RFQ_A0001.docx

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Information Technology (IT) Research Licenses Federal contract opportunity
Solicitation number
CC16HQQ0023
Issued by
Department of the Treasury Office of the Comptroller of the Currency

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RFQ - Amendment 0001

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Attachment_4_-_Non-Disclosure_Agreement.doc DOC document
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Attachment_3_-_OCC_IT_Accessibility_Questionnaire.docx DOCX document
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RFQ CC16HQQ0023

IT Research Licenses

PART I: SCHEDULE

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SCHEDULE OF SUPPLIES/SERVICES

This is a contract for commercial services. In accordance with this contract, the Contractor shall provide all management, personnel, materials, labor, equipment and services, except as specified herein to be furnished by the Government, and shall do all that which is necessary to satisfy the requirements listed in Section C – List of Specifications. These prices listed herein shall be in effect through the period of performance of the resultant contract. This contract will be firm-fixed-price. The monthly rates herein shall include all overhead, fringe benefits, general and administrative expenses, and profit for the successful performance of all specified tasks.

B.2 LEVEL OF EFFORT

During the base period of performance and each exercised option period, the Contractor shall provide information technology (IT) research licenses in accordance with the terms and conditions set forth in this contract.

The entire anticipated period of performance is as follows:

Base Period:April 1, 2016 – March 31, 2017
Option Period I:April 1, 2017 – March 31, 2018
Option Period II:April 1, 2018 – March 31, 2019
Option Period III:April 1, 2019 – March 31, 2020
Option Period IV:April 1, 2020 – March 31, 2021

B.3 CONTRACT LINE ITEM NUMBERS (CLINS) – FIRM FIXED PRICE (FFP)

End of Section B

SECTION C – LIST OF SPECIFICATIONS

C.1 BACKGROUND

The Office of the Comptroller of the Currency (OCC) is an independent bureau of the U.S. Department of the Treasury. Its primary mission is to charter, regulate, and supervise all national banks and Federal savings associations. OCC’s goal in supervising banks and Federal savings associations is to ensure that these entities operate in a safe and sound manner and in compliance with laws requiring fair treatment and access to credit and financial products.

Headquartered in Washington, D.C., the OCC has four district offices, an Office of the Ombudsman, and an office in London to supervise the international activities of national banks. Bank examiners conduct on-site reviews of national banks and Federal savings associations and Federal thrifts, and provide sustained supervision of these institutions’ operations. Examiners also analyze loan and investment portfolios, funds management, capital, earnings, liquidity, sensitivity to market risk for all national banks and Federal thrifts, and compliance with consumer banking laws for national banks and thrifts with less than $10 billion in assets. In addition, these examiners conduct audits to review internal and external controls, as well as evaluate management’s ability to identify and control risks.

Four business objectives support OCC’s mission. Those objectives are to:

· Ensure the safety and soundness of the national system of banks and savings associations

· Foster competition by allowing banks to offer new products and services

· Improve the efficiency and effectiveness of OCC supervision, including reducing financial regulatory burdens

· Ensure fair and equal access to financial services for all Americans.

The Chief Information Officer (CIO) and the Information Technology Services (ITS) organization are committed to ensuring that the OCC has the most productive and innovative technology available. ITS supports the mission and objectives of the OCC by developing, operating, and maintaining the agency’s technology infrastructure and applications. There are six (6) areas within the ITS organization, five of which are headed by “Deputy CIO” level executives, and two headed by director-level executives. Below describes each of the ITS areas in which an executive level research license would be sought:

1. The Office of the Chief Information Officer (OCIO) – Headed by the CIO, the CIO leads the information technology (IT) programs, supporting the agency’s mission of ensuring the safety and soundness of national banks, as well as fair and equal access to financial services for all Americans. The CIO’s office is responsible for IT organization alignment, transition support, leadership development, staff development, Human Resources (HR) liaison communications, change management, facilitation of CIO initiatives and their implementation and management of the Employee Engagement, Customer Satisfaction surveys and Program Accountability.

