTB Intranet site. The Intranet site contains internal policies, procedures, directives, orders and other documents that describe the internal processes and shall not be disclosed outside of TTB. The site also provides information on TTB and Government ethics, budget, security, and links to personnel systems.

Security Requirements - All Contractor-provided work shall conform to the TTB Baseline Security Requirements Handbook (Appendix 3).

Accessibility of Electronic Information Technology - Each Electronic and Information Technology (EIT) product and/or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum (Appendix 4). Further, Section 508 requires that Federal agencies' EIT have comparable access to people with disabilities. The tasks under this contract include services, products or materials that must be 508 compliant. The Contractor shall design and implement products that will conform to Section 508 of the Rehabilitation Act of 1973 by ensuring that all electronic and information technology purchased, maintained, or developed meet the accessibility standards. All information systems and products developed shall be compatible with assistive technology and software. Section 508 Standards have been incorporated in the Federal Acquisition Regulations (FAR), at 29 U.S.C. § 794.d. Additional information concerning Section 508 requirements of the Rehabilitation Act can be obtained at http://www.section508.gov.

Privacy Provisions of the E-Government Act - The Contractor shall develop, design, and maintain products that will conform to the privacy provisions of the E-Government Act of 2002 to ensure privacy in the conduct of Federal information activities. Specifically, Section 208 of the Act requires all Government agencies to:

· Carry out specific activities in the handling of “information in identifiable form,”

· Inform citizens of the policies and practices that apply to online Government services, and

· Have both a “human readable” Privacy Policy and machine readable technology that automatically alerts users about whether site privacy practices match their personal privacy preferences. Machine-Readable Privacy Policy (P3P) is the standard for machine-readable privacy policy.

The Contractor shall maintain the machine-readable privacy policy on the Bureau’s public Website, http://www.ttb.gov/, through testing and validating the P3P policies and deploying, monitoring, troubleshooting, and fine tuning the P3P policies (as appropriate).

TTB Enterprise Architecture (EAD) and EA Technical Reference Model (TRM) - The Contractor shall design, implement, and maintain products that are in compliance with the TTB Baseline Enterprise Architecture (EA) v3.0 (Appendix 2) and the TTB Target Enterprise Architecture v3.0 (Appendix 5). These standards define the approved software used to support development and system architecture. The software standards to be used for system development will be those that are defined in the TTB EA Document or agreed to prior to issuing of task order. A list of TTB Approved Software is contained in Appendix 6.

Sharable Content Object Reference Model (SCORM) Compliance - The Contractor shall develop all Web based training products in compliance with the SCORM Version 1.2. The Contractor shall provide a plan for migrating WBT material to SCORM conformance. The Contractor shall self-test the product and content and certify in writing that it meets the SCORM requirements.

H.3. INTERPRETATION OF CONTRACT REQUIREMENTS

If the Contractor finds clarification necessary with respect to the scope of the services to be performed or manner in which the services are to be performed hereunder, he/she shall request such clarification from the Contracting Officer. No interpretation of any provision of this contract, including applicable specification, shall be binding on the Government unless furnished or agreed to in writing by the Contracting Officer.

H.4. NON-PAYMENT FOR ADDITIONAL WORK

Any additional services or a change to work specified which may be performed by the Contractor, either at his own volition or at the request of an individual other than a duly appointed Contracting Officer, except as may be explicitly authorized in the contract, will be done at the financial risk of the Contractor. Only a duly appointed Contracting Officer is authorized to bind the Government to a change in the specifications, terms, or conditions of this contract.

H.5. INDEMNIFICATION

The Contractor shall indemnify and hold harmless the Government and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, and/or liability resulting from, brought for, or on account of any personal injury or property damage received or sustained by any person or property growing out of or attributable to any work performed under or related to this contract, regardless of whether such claims, loss, damage, actions, expense, and/or liability may be attributable to the fault, failure, or negligence of the Contractor.

H.6. NONPERSONAL SERVICES

The Contractor agrees that this is a non-personal services contract; that for all the purposes of the contract the Contractor is not, nor shall he/she hold himself/herself out to be, an agent or partner of, or joint venture with, the Government; and that he/she shall neither supervise, nor accept supervision from, Government employees.

H.7. ORDERING

H.7.1. Task Proposal Requests A request for services shall be initiated by the submission of the “Task Under Contract” form (Appendix 9) by either the COTR or the Contractor. Such requests may be issued by facsimile, or by electronic commerce methods at any time during the term of this contract.

(a) The task proposal request will specify, at a minimum, the following information:

(1) A description of the work to be performed

(2) The desired period of performance or required completion date

(3) Reporting requirements and deliverables

(b) Acceptance of task proposal requests will result in task orders subject to the terms and conditions of this contract. In the event of a conflict between a task order and this contract, the contract shall prevail.

(c) The Contractor shall not proceed with any work under a proposed task order unless authorized by the Contracting Officer. Each task order will indicate an effective date which shall be considered the start date as far as the determination of due date(s) for deliverables is concerned.

(d) The task proposal request neither commits the Government to pay any costs incurred in the submission of any proposal or in making necessary studies for the preparations thereof, nor does it commit the Government to issue a task order for such services. The Contracting Officer is the only individual who can commit the Government to the expenditure of funds in connection with this contract.

H.7.2. Task Proposals/Authorization

(a) The Contractor shall provide a written response to the task proposal request within ten calendar days, unless otherwise specified in the task proposal request. The Contractor’s written response shall consist of the following:

1) A technical proposal specifying the Contractor’s approach to performing the required work

2) A detailed work schedule identifying all significant milestones and deliverables

3) The Contractor shall complete the “Contractor’s Estimated Task Cost” portion of the Task Under Contract form. The price proposal for the required work shall be either on a firm-fixed price or time-and-materials basis. The price shall be calculated using the appropriate hourly rates specified in Appendix 9. The Contractor shall identify each category of labor required to perform the work and the corresponding number of hours for each category. Any travel estimate shall be priced in accordance with FAR 31.205-46, i.e. shall be reasonable and shall itemize transportation, lodging, and meal charges.

(b) The Government may enter into discussions with the Contractor regarding the task proposal for purposes of negotiating the technical approach, proposed staffing hours, or any other issues.

H.7.3. TASK ORDERS

Should the Government determine to proceed with the work identified in the task proposal request, a task order will be issued by the Contracting Officer to specify the work to be performed by the Contractor. All task orders will be unilateral, not requiring the Contractor’s signature. Task orders may be transmitted via facsimile. At a minimum, each task order issued under this contract will include the following:

(a) A task order number

(b) A description of the work to be performed

(c) The work schedule, period of performance, or required completion date

(d) The reporting requirements and deliverables

(e) The not-to-exceed amount for time-and materials orders to complete the requirements

(f) The obligation of funds

(g) The payment schedule/terms

H.8. REASSIGNMENT AND REPLACEMENT OF KEY CONTRACTOR PERSONNEL

The Contractor shall maintain an adequate work force to complete work in accordance with the time and quality standards specified herein. All personnel are considered key in performance of these requirements. Prior to diverting the specified individuals to other projects, the Contractor shall notify the COTR 30 days in advance and at the same time shall submit proposed substitution personnel to permit evaluation of the impact on the TTB program. The Contractor shall make no diversion without written consent of the COTR.

Contractor personnel shall be qualified to perform the services as described in each task order. Resumes describing the qualifications of the Contractor’s key staff (i.e., partners, directors, managers, supervisory personnel, etc.) and specialists shall be submitted as part of the response to a task request. Substituted key staff shall have similar or better qualifications as those whom they replace and shall be approved by the COTR in advance of substitution.

h.9. COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS)

(a) The Contractor shall comply with all-

(1) Local laws, regulations, and labor union agreements governing work hours; and

(2) Labor regulations including collective bargaining agreements, workers' compensation, working conditions, fringe benefits, and labor standards or labor contract matters.

(b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract.

(c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting Officer.

H.10. CONFLICTS OF INTEREST

The Contractor shall disclose to the TTB immediately in writing any material financial, personal, or professional relationships between the Contractor or a member of the Contractor’s staff, on the one hand, and a grantee, proponent, or prospective proponent, on the other. The Contractor shall not accept any compensation from grantees, proponents, or prospective proponents, without the express written authorization of the Foundation.

H.11. OWNERSHIP OF PROPERTY

Any materials, equipment, or other property acquired in the course of performing this contract shall be deemed property of the Contractor, unless otherwise agreed to in writing by the COTR and Contractor.

H.11.1 Government Furnished Property (GFP)

TTB will provide to the Contractor for use through the duration of this contract:

· Logical and physical access to the TTB environment;

· Access to TTB’s tools that are used for Website development including Dreamweaver, the test and production servers that host TTB’s websites, Dimensions;

· At least two (2), but no more than four (4) configured laptop/desktop PCs with TTB’s base image;

· Secured network authentication devices (RSA device);

· Web servers and software including upgrades and parts and maintenance

· Standard Operating Procedures, applicable regulations, manuals, texts, briefs, and other written materials associated with this task order; and

· Training for key personnel on existing Web software and applications.

H.11.2 Contractor Furnished Products

Except for those items or services specifically stated as GFPs in Section H.11.1., the Contractor shall furnish everything required to perform this contract.

H.12. GOVERNING LAW

This contract shall be governed by the law of the United States of America.

H.13. PAST PERFORMANCE EVALUATION

This contract is subject to a performance evaluation.