CFODT-13-SO-0134.docx

REQUIREMENTS DESCRIPTION

Excel Collaboration Solution

1. Introduction

The Commodity Futures Trading Commission (“CFTC” or “Commission”) has a requirement for a cost effective commercial-off-the-shelf (COTS) Excel collaboration tool. Currently, the Commission uses Excel to solve many typical problems such as budgeting, contract management, and data analysis. The Commission requires a tool that automates and integrates manual spreadsheet-based processes and allows multiple users to access the same spreadsheet simultaneously.

2. General Scope

The Contractor shall provide all facilities, supervision, personnel, equipment, materials and supplies (except as explicitly set forth under the clause entitled “Government Furnished Property”) necessary to perform the work set forth in this order.

The Contractor shall provide software, software implementation, training, and software maintenance and technical support.

3. Software Requirements

The Contractor shall deliver and implement a commercial-off-the-shelf (COTS) Excel collaboration tool solution. CFTC requires a license that will support up to 50 concurrent users. CFTC understands that licenses are not necessarily sold based on the number of concurrent users. Regardless of how the license is sold, the software license must allow 50 concurrent users to access the software. The COTS software must be installed and data located within the CFTC network. CFTC will not consider any proposed solutions that put forward Software as a Service (SaaS) solutions. Additionally, the software must satisfy the following requirements:

· Multi-user, Cell-Level Collaboration

· Automatically consolidate updates from multiple users

· Cell-level Access Control & Security

· Automatic Version Control and Full Audit Trail of All Changes at the cell level

· Open API or Database architecture for customization

· Automatically “push” master excel template changes to all users

· Contain a “Shared” region, which is editable by all users, and a “Locked” region which is inherited by the template

· Secure data based on SQL Server authentication

· Create baselines of all shared data in a particular collaboration

· Ability to administer common templates, and version control templates

· Ability to use macro and server scripts to automate business process steps

· Two-Way integration with multiple data sources

· Assign access control for rows and columns of the shared spreadsheet regions

· Audit changes to data and formulas in cells, rows, columns, or the entire shared range done by any user at any time

3. Implementation Support

The Contractor shall install the software at CFTC’s Headquarters building, located at 1155 21st Street, NW, in Washington, DC. The system shall support CFTC’s Washington DC Headquarters, as well as the CFTC Regional offices in Chicago, IL; New York, NY; and Kansas City, MO.

The Contractor shall install and configure the Excel collaboration tool in CFTC’s test and production environments. The Contractor shall configure the solution to support the following products:

· Lightweight Directory Access Protocol (LDAP)

· Microsoft .NET API

· Microsoft Active Directory

· VMware Virtualization

· Windows 7 Desktop Authentication

· Windows Server 2008r2 Authentication

· Windows Vista Desktop Authentication

The CFTC will provide an IT Specialist for the purpose of acting as a technical expert regarding CFTC’s systems during installation of the Excel collaboration tool. The testing performed by the Contractor shall include all pre/post-testing of the system, which shall include maintaining quality control, as well as performing user acceptance testing. The CFTC intends to use the user acceptance testing as part of its acceptance process.

Acceptance of implementation will be made upon installation of the software at CFTC and successful completion of a fourteen (14) calendar day acceptance test period. Successful completion means that the software operates in the CFTC production environment with access by 50 concurrent users for 14 consecutive days, and otherwise performs in accordance with all contract requirements. In the event the software does not successfully complete the first acceptance test, the Contractor shall have up to 14 days to make appropriate corrections and commence a second 14-calendar day acceptance test. In the event the second acceptance test is not successfully completed, or any subsequent test agreed to by the Contracting Officer, the Contracting Officer shall have the right to issue a final rejection of the software and terminate the contract without any financial obligation to the Contractor. Any work performed by the Contractor prior to acceptance, including work performed as a result of failure to successfully complete a test, shall be at no cost to CFTC.

The effective date of the software licenses shall be the date the system is accepted by CFTC.

This will also be the date of commencement for the initial 12 month of software maintenance.

4. Documentation

The Contractor shall deliver a systems administration guide and all production documentation within one (1) week after receiving formal notification that the implemented system is accepted.

The Contractor shall furnish three (3) copies of all software media and five (5) copies of all product documentation to the COR. In addition, the systems administration guide and production documentation shall be provided in a searchable electronic format agreeable to the Contracting Officer or the COR.

