CB20-RFQ0001 Web Hosting Services - Final.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

CB20-RFQ0001

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/20/2019

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls) 202-226-9850

8. OFFER DUE DATE / LOCAL

TIME

02/7/2020 12:00:00

CODE AOCBO

Acquisitions Office Congressional Budget Office 425A FHOB 2nd & D Streets, SW Acquisitions@cbo.gov Washington, DC 20515

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

SSCBOCODE15. DELIVER TO

Congressional Budget Office, Supply Store 2nd and D Streets, SW Room 476 FHOB Washington, DC 20515-0001

CODE AOCBO16. ADMINISTERED BY

Acquisitions Office Congressional Budget Office 425A FHOB 2nd & D Streets, SW Acquisitions@cbo.gov

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

AOCBOCODE18a. PAYMENT WILL BE MADE BY Congressional Budget Office Office of Financial Management invoices@cbo.gov OR Fax: 202-226-3879 Washington, DC 20515

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

See Line Item Detail

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: CB20-RFQ0001 Page 1 of 17

518210

$35M

Section 1 - Continuation Sheet

Number Supplies or Services Quantity Unit Unit Price Total ( Inc. disc., tax, and fees)

1 Base Year: Web Site Hosting 12.000000 MONTH

Period of Performance: 04/01/2020 - 05/31/2021

Description: Contractor shall provide a fully managed enterprise Drupal hosting solution for the agency’s public-facing website. See Statement of Work for details.

2 Option Year 1: Web Site Hosting 12.000000 MONTH

Period of Performance: 06/01/2021 - 05/31/2022

Description: Contractor shall provide a fully managed enterprise Drupal hosting solution for the agency’s public-facing website. See Statement of Work for details.

3 Option Year 2: Web Site Hosting 12.000000 MONTH

Period of Performance: 06/01/2022 - 05/31/2023

Description: Contractor shall provide a fully managed enterprise Drupal hosting solution for the agency’s public-facing website. See Statement of Work for details.

4 Option Year 3: Web Site Hosting 12.000000 MONTH

Period of Performance: 06/01/2023 - 05/31/2024

Description: Contractor shall provide a fully managed enterprise Drupal hosting solution for the agency’s public-facing website. See Statement of Work for details.

5 Option Year 4: Web Site Hosting 12.000000 MONTH

Period of Performance: 06/01/2024 - 05/31/2025

Description: Contractor shall provide a fully managed enterprise Drupal hosting solution for the agency’s public-facing website. See Statement of Work for details.

Document Number: CB20-RFQ0001 Page 2 of 17

Solicitation No. CB20-RFQ0001 Page 3 of 17

Part 2 – Statement of Work

2.1 Purpose

The Congressional Budget Office (CBO) has a requirement for a contractor to provide a fully managed enterprise Drupal hosting solution for the agency’s public-facing website. CBO’s website currently runs in Drupal 8 and requires a hosting solution that offers a highly performant, secure and reliable server infrastructure that is specifically optimized for running Drupal websites. The solution must also include standard and best practice development and deployment workflows and an easy-to-use, developer centered site management dashboard interface.

2.2 Background

The current public website for CBO (https://www.cbo.gov/) is on a fully managed Drupal cloud hosting platform with dedicated dev, test and live environments along with up to 10 multiple remote development environments for feature branch workflow. It has integrated global CDN and HTTPs on all sites and uses New Relic for site monitoring. DevOps operations are done via a dashboard interface where developers also have access to automated daily backups and restore options as well as other features such as visible Git log history, site status and deployment logs. Administrative access to the platform is secured using SSH key based secure authentication and machine token. The CBO website is composer managed and uses Git for version control and Drush as CLI tool. Scaling is managed under the current hosting plan which can accommodate up to 1M monthly visits with unlimited pages served. The site averages 400,000 monthly page views and 300,000 unique monthly page views. The site’s uptime is at 99.9977%, with total appserver response time in the 600 ms range and total time to the browser window at 2.1 seconds.

2.2.1 What works well:

Feature branches in the form of multiple remote development environments have been beneficial to solve the basic problems of parallel development. Developers have the ability to spin up a remote dev environment via the dashboard interface and easily share links to remote dev sites to stakeholders for review and staging. The site’s performance as well as uptime statistics are also within CBO’s requirements. Having access to 24x7 live chat support and 24x7 emergency on-call support also works well for CBO, most especially during high profile releases of reports and estimates.