2. Application Services Delivery – Bank Supervisory Systems (ASD-BSS) – Headed by the Deputy CIO for ASD-BSS, this organization supports the development, operation, maintenance and enhancement of the Bank Supervision Systems.

3. Application Services Delivery – Management Application Systems (ASD-MAS) – Headed by the Deputy CIO for ASD-MAS, this organization supports the development, operation, maintenance and enhancement of the agencies management applications and specialty systems.

4. Infrastructure and Operations (I&O) – Headed by the Deputy CIO for I&O, this organization provides support for the agency’s network infrastructure, including all network and server operations, storage, telecommunications, messaging and operation of the agency’s data center.

5. Operations, Strategy, and Controls (OSC) – Headed by the Chief Technology Officer, this organization is responsible for enterprise architecture, IT portfolio management, IT budget, IT policy and governance, IT acquisitions and IT business process improvement

6. The Chief Information Security and Privacy Office-Headed by the Director of Cybersecurity & Privacy, this office provides support for the agency’s IT security and privacy requirements. The area includes information assurance, security compliance and audit support, disaster recovery, security policy, privacy and security awareness & training.

7. IT Customer Support (ITCS) – Headed by the Director of ITCS, this area provides Tier 1 IT service desk support for the agency. This area is customer focused and continually assesses the customer feedback during IT project deployments and is key to assessing the customer’s experience with IT service delivery.

C.2 SPECIFICATIONS

The purpose of this procurement is to obtain subscription licenses to access IT research, data, and analysis and advisory services for the ITS organization in order to assist its members in researching and understanding innovations in IT. The OCC seeks to procure individual licenses; group licenses requiring any sort of group leader permissions or coordination among all license holders are not acceptable.

Executive IT Research / Advisory License: The vendor shall provide seven licenses for Information Technology (IT) research, data, and analysis and advisory services for senior level IT executives. The initial set of senior executives targeted for licenses include: the Chief Information Officer; the Deputy CIO for Application Service Delivery for Bank Supervision Systems; Deputy CIO for Applications Service Delivery for Management Application Systems; the Deputy CIO for Infrastructure & Operations; the Chief Technology Officer; the Chief Information Security & Privacy Officer; and the Director of IT Customer Support.

Each executive IT license shall, at a minimum, provide:

1. Access to the vendor’s on-line IT research, including:

a. White papers, such as emerging technology trends, best practices, capability maturity models, adoption benchmarks (case studies), and analyses of technology segments

b. On-line tools (e.g. spreadsheets), such as those for evaluating technology products using customized weighting or estimating capacity

c. IT product and service comparisons and assessments

d. Materials and presentations that the vendor has presented at past conferences/symposiums

e. Recordings of vendor hosted webinars

f. No restrictions on the number of times on-line research can be accessed via the vendor’s web portal, and no restrictions on access to the vendor’s inventory of online IT research databases

2. Direct access to analysts for inquiries via phone call/conference call, as described:

a. For a given topic of inquiry identified by the license holder, the vendor shall identify the analyst(s) who covers that topic

b. There shall be no limit on the number of times the license holder may contact the analyst(s) during the period of performance of the contract

3. A dedicated company advisor for each executive license holder. Each advisor must possess expertise in alignment with the business area the senior executive is responsible for within the ITS organization.

a. The representative shall meet both in-person and via phone with the executive license holder to understand the individual’s needs, coordinate appropriate research requests, arrange calls with subject matter experts, provide best practices, coordinate networking opportunities with applicable industry experts and/or government peers, provide data on recent industry trends applicable to each executive’s area of interest, and assist with the formulation of research strategies and action plans

b. Throughout the period of performance, this representative shall routinely correspond with both the executive and the Contracting Officer’s Representative (COR), both in-person and via phone, to assess the quality of the license support received. Such reviews must take place a minimum of twice per contract year.

c. The vendor may assign advisors on a 1-to-1 basis (e.g. 7 distinct advisors for the 7 license holders); or, vendors may assign a few advisors for all licenses holders, as long as each advisor has the corresponding area(s) of expertise and can meet all of the noted requirements for each individual license holder IT Research License: The vendor shall provide 15 research licenses targeted at IT professionals who are not at the executive level.