6. Software Maintenance and Technical Support

During the base period of the order, software maintenance and technical support, including patches, fixes, new software versions, version updates, instrument database updates, data format and technical support (either on-site or via phone or email) shall be provided for 12 months from the date the system is accepted by CFTC. The technical support shall be available Monday-Friday, 9am to 6pm EST by telephone to assist CFTC in the diagnosis and resolution of technical issues. CFTC shall also have the option(s) to continue software maintenance and technical support for up to four (4) additional years.

6. Post-Production Support

The objectives of the post-production support is to (1) streamline and centralize the contact spending plans, and (2) obtain on-the-job training for CFTC staff on how to use the tool to solve real business problems.

After the CFTC accepts delivery of the product, the Contractor shall provide on-site support to assist in the creation of one or more pilot project(s). The pilot will convert over 50 existing individual spreadsheets that are used to manage contract spending plans into a single template with views and access controlled by an administrator using the Excel Collaboration Solution.

In addition to providing on-the-job training, the Contractor shall provide user training for up to 10 users within 60 days after implementation. Training shall be provided in Washington, DC. Scheduling of the training shall be done through the COR. The Contractor shall furnish each CFTC trainee with a training guide, which shall be a suitable reference for using and troubleshooting the system.

7. Additional Concurrent Users CFTC may require additional concurrent users of the software. The Contractor shall provide rights to and enable additional users, in accordance with the terms and conditions of this contract, if and when ordered in writing by the Contracting Officer.

PART II – OTHER TERMS AND CONDITIONS

1. PRICE

Prices for software and services shall be those shown below:

Line Item Number

Base Period

Software (50 Concurrent User license)

EA

Implementation Support

Documentation

Software Maintenance & Technical Support

Month**

Training

Job

Post-Production Support

300 Hours

Additional Concurrent Users (Quantity: 50)

First Option Year

Annual Maintenance and technical support renewal (50 Concurrent User license)

EA*

Second Option Year

support renewal (50 Concurrent User license)

Third Option Year support renewal (50 Concurrent User license)

Fourth Option Year support renewal (50 Concurrent User license)

*The unit is the minimum number of additional user licenses available for purchase at any one time. Indicate any volume discount available for larger purchases.

** The price for annual maintenance and technical support shall be adjusted to reflect the addition of concurrent users as follows: TBD

2. TERM OF THE ORDER

The term of this order (base period) shall commence on the date of award and end 12 months after CFTC accepts implementation of the software. This allows for 12 months of software maintenance and technical support during the base period.

3. TERM OF CONTRACT – OPTIONS

Pursuant to the clause entitled “Option to Extend the Term of the Contract”, CFTC may at its sole discretion, extend the term of this contract as described in this clause. This contract includes four (4) optional contract years, as follows:

First Option Year: 12 months following expiration of base period Second Option Year: 12 months following expiration of First Option Year Third Option Year: 12 months following expiration of Second Option Year Fourth Option Year: 12 months following expiration of Third Option Year

Each option to extend the term of the contract shall be exercised at the sole discretion of CFTC.

Options to extend the contract term shall be exercised by a written contract modification signed by the Contracting Officer prior to expiration of the contract. Such modifications may be exercised unilaterally by CFTC. There is no advance notice required to exercise an option. If an option year is not exercised, the contract shall expire at the end of the previous contract period without further notice required by either party. The total term of this contract, including option periods, shall not extend beyond five years.

Exercise of an option under this clause constitutes an order to the Contractor for continued software maintenance and technical support during the option periods for the total number of concurrent users in effect as of the date the option is exercised.

4. COMPLIANCE WITH THE REHABILITATION ACT OF 1973

All electronic and information technology (“EIT”) (i.e., services) procured through this task order must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of The Rehabilitation Act of 1973, as amended (29 U.S.C. 794d). In the event that the Contractor’s work does not meet such standards, and the defect is brought to the Contractor’s attention no later than one year after the date of final payment under this task order, the Contractor will be responsible for correcting the work at no cost to the Government.

5. COMMON SECURITY CONFIGURATIONS

(a) The Excel Collaboration system must fully comply with CFTC’s existing Windows based Directory Services (Lightweight Directory Access Protocol, Active Directory) to support user access. Other government standards that apply include OMB Circular A-130, Federal Information Security Management Act (FISMA), NIST Special Publication 800 Series, Privacy Act of 1974 as amended, and the Freedom of Information Act as amended. The software must contain security controls based on industry best practices.

(b) The system must be fully functional and operate correctly as intended on systems using the United States Government Configuration Baseline (USGCB) for Windows 7. For the Windows 7 settings see: http://www.microsoft.com/industry/government/solutions/usgcb/default.aspx.