2.2.2 What does not work well:

Customer support, while responsive, usually involves receiving links on existing documentation and often lacks specific guidance to help solve specific problems. Learning curve is steep for developers who are new to the platform. A sequential onboarding guidance from the provider could be beneficial.

2.3 Requirements

1. Provide a fully managed Drupal hosting solution for CBO’s public website.

2. Hosting solution should utilize U.S.-based hosting and a preference for hosting maintained by U.S.

citizens. FedRAMP certification will be considered but is not required. Offerors can submit pricing for both FedRAMP and non-FedRAMP plans in the price schedule.

3. Hosting solution must include a dedicated dev and test environment.

4. Hosting solution must include multiple remote development environments or feature branches to allow for parallel development and remote staging.

5. Hosting solution will guarantee 99.9% uptime with high availability SLA and must provide a detailed description of its high availability guarantees including load-balancing, redundancies, crossovers and failure detection.

6. Bandwidth must be adequate to sustain the agency’s normal traffic but should also allow for the occasional traffic spikes during high profile report releases and must have built-in automatic scaling feature and monitoring support during those times.

https://www.cbo.gov/

Solicitation No. CB20-RFQ0001 Page 4 of 17

7. CBO has a strong preference for 24x7 customer support including live chat support, phone support and access to a ticket support system with priority routing. Support personnel must be U.S.-based.

8. Hosting solution must provide reliable 24x7x365 server/website monitoring. Escalation during emergency situations a must.

9. Contractor must offer support through documentation and preferably provide developer onboarding and technical training to ensure platform success.

10. Hosting solution must include an easy to use developer dashboard interface to manage the CBO website with the following features:

a. Advanced DevOps operations via dashboard for dev, test and live environments

b. Automated daily backups

c. Developers and CBO Security staff must have the ability to access logs

d. Developers will have the ability to view and download logs

e. Visible git history

f. Manage developer team, generate access tokens and manage SSH authentication keys

g. Site monitoring and status checks

h. Automated alerts during downtime and sitewide failure via email

i. Create sandbox sites or remote development environments

j. On-server development via sftp mode

11. Hosting solution must include preinstalled CLI tools such as Drush, composer, Git and cloud integration tools that allow for running cloud platform hooks or scripts for workflow automation.

12. Hosting solution must be compatible with local development environment tools including Lando for local site and feature development and must offer a reliable upstream workflow and deployment process from the local environment to dev, test, and live.

13. Contractor must offer HTTPS (SSL) certificates for all environments including dev and test environments, with contractor responsible for management of those SSL certificates.

14. Hosting solution must be highly performant and must offer advanced caching capabilities such as Varnish, preferably an integrated global CDN.

15. Hosting solution must be highly reliable and highly secure and provide industry-leading WAF-style rules and must offer DDoS protection filtering to manage denial-of-service attacks, as well as provide protection from malware and other malicious attacks.

16. Hosting solution must include provisions for secure remote (role-based) access and support for SAML integration and enabling security features like multi-factor authentication and single sign-on.

17. Contractor shall provide a description of disaster recovery capabilities, to include rolling back the environment to a previous point in time.

18. Contractor shall provide a detailed description of all security protection provided to include physical protections of the building/computer room, firewalls (both inbound and outbound), antivirus, IDS/IPS, forensics, and packet capture.

19. Security management must be at the highest level and must include OS/server and database upgrades/patches, rapid response to emergency Drupal security incidents with early notification and a plan for and assuring that all patches and upgrades (particularly those related to security vulnerabilities) are up-to-date.

20. CBO has a strong preference for the automated transmission of log data to CBO’s central data collection (SIEM) via TLS encrypted syslog or secure API. CBO security is primarily concerned with access logs for administrative management interfaces, file transfer and shell access logs, and web access and error logs.

21. CBO requires the contractor to provide third-party compliance testing, assessment, vulnerability scans and security review report(s) on a regular basis. The report could be provided in an executive summary format.

22. Contractor shall specify internal methodology for change control of system software.

Solicitation No. CB20-RFQ0001 Page 5 of 17

23. Contractor shall specify a solution for backing up the site to CBO for retention. The solution must include provisions for backup of the entire site (including code, files, and database) to CBO daily, and a full system backup to CBO weekly.

24. Contractor is required to be transparent and shall provide specific incident reporting procedures for issues involving client sites, content, and offer timely notification of security and platform incidents via email or online that impact the contractor’s operations used to provide services to CBO.

25. Contractor shall provide the following external migration services:

a. Platform switch coordination

b. Manage SSL certificates (if applicable, if SSL is managed by provider)

c. Platform administrative account(s) creation

d. Developer onboarding and training on the new platform – support with local development workflow evaluation and re-set up (if needed)

e. Initial migration to dev environment - copy codebase, database, and files to the new platform

f. High level of support during the entire migration process

g. Troubleshoot if any issues occur during the initial and final migration process

h. Manage the DNS switch to the new web host – provide high level of support and monitoring during the switch

i. Provide CBO with review of site performance (first week or first month)

2.4 Government Furnished Equipment and Information

CBO expects that the work on this project will be done off-site. Access will be provided to the appropriate areas of our network. Contractor will also be provided with access to relevant subject matter experts as needed and will receive access to the public site’s CF and SQL Server files.

2.5 Confidentiality

Data and software provided to vendor must remain confidential and must not be used for any other purpose than the development and completion of this project. Data, software, design and work products produced by the vendor are the property of CBO. Contractor personnel working on the project will be required to sign a nondisclosure agreement (see clause CBO 239-01, Security for Confidential Information).

2.6 Base Year Period of Performance

If the contract is awarded to a new contractor, the Base Year of this contract will be for a period of 14 months beginning on April 1, 2020. This will provide time for the new contractor to assist with the migration from CBO’s development environment which shall be completed by May 25, 2020, and go-live on June 1, 2020. All succeeding option years, if exercised, will start on June 1 of each year.

If the contract is awarded to the incumbent, the Base Year of this contract will be for a period of 12 months beginning on June 1, 2020.

Solicitation No. CB20-RFQ0001 Page 6 of 17

Part 3 – Contract Clauses

CBO 201-01 Terms and Conditions Limited (May 2003) This contract expressly limits acceptance to terms and conditions stated herein. Any additional or different terms and conditions proposed by the Contractor are rejected unless expressly agreed to by the Congressional Budget Office (CBO) in writing. If the Contractor commences shipment or performance pursuant to this contract, then the Contractor shall be deemed to have agreed to and accepted this contract in its entirety, including its terms and conditions as set forth herein.

CBO 201-02 Endorsements/News Releases/Advertising (May 2003) The Contractor agrees not to refer to this contract or CBO, in advertising, promotional or any other materials, in such a manner as to state or imply that the products or services provided are endorsed or preferred by CBO or are considered by CBO to be superior to other products or services. No news release, press conference, or advertisement pertaining to this contract will be distributed or broadcast without prior written approval by CBO.

CBO 203-170 Contractor Employee Whistleblower Rights (Dec 2014) The Contractor shall not require any employees or contractors of the Contractor seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

CBO 212-04 Compliance with Laws (Jan 2015) The Contractor shall comply with all applicable Federal, State, and local laws, rules and regulations applicable to its performance under this contract. The Contractor further agrees to hold CBO harmless from any and all liabilities, claims, fines, penalties, including reasonable costs and settlements, which may arise out of the delivery by the Contractor of goods or supplies or the furnishing of services that do not meet the requirements of any applicable laws or regulations.

CBO 217-08 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

CBO 217-09 Option to Extend the Term of the Contract (March 2000)

(a) CBO may extend the term of this contract by written notice to the Contractor within 30 days; provided that CBO gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit CBO to an extension.

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

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

CBO 232-02 Invoice (Oct 2005)

(a) Unless this contract does not require submission of an invoice for payment, the Contractor’s invoices must be submitted before payment can be made. An invoice is the Contractor’s bill or written request for payment under the contract for supplies delivered or services performed. An invoice shall be prepared and submitted to the Office of Financial Management by one of the following methods:

Option 1 Option 2 Option 3 E-mail invoices to:

invoices@cbo.gov

Fax invoices to:

(202) 226-3879

Mail/deliver invoices to:

Office of Financial Management Congressional Budget Office 2nd and D Streets SW Washington DC 20515 Tel: (202) 226-2609

NOTICE: Mailing invoices to CBO’s street address in lieu of electronic submission may delay payment. Due to the special mail handling procedures currently in effect, it can take up to 2 weeks for CBO to receive invoices through the mail. Electronic submission is the preferred invoice submission method.

mailto:invoices@cbo.gov

Solicitation No. CB20-RFQ0001 Page 7 of 17

(b) A proper invoice must include the items below. If the invoice does not comply with these requirements, the Contractor shall be notified of the defect within seven (7) days after receipt of the invoice by CBO’s Office of Financial Management.

(1) Name and address of the Contractor;

(2) Invoice number and date;

(3) The Contractor’s Tax Identification Number;

(4) Purchase Order or contract number or other authorization for supplies delivered or services performed;

(5) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services rendered;

(6) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice;

(7) Any other information or documentation required by the contract.

CBO 232-18 Availability of Funds (Apr 1984) Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

CBO 232-19 Obligations Contingent on Future Appropriation (May 2003) Unless otherwise provided in this contract, CBO’s obligation under this contract in any fiscal year beyond the fiscal year for which this contract is entered into is contingent on the availability of appropriated funds.

CBO 232-23 Assignment (May 2003)

(a) Neither this contract nor the obligation of the Contractor to perform shall be assigned or delegated by the Contractor without CBO’s consent.

(b) The Contractor may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency.

(c) If the Contractor assigns the proceeds of this contract, the Contractor shall require as a condition of any such assignment, that the assignee submit a completed Vendor Survey form and shall be paid by EFT in accordance with the terms of the Method of Payment clause of this contract. In all respects, the requirements of that clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the payment to be other than the Contractor, in the absence of a proper assignment of claims acceptable to CBO, is incorrect EFT information within the meaning of paragraph (b) of the Method of Payment clause.

CBO 232-34 Method of Payment (July 2013)

(a) All payments by CBO under this contract shall be made by electronic funds transfer (EFT). CBO shall make payment to the Contractor using the EFT information—

(1) provided by the Contractor on the CBO Vendor Survey form; or

(2) obtained MANUALLY by CBO from the System for Award Management (SAM) database.

(b) CBO need not make payment to the Contractor under this contract, and any invoice shall be deemed not to be a proper invoice for the purpose of the payment clause under this contract, unless and until CBO has been provided or has been able to obtain the Contractor’s EFT information under paragraph (a).

(c) The Contractor shall be responsible for notifying CBO when the Contractor’s EFT information changes. The Contractor shall either:

(1) provide a revised CBO Vendor Survey form; or

(2) notify CBO Procurement Services that changes have been entered into the SAM database (CBO DOES NOT

MAINTAIN AN AUTOMATED LINK TO SAM).

(d) (1) If an incomplete or erroneous transfer occurs because CBO used the Contractor’s correct EFT information inaccurately, CBO remains responsible for making a correct payment and recovering any erroneously directed funds.

(2) If an incomplete or erroneous transfer occurs because the Contractor’s EFT information was incorrect, or was revised within 30 days of release of the EFT payment transaction instruction to the Federal Reserve System, then—

(a) if the funds are no longer under the control of the designated billing office, CBO is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(b) if the funds remain under the control of the designated billing office, CBO shall not make payment until the Contractor provides CBO with the notification required in paragraph (b).

Solicitation No. CB20-RFQ0001 Page 8 of 17

(e) CBO shall forward to the Contractor available payment information at the request of the Contractor. CBO does not guarantee that any particular format or method of delivery is available and retains the latitude to use the format and delivery method most convenient to CBO.

CBO 233-01 Disputes (April 2015) Alternate I (Dec 1991)

(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. chapter 71), and as modified by Section 1501 of Title I of Division H of the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, 121 Stat. 1844 (2008).

(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $50,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer’s decision shall be final unless the Contractor appeals, within 90 days of receipt of a Contracting Officer’s decision, to the following authority:

Government Accountability Office Contract Appeals Board 441 G Street N.W., Room 7182 Washington DC 20548 Fax: (202) 512-9749 E-mail: CAB@gao.gov

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor’s specific reasons for rejecting the offer.

Solicitation No. CB20-RFQ0001 Page 9 of 17

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

CBO 239-01 Security for Confidential Information (Dec 2014)

(a) All CBO information must be appropriately protected by the Contractor. The Contractor acknowledges that, during the course of this contract, the Contractor may become acquainted with and have access to certain confidential information owned or licensed by CBO or used by CBO in the conduct of its business, which may include, but is not limited to: IT security measures; personnel data; trade secrets, commercial and financial information, and other proprietary business data; and personal information, including financial and medical records.

(b) Contractor who is maintaining CBO confidential information on the Contractor’s computer system shall secure that information against loss (whether destruction or theft) and unauthorized access, use, modification, or disclosure.

Unless measures are specified elsewhere in this contract, the Contractor shall use the same degree of care, but no less than a reasonable degree of care, as the Contractor uses to protect its own confidential information of a like nature to prevent loss, and unauthorized access, use, modification, or disclosure.

(c) The Contractor shall safeguard the security and confidentiality of all confidential information owned or licensed by CBO or used by CBO in the conduct of its business. The Contractor shall comply with all CBO security requirements and protocols and agrees not to disclose, directly or indirectly, any confidential information or to use it in any manner, during the term of this contract or thereafter, except for authorized purposes under this contract. Contractor employees, representatives or agents working on or with CBO systems, whether on- or off-site, will be required to execute individual non-disclosure agreements consistent with this clause.

(d) These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information,

(2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.

CBO 242-100 Contracting Officer’s Authority (June 2004) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, notwithstanding any provision contained elsewhere in this contract. In the event that the Contractor makes any change at the direction 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 costs incurred as a result thereof.

CBO 242-101 Contracting Officer’s Representative (COR) (Sept 2017)

(a) The Contracting Officer’s Representative (COR) is a representative of CBO with limited authority who has been designated in writing by the Contracting Officer to provide technical direction, clarification, and guidance with respect to existing specifications and performance work statement/statement of work/statement of objectives, as established in the contract. The COR also monitors the progress and quality of the Contractor’s performance for payment purposes. The COR shall promptly report Contractor performance discrepancies and suggested corrective actions to the Contracting Officer for resolution.

(b) The COR is not authorized to take any direct or indirect actions or make any commitments that will result in changes to price, quantity, quality, schedule, place of performance, delivery or any other terms or conditions of the written contract.

Solicitation No. CB20-RFQ0001 Page 10 of 17

(c) The Contractor is responsible for promptly providing written notification to the Contracting Officer if it believes the COR has requested or directed any change to the existing contract. No action shall be taken by the Contractor for any proposed change to the existing contract until the Contracting Officer has issued a written directive or a written modification to the contract. CBO will not accept and is not liable for any alleged change to the contract unless the change is included in a written contract modification or directive signed or issued by the Contracting Officer.

(d) COR authority is not delegable.

(e) The COR for this contract is (This information will be provided at the time of contract award):

Name: James Butler Job Title: Computer Support Specialist Unit / Division: IRM & TS Unit / MBIS Division Telephone: (202) 226-2793 E-mail: James.Butler@cbo.gov

CBO 243-01 Changes (May 2003)

(a) CBO may at any time, by written order, make changes within the general scope of this contract in any one or more of the following:

(1) Description of services to be performed;

(2) Time of performance;

(3) Place of delivery or performance.

(4) Drawings, designs, or specifications when supplies to be furnished are to be specially manufactured for CBO.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, CBO shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if CBO decides that the facts justify it, CBO may receive and act upon a proposal submitted before final payment of the contract.

(d) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

CBO 246-02 Inspection and Acceptance (May 2003) The Contractor shall only tender for acceptance those supplies or services that conform to the requirements of this contract. CBO reserves the right to inspect or test any supplies or services that have been tendered for acceptance. CBO may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. Payment for any supplies or services hereunder shall not be deemed an acceptance thereof and is without prejudice to any and all claims that CBO may have against the Contractor.

CBO 246-17 Warranties (May 2003)

(a) The Contractor warrants free and clear title to all delivered products and further warrants that the products shall be free from defects in workmanship, material or design and shall conform either to the description and specifications in this contract or consistent with the sample of said product provided to CBO.

(b) The Contractor warrants that the products, in the form delivered to CBO, are free from any valid claim for patent infringement and that any labels or trademarks affixed thereto by or on behalf of the Contractor are free from any valid claim for copyright or trademark infringement and agrees to save and hold harmless and indemnify CBO against such infringement liability based upon CBO’s possession thereof without alteration.

(c) The goods and services provided shall be free from defects in materials and workmanship for a period of at least ninety (90) days after completion of performance (in the case of services) or after acceptance (in the case of goods or supplies) unless a longer warranty period is provided or is required by law. Should the Contractor’s services or goods or supplies prove to be defective within the warranty period, the Contractor agrees to promptly replace or repair the goods or supplies or correct such services to CBO’s satisfaction without cost to CBO.

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(d) Unless this contract specifies otherwise, the Contractor represents that all goods, supplies, and other materials provided are new and are not of such age or so deteriorated as to impair their usefulness or safety.

(e) Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to CBO for consequential damages resulting from any defect or deficiencies in accepted items.

CBO 249-02 Termination for Convenience (May 2003) CBO reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor will be notified by the Contracting Officer, in writing, and shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of CBO have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

CBO 249-08 Termination for Default (May 2003) CBO may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide CBO, upon request, with adequate assurances of future performance. In the event of termination for cause, the Contractor will be notified by the Contracting Officer in writing. CBO shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to CBO for any and all rights and remedies provided by law. If it is determined that CBO improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

CBO 249-11 Waiver of Default (May 2003) Waiver by either party of any default by the other hereunder shall not be deemed a waiver by such party of any other, subsequent default.

CBO 249-14 Excusable Delays (May 2003) The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, describing the matter in detail, shall remedy such occurrence expeditiously, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

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Part 4 – Solicitation Provisions

4.1 CBO 206-100 Notice of Full and Open Competition (Aug 2006) This acquisition is being pursued as a full and open competition. No adjustments are offered based on socio-economic categories or business size. CBO is not required to set-aside its acquisitions, as it is a Legislative Branch agency.

However, CBO encourages competition from small businesses and also encourages companies to accomplish the maximum amount of subcontracting to all types of small business concerns that the Contractor finds to be consistent with the efficient performance of this contract.

4.2 CBO 212-01 Instructions to Offerors – Commercial Items (Feb 2015)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449).

However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Current security requirements established by the U.S. Capitol Police to screen mail being delivered to the U.S. Capitol Complex of buildings preclude the use of U.S. Postal Service by offerors to deliver their sealed proposals submitted in response to this solicitation. In addition, because all packages must be screened for security purposes at a central location prior to their delivery, CBO cannot accept sealed packages containing offers hand-carried directly to the Acquisitions Office address within the Ford House Office Building. The only acceptable method by which offerors can deliver their responses to this solicitation shall be via electronic mail or fax (see solicitation provision CBO 215-05, Electronic Mail and Facsimile Proposals).

(1) Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(i) The solicitation number;

(ii) The time specified in the solicitation for receipt of offers;

(iii) The name, address, and telephone number of the offeror;

(iv) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(v) Terms of any express warranty;

(vi) Price and any discount terms;

(vii) “Remit to” address, if different than mailing address;

(viii) A completed copy of the representations and certifications at Part 3 of this solicitation (see also provision CBO 212-03, Offeror Representations and Certifications);

(ix) Acknowledgment of Solicitation Amendments;

(x) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(xi) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

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(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) How to Request and Receive Explanations and Clarifications of this Solicitation: Any prospective offeror who requires an explanation or interpretation of the Solicitation requirements should submit their question(s) in writing via email to Acquisitions@cbo.gov no later than 12:00PM (EST) January 10, 2020. We expect to provide responses to all questions by 12:00PM (EST) January 24, 2020. Any information given to a prospective offeror concerning this Solicitation will be furnished promptly to all other prospective offerors on Contract Opportunities via an amendment to the Solicitation. Questions that are vague, illegible, or irrelevant to the Solicitation, or submitted after the cut-off date/time established may not receive a response.

Only Acquisitions Office staff are authorized to answer questions about this Solicitation. CBO is not responsible for any information provided about the Solicitation by any other source.

(g) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the government installation designated for receipt of offers and was under the government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of government personnel.

(4) If an emergency or unanticipated event interrupts normal government processes so that offers cannot be received at the government office designated for receipt of offers by the exact time specified in the solicitation, and urgent government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes electronic mail and facsimile offers, offers may be withdrawn via electronic mail or facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the provision at CBO 215-05, Electronic Mail and Facsimile Proposals. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. Withdrawals are effective upon receipt of notice by the Contracting Officer.

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(h) Contract award (not applicable to Invitation for Bids). The government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(i) Multiple awards. The government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation.

(j) Debriefing. If a post-award debriefing is given to requesting offerors, the government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

4.3 CBO 212-100 Instructions for Preparing the Technical Offer Section

(a) The technical offer shall be separate from the price information. The Contractor’s offer must include all data and information required and must be submitted in accordance with these instructions. Non-conformance with specific organization and content may be cause for offer rejection. The offer must be clear and concise. It must include sufficient detail for effective evaluation and for substantiating the validity of stated claims.

The offer shall not rephrase or restate the Government’s requirements, but rather provide a…