Each IT license shall, at a minimum, provide:

1. Access to the vendor’s on-line IT research, including:

a. White papers, such as emerging technology trends, best practices, capability maturity models, adoption benchmarks (case studies), and analyses of technology segments

b. On-line tools (e.g. spreadsheets), such as those for evaluating technology products using customized weighting or estimating capacity

c. IT product and service comparisons and assessments

d. Materials and presentations that the vendor has presented at past conferences/symposiums

e. Recordings of vendor hosted webinars

f. No restrictions on the number of times on-line research can be accessed via the vendor’s web portal, and no restrictions on access to the vendor’s inventory of online IT research databases

2. Direct access to analysts for inquiries via phone call/conference call, as described:

a. For a given topic of inquiry identified by the license holder, the vendor shall identify the analyst(s) who covers that topic

b. There shall be no limit on the number of times the license holder may contact the analyst(s) during the period of performance of the contract

3. Document reviews for IT documents up to 20 pages in length, as described:

a. Reviews shall include comments/feedback that may assist the license holder in addressing missing or unclear information, along with overall suggestions to improve the document; however, the review does not require document redline mark-up

b. No restrictions on the amount of document reviews to be performed

C.3 INFORMATION TECHNOLOGY ACCESSIBILITY REQUIREMENTS

The Contractor shall ensure all e-deliverables (Whitepapers, Online Tools, e-documents such as comparisons and assessments, recordings of vendor hosted webinars, and any other electronic software/web/document delivered under this statement of work) meet applicable Electronic and Information Technology (EIT) technical standards and functional performance criteria of Section 508 of the Rehabilitation Act of 1973, as amended.

Specifically, the following standards shall apply:

1194.21 – Software Applications and Operating Systems

1194.22 – Web-based Intranet and Internet information and applications

1194.24 – Video and Multimedia Products (including recordings of vendor Webinars)

1194.31 – Functional Performance Criteria

All documents, manuals, and presentations delivered shall be in electronic format (Docx, PDF, HTML, PPT, etc.) and shall adhere to “Web-based Intranet and Internet Information and Applications” standards and meet “Functional Performance Criteria” to enable OCC to share and distribute within its Intranet.

Any exception to these standards shall be requested through the OCC Contracting Officer Representative and will require approval from the OCC IT Accessibility Program Office.

End of Section C

SECTION D – PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information, including forms, reports, etc., to the Contracting Officer or the Contracting Officer’s Representative (COR) shall be paid by the Contractor.

D.2 MARKING

All information submitted to the Contracting Officer or COR shall be clearly marked to show the following:

1. Name of the Contractor

2. Contract Number; and

3. Consignee’s name and address

4. Date of Submission

End of Section D

SECTION E – INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

Inspection and acceptance shall be in accordance with FAR 52.212-4(a). Please see Section I for further reference regarding FAR 52.212-4.

End of Section E

SECTION F – DELIVERIES OR PERFORMANCE

F.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

<https://www.acquisition.gov>

NumberDateTitle
52.242-15AUG 1989Stop-Work Order
52.247-34NOV 1991F.O.B. Destination

F.2 OCC 1052.242-8002 PERIOD OF PERFORMANCE (SEP 2012)

The base period of performance of this contract is from April 1, 2016 – March 31, 2017.

If exercised, the first option period will extend the contract period of performance from April 1, 2017 – March 31, 2018.

If exercised, the second option period will extend the contract period of performance from April 1, 2018 – March 31, 2019.

If exercised, the third option period will extend the contract period of performance from April 1, 2019 – March 31, 2020.

If exercised, the fourth option period will extend the contract period of performance from April 1, 2020 – March 31, 2021.

F.3 PLACE OF PERFORMANCE

Any on-site work, such as in-person meetings, shall occur at the OCC Headquarters location in the Washington, DC Metropolitan area as indicated below:

Comptroller of the Currency (Headquarters) 400 7th Street SW Washington, DC 20219

F.4 BUSINESS HOURS AND COVERAGE

The OCC core business hours are 8:00 AM to 5:00 PM Eastern Standard Time (EST), Monday through Friday, excluding Federal holidays. As applicable, the Contractor shall provide contract performance during the core business hours. At times, performance outside of core business hours may be required. Upon request, the Contractor will provide appropriate contact information for staff that is required to be available outside of core business hours.

F.5 LEGAL HOLIDAYS

The following legal holidays are observed:

New Year’s Day*January 1
Martin L. King’s BirthdayThird Monday in January
President’s DayThird Monday in February
Memorial DayLast Monday in May
Independence Day*July 4
Labor DayFirst Monday in September
Columbus DaySecond Monday in October
Veteran’s DayNovember 11
Thanksgiving DayFourth Thursday in November
Christmas Day*December 25

*Holidays that fall on Saturday are observed on Friday and holidays that fall on Sunday are observed on Monday.

End of Section F

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 OCC 1052.201-8000 Contracting Officer’s Representative (COR) Delegation and Authority (DEC 2013)

(a) The contracting officer's representative will be identified via separate letter to the Contractor.

(b) Performance of work under this contract is subject to the technical direction of the COR, as delegated in writing. The term "technical 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 COR does NOT have authority to issue technical direction that:

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

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

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

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

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

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR, 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 "Disputes".

(End of Clause) G.2 OCC 1052.242-8000 (OCC) Evaluation of Contractor Performance (DEC 2010)

1. The OCC will evaluate the Contractor’s performance after contract award. If this contract has option periods, interim evaluations will be conducted at the end of each option period and then a final evaluation report will be prepared at the completion of the entire contract. If this contract does not have renewal options, an evaluation will be conducted upon completion of the contract. Notwithstanding the preceding, the Contracting Officer may conduct evaluations more or less frequently, if the Contracting Officer deems appropriate.

B. Evaluations will be conducted using an electronic format as established by Contractor Performance Assessment Reporting System (CPARS), an internet-based database of Contractor performance information. The OCC will enter the information, gathered from the evaluation, into the CPARS.

C. If the Contractor responds to the evaluation, and the response rebuts any or all of the ratings, the Contracting Officer will attempt to reconcile the areas of disagreement with the Contractor. If agreement cannot be reached, the evaluation and response shall be reviewed at a level higher than the Contracting Officer and a final evaluation will be issued by the reviewing official. If the reviewing official finds, either all or in part, against the Contractor, the Contractor’s response shall become part of the final evaluation. The reviewing official’s final decision shall not be subject to dispute under the terms and conditions of the Disputes clause or subject to resolution in accordance with the terms and conditions of the Alternative Dispute Resolution clause. The reviewing official will provide the Contractor with a copy of the final evaluation.

D. Any government agency authorized to access the Past Performance Information Retrieval System (PPIRS) database will be able to view the performance information related to this contract. Any government agency may also receive a copy the Contractor’s performance evaluation, and any associated comments, by contacting the OCC. The OCC will also, upon request, provide copies of any and all of the Contractor’s evaluations to the Contractor.

(End of Clause)

G.3 OCC 1052.243-8001 Authorized Changes Only by the Contracting Officer (SEP 2012)

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who provide technical direction or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer (CO), or is pursuant to specific authority otherwise included as a part of this contract.

(c) The CO is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the CO’s. In the event the Contractor effects any change at the direction of any person other than the CO, 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 charges incurred as a result thereof. The CO will be identified via separate letter to the Contractor.

(End of Clause)

G.4 DTAR 1052.232-7003 Electronic Submission of Payment Requests (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(c) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of Clause)

End of Section G

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 RELEASE OF CLAIMS

After completion of contract and prior to final payment, the Contractor shall furnish to the Contracting Officer, a release of claims against any outstanding balances or claims arising out of the contract. These are claims other than those specifically resulting from work that is reasonably anticipated by the Contractor when originally estimating the order.

H.2 GOVERNMENT FURNISHED INFORMATION

As necessary, the Government will provide all information required for the Contractor to perform the work required in this contract.

H.3 TRAVEL

No travel, whether local or non-local, is reimbursable under this contract.

H.4 OCC 1052.239-8000 Electronic and Information Technology Accessibility (JUNE 2014)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, or used under this contract/order must comply with the “Electronic and Information Technology Accessibility Provisions” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. Information about Section 508 is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/standards.htm.

(b) The Section 508 accessibility standards applicable to this contract/order are identified in the Statement of Work/Specification/Performance Work Statement. If it is determined by the Government that EIT products and services provided by the Contractor do not conform to the described accessibility standards in the Product Assessment Template, remediation of the products or services to the level of conformance specified in the Contractor’s Product Assessment Template will be the responsibility of the Contractor at its own expense.

(c) In the event of a modification(s) to this contract/order, which adds new EIT products or services or revises the type of, or specifications for, products or services the Contractor is to provide, including EIT deliverables such as electronic documents and reports, the Contracting Officer may require that the Contractor submit a completed Voluntary Product Accessibility Template found at http://www.itic.org/public-policy/accessibility, to assist the Government in determining that the EIT products or services support Section 508 accessibility standards.

(End of Clause) H.5 OCC 1052.245-8003 Confidential or Sensitive Information (JAN 2014)

(a) Because of the proprietary nature of such information, the Contractor understands that work performed by and information released to the Contractor is sensitive in nature and shall not be disclosed to anyone other than the Office of the Comptroller of the Currency (OCC) (Government) employees assigned to the contract and other Contractor personnel the Government authorizes to receive the information. The Contractor agrees to protect all confidential and/or proprietary information received by or provided to the Contractor pursuant to this contract from unauthorized disclosure or use for as long as the information remains proprietary or confidential and further agrees that it will not use such information for any purpose other than that relating to the performance of this contract. For purposes of the contract, all information provided to or received by the Contractor is deemed confidential and proprietary.

(b) The Contractor shall execute and is responsible for having all of its employees, subContractor employees, and agents working under the contract and/or having access to sensitive information under this contract execute a “Conditional Access to Sensitive but Unclassified Information Non-Disclosure Agreement”, hereafter referred to as an NDA, as provided by the Government (see Attachment 4). This NDA provides that sensitive but unclassified information provided to the Contractor or its employees, subContractors, or agents, shall not, except as permitted in connection with the performance of the contract, be further disclosed or used without the prior written approval of the Government.

(c) Contractor employees processed in the Personnel and Administration Security System (PASS) will complete the NDA electronically.

(d) Contractor employees processed outside of PASS will complete the attached hard copy NDA and submit to the Contracting Officer (CO).

(e) Executed copies of the NDA are required by each Contractor employee, subContractor employee or agent who will perform work on the contract before they can begin actual performance under the contract.

(End of Clause)

H.6 OCC 1052.342-8000 Contractor’s Commitment to Equal Opportunity in Employment and Contracting (APR 2012)

Contractor confirms its commitment to equal opportunity in employment and contracting. To implement this commitment, the Contractor shall ensure, to the maximum extent possible consistent with applicable law, the fair inclusion of minorities and women in its workforce. The Contractor shall insert the substance of this clause in all subcontracts under this Contract when the dollar value exceeds $150,000.

Within ten (10) business days of a written request from the OCC’s Office of Minority and Women Inclusion (OMWI), or such longer time as the OMWI determines, and without any additional consideration required from the Agency, the Contractor shall provide documentation, satisfactory to the Agency, of the actions it (and, as applicable, its subContractors) has undertaken to demonstrate its good-faith efforts to comply with the aforementioned provisions.

For purposes of this contract, “good-faith efforts” may include actions by the Contractor intended to identify and, if present, remove barriers to minority and women employment or expansion of employment opportunities for minorities and women within its workforce. Efforts to remove such barriers may include, but are not limited to, recruiting minorities and women, providing job-related training, or engaging in other activities that could lead to those results.

The documentation requested by the OMWI may include, but is not limited to, one or more of the following:

1. A written affirmative action plan or other written program designed to ensure the fair inclusion of minorities and women in the Contractor’s workforce, including outreach, recruitment, and training efforts whereby the Contractor sets forth specific, results-oriented policies and procedures.

2. A list of subcontract awards under the Contract categorized by dollar, date of award, and the subContractor’s ownership status, including whether the subContractor is minority-owned (by race and/or ethnicity) or women-owned.

3. Documentation similar to that described in paragraph 1 with respect to each subContractor.

4. Any other actions demonstrating the Contractor’s or subContractor’s good-faith efforts to include minorities and women in its workforce.

Consistent with Section 342(c)(3) of the Dodd–Frank Wall Street Reform and Consumer Protection Act (PL 111-203) (Dodd–Frank), a failure to demonstrate to the Director of the OMWI such good-faith efforts to include minorities and women in the Contractor’s workforce (and, as applicable, the workforce of its subContractors) may result in termination of the Contract for default, referral to the Office of Federal Contract Compliance Programs, or other appropriate action.

For purposes of this clause, the terms “minority,” “minority-owned business” and “women-owned business” shall have the meanings set forth in Section 342(g) of Dodd–Frank.

(End of Clause)

H.7 DTAR 1052.210-70 Contractor Publicity (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance.

(End of Clause)

End of Section H

PART II: CONTRACT CLAUSES

SECTION I – CONTRACT PROVISIONS AND CLAUSES

I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

<https://www.acquisition.gov>

NumberDateTitle
52.203-3APR 1984Gratuities
52.203-17APR 2014Contractor Employee Whistleblower Rights and Requirement to
Inform Employees of Whistleblower Rights
52.204-4MAY 2011Printed or Copied Double-Sided on Postconsumer Fiber Content
Paper
52.204-13JUL 2013System for Award Management Maintenance
52.204-18JUL 2015Commercial and Government Entity Code Maintenance
52.204-19DEC 2014Incorporation by Reference of Representations and Certifications
52.212-4MAY 2015Contract Terms and Conditions—Commercial Items
52.227-14MAY 2014Rights in Data—General
52.232-39JUN 2013Unenforceability of Unauthorized Obligations
52.243-1AUG 1984Changes—Fixed Price ALT I

I.2 FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (FEB 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] _X_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

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

X___ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

___ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

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

___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

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

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

___ (43) 52.225-5, Trade Agreements (Feb 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

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

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

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

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

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

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

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

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

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

(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

(End of Clause) I.3 FAR 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of contract expiration.

(End of Clause) I.4 FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of Clause) End of Section I

PART III: LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

J.1 LIST OF ATTACHMENTS

1. Attachment 1 – Requirements Matrix

2. Attachment 2 – Price Schedule

3. Attachment 3 – OCC IT Accessibility Survey

4. Attachment 4 – Non-disclosure Agreement (NDA)

5. Attachment 5 – Questions Template

6. Attachment 6 – Vendor Questions & Government Responses

End of Section J

PART IV: REPRESENTATIONS AND INSTRUCTIONS

SECTION K: REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF RESPONDENTS

K.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

<https://www.acquisition.gov>

NumberDateTitle
52.204-19DEC 2014Incorporation by Reference of Representations and Certifications

K.2 FAR CONTRACT PROVISIONS

FAR 52.204-19 incorporates the Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), into the resultant contract. However, the provisions below are included in this solicitation so that the Government may compare a vendor’s self-certification against what is designated for the firm within the SAM website (www.sam.gov) during both the due date of RFQ responses and upon contract award to the selected vendor.

As such, the following FAR provision requires further vendor action and/or fill-ins:

K.2.1 FAR 52.209-5 Certification Regarding Responsibility Matters (OCT 2015) (a)

(1) The Offeror certifies, to the best of its knowledge and belief, that --

(i) The Offeror and/or any of its Principals --

(A) Are [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or…

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