(c) The standard installation, operation, maintenance, update, and/or patching of software shall not alter the configuration settings from the approved USGCB configuration. The information technology should also use the Windows Installer Service for installation to the default “program files” directory and should be able to install and uninstall.

(d) The Commodity Futures Trading Commission reserves the right to test all delivered information technology to verify the Contractor’s certification required in paragraph (a) above. In the event the information technology does not meet the requirements of this clause, and the defect is brought to the Contractor’s attention no later than one year after the date of final payment under this delivery order, the Contractor shall correct the defect at no cost to the Government.

6. LIABILITY

This clause addresses liability arising beyond that which is specific to Government property. Liability for shortages, loss, damages or destruction of Government property is addressed in the “Use of Government Property” clause of this task order.

The Contractor shall be responsible for all liabilities which result from willful misconduct, gross negligence, or lack of good faith on the part of any of its officers and employees. Such liability is not restricted by any dollar limitations.

7. PLACE OF PERFORMANCE

The primarily places of performance shall be the CFTC’s Headquarters office located in Washington, DC, and the Contractor’s facility.

8. CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) for the overall contract shall be:

(TBD)

9. TECHNICAL DIRECTION AND SURVEILLANCE

(a) Performance of work under this contract shall be subject to the surveillance and written technical direction of the COR. The term “technical direction” is defined as:

(1) Directions to the Contractor that provide clarification of the requirements described in the scope of work.

(2) Inspection and acceptance of deliverables completed by the Contractor under this contract.

(b) The COR does not have authority to, and may not, issue any technical direction which:

(1) Assigns additional work outside the scope of work;

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

(3) Changes any of the expressed terms, conditions or specifications of the contract; or

(4) Interferes with the Contractor’s right to perform the terms and conditions of the contract.

(c) All technical direction shall be issued in writing by the COR. The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed in this clause and within his/her authority under the provisions of this clause. If, in the opinion of the Contractor, any instruction or direction by the COR would increase or decrease the cost of the contract or result in work outside the scope of the contract, the Contractor shall not proceed but shall immediately notify the Contracting Officer in writing. It is anticipated that within 30 days of receiving the notification from the Contractor, the Contracting Officer will either issue an appropriate contract modification or advise the Contractor in writing that:

(1) The technical direction is rescinded in its entirety;

(2) The technical direction is within the scope of the contract and that the Contractor should continue with the performance of the technical direction.

(d) A failure of the Contractor and Contracting Officer to agree that the technical direction is within scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto, shall be subject to the “Disputes” provisions of the contract.

(e) Any action(s) taken by the Contractor in response to any direction given by any person other than the Contracting Officer or the COR whom the Contracting Officer shall appoint shall be at the Contractor’s risk.

10. PAYMENT TO CONTRACTOR

The Contractor shall be paid as follows:

Line Items 0001, 0002, and 0003: Payment of the firm fixed price for these line items shall be made after CFTC accepts the software.

Line Item 0004: Payment for the first 12 months of maintenance and technical support shall be made in arrears in equal monthly payments. The first 12 month period shall commence upon CFTC acceptance of the software.

Line Item 0005: Payment for training shall be made after completion of all training required by the contract.

Line Item 0006: Payment for Post-Production Support shall be made monthly based on hours expended during the invoice period.

Line Items 0008, 0010, 0012, and 0014: Option Year Annual Maintenance and Technical Support: Payment shall be made in arrears in equal monthly payments and is contingent upon CFTC exercising options under the Part II Clause entitled “Term of Contract - Options.”

Line Items 0007, 0009, 0011, 0013, and 0015: – Additional Concurrent Users: Payment(s) shall become due after the date on which additional user capacity is ordered by the CFTC Contracting Officer and on the date it becomes operational at CFTC. Unless there is one-time fee for a perpetual license for additional users, the term for additional users shall expire with the contract and payments shall be prorated to the end of the then current contract term and shall be made on a monthly basis.

For purposes of the Prompt Payment Act, P.L. 97-177, payments under this contract will be due on the 30th calendar day after the later of: (1) the date of actual receipt of a proper invoice in the office designated to receive, (2) the date the supplies or services are accepted by the Government, or (3) the date contained in the payment schedule (if applicable) included in the contract. For purposes of determining the due date for payment and for no other purpose, acceptance will be deemed to occur on the seventh calendar day after the delivery of the supplies or services in accordance with the terms of the contract.

The Contractor shall submit monthly invoices to the designated billing office specified herein. A proper invoice must include the information listed in items 1-8 below. If the invoice does not comply with these requirements, the Contractor will be notified of the defect within seven days after receipt of the invoice in the billing office.

a) Name and address of the Contractor.

b) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

c) CFTC contract number.

d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

e) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

f) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

g) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

h) Taxpayer Identification Number (TIN).

Payment will be in accordance with the clause at FAR 52.232-33 “Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)”. Invoices may be submitted by mail or email to the following billing office:

U.S. DOT - Mike Monroney Aeronautical Center Financial Operations Division CFTC Accounts Payable Branch

AMZ-150

PO Box 25710 Oklahoma City, OK 73125 E-Mail: 9-AMC-AMZ-CFTC@faa.gov

11. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION

(a) As used in this clause, “confidential information” means information obtained during performance of the contract that is private or confidential in nature, and which is not meant for public disclosure. Examples of “confidential information” include, but are not limited to, investigatory materials, sensitive or proprietary business, technical, financial or personally identifiable information (PII) belonging to the Government, other companies or individuals in paper or electronic form, including but not limited to home addresses or personal contact information, full or partial social security numbers, credit card numbers, date of birth, passport numbers, employee performance or evaluation information, or any information related to a security adjudication of any CFTC employee or Contractor.

(b) Pursuant to the Commodity Exchange Act, as amended (7 U.S.C. § 1, et. seq.), other laws and the terms and conditions of this contract, the Contractor agrees to use confidential information only for the purposes of performing work under this contract, and to otherwise hold such information confidential. The Contractor shall not directly or indirectly use or allow the use of or access to confidential information for any purpose other than that directly associated with officially assigned duties, and shall not, either by direct action or by counsel, discussion, recommendation, or suggestion to any third party, reveal the nature or content of any confidential information. The Contractor shall take appropriate steps to secure both paper and computer files and access to same to protect confidential information, shall lock paper records in cabinets or offices when not in use, shall only electronically transmit confidential information in encrypted form, and shall dispose of paper records by shredding or similar means of secure destruction.

(c) The Contractor shall obtain from each employee permitted access a written agreement, in a form satisfactory to the Contracting Officer, that he/she will not disclose any such confidential information to any third party except those persons within the Contractor’s organization or the Government directly concerned with the performance of the contract and who have a legitimate need to know such information to perform their assigned duties. The completed form shall be furnished to the Contracting Officer prior to each employee beginning work under this contract.

(d) If disclosure of confidential information to a third party is determined to be necessary by the Commission, the Contractor shall first obtain written authorization from the Contracting Officer prior to disclosing the confidential information. The Contractor shall continue to comply with this clause after expiration of this contract.

(e) The Contractor shall comply with the Privacy Act of 1974, 5 U.S.C. § 552a, and the Federal Information Security Management Act (FISMA), 44 U.S.C. § 3541 et seq., and related Payment regulations, shall use administrative, technical and physical security measures to protect CFTC confidential information from unauthorized access, disclosure and misuse. The Contractor’s staff with access to confidential information shall comply with CFTC policies, procedures and guidelines related to information security and privacy, including but not limited to Safeguarding Personally Identifiable Information and the IT Rules of Behavior. The Contractor staff with access to PII shall annually attend the Commission’s mandatory privacy and security training program and participate in other CFTC training programs as requested.

(f) In the event of an incident involving the loss, compromise or unauthorized disclosure, real or potential, of PII, the Contractor shall report the incident to the COR immediately and no later than one (1) hour upon discovery of the incident, and if the COR cannot be immediately reached, to the CFTC Chief Information Security Officer and Chief Privacy Officer. The Contractor shall cooperate with CFTC personnel in handling any investigation of the incident and mitigating risks of similar future incidents.

12. COMPUTER SECURITY

The Contractor shall obtain, read, understand, and comply with the policy and procedures of the Commission’s computer security program and limited personal use policy prior to being granted access to the internal network. Access to CFTC computer systems is requested and granted only on an as-needed basis to perform official CFTC business. Computer systems and hardware may not be modified by the Contractor without express written consent from the COR. The downloading of computer games and/or their operation is prohibited.

13. PERSONNEL SECURITY

A. Personnel suitability/security checks are required only for Contractor staff who will need access to CFTC-controlled information systems, or will need access to CFTC premises and will be unescorted while on CFTC’s premises.

B. Contractor staff who are expected to be employed on this contract for six months or less and who will require access to CFTC-controlled information systems and/or unescorted access to CFTC facilities shall be subject to a Special Agreement Check (hereinafter referred to as a “SAC” or “Check”). To initiate this Check, the Contractor shall ensure that such staff complete an OFI Form 86C (Special Agreement Check), an Authorization for Release of Information, and a release authorizing CFTC to obtain a credit report. This Check must be favorably adjudicated for the staff to obtain employment in this capacity.

C. Contractor staff who are expected to be employed on this contract for greater than six months and who will require access to CFTC-controlled information systems and/or unescorted access to CFTC facilities will be required, at a minimum, to undergo a SAC and a National Agency Check and Inquiries (NACI). The SAC must be favorably adjudicated for the staff to obtain employment in this capacity. The NACI must be favorably adjudicated post-employment for the staff to continue employment in this capacity. Depending upon the duties assigned, CFTC may require a higher level investigation, such as a Minimum Background Investigation (MBI), a Background Investigation (BI), or a Single Scope Background Investigation (SSBI). (NACI and higher level investigations are hereinafter referred to as “Investigations.”) Any higher level Investigations must be favorably adjudicated for the staff to continue employment in this capacity.

D. The Check and Investigations cited in paragraphs B and C above will not be required if: (1) Contractor staff possess a valid current Federal identity credential that is verified by the individual’s former department or agency to the satisfaction of the CFTC; and (2) the individual has undergone the required Check and/or Investigations at another agency that has been favorably adjudicated and meets or exceeds the requirements of CFTC. The CFTC has the discretion to determine whether a new Investigation is needed and whether a higher level investigation is warranted. The Contractor shall comply with this determination and shall ensure that Contractor staff complete and submit the necessary documents within the timeframe established by the CFTC or risk its staff being rendered ineligible to perform under the contract with the CFTC.

E.1. In the event Contractor staff referred to in paragraph D above meet the requirements of that paragraph, Contractor shall provide to the COR the candidates’ name, social security number, date of birth, and city and state of birth for verification purposes.

E.2. If Contractor staff do not have current clearances or a favorably-adjudicated Check and Investigation prior to working at CFTC or gaining access to federally-controlled information systems, Contractor shall ensure that the required background investigation forms, as defined by a CFTC Personnel Security Representative, are submitted to the CFTC Personnel Security Representative as follows. Forms required under paragraph B above shall be submitted to the CFTC Personnel Security Representative not later than five days after the effective date of this contract. Forms required under paragraph C and D above shall be submitted not later than five days after they are identified by CFTC.

F. Contractor staff described in paragraph B above who remain on site at CFTC for greater than six months shall be subject to the requirements of paragraph C above.

G. All investigation forms are available on the Internet at http://www.opm.gov/Forms/html/sf.asp or from the CFTC Personnel Security Representative at the following address:

CFTC Personnel Security Representative Logistics and Operations, Room 1006 Commodity Futures Trading Commission 1155 21st Street, NW Washington, DC 20581

H. Completed investigation forms shall be submitted to the CFTC Personnel Security Representative at the address cited above. The Personnel Security Representative will arrange for fingerprinting of candidates and submit completed applications and fingerprints to the Office of Personnel Management (OPM) for investigation.

I. For Contractor staff as described in paragraph C above, the SAC will serve as a pre-screening measure and will meet interim clearance needs. The subject Contractor staff may be allowed to commence work with a favorable finding on the SAC. Continuation of work for CFTC depends upon favorable adjudication by the CFTC Personnel Security Director of the NACI. If required by the Contractor staff’s work, the agency may require an investigation higher than a NACI after the Contractor staff is on board. Any subsequent Investigation must be favorably adjudicated by the CFTC Personnel Security Director in order for the Contractor staff to continue to work at CFTC.

J. The Contractor shall ensure that its staff maintains valid clearances as necessary while performing work for CFTC under this contract. However, should clearances from another agency expire during the period of performance under the contract, the Contractor shall immediately notify the COR. The Personnel Security Representative will determine if the Contractor needs to renew its staff’s clearance. If so, CFTC may initiate the necessary Checks and Investigations.

K. In addition to the security requirements cited above, prior to fingerprinting and upon commencement of work at the Commission, all staff described in paragraphs B and C above must show the Personal Security Representative two forms of original identification. One such identification must be a valid state or federal government issued picture identification; the second must be from the list of acceptable documentation contained in Form I-9. Identification verification is required before CFTC will issue a personal identification verification card to the Contractor staff.

14. TRAVEL COSTS

Costs for transportation, lodging, meals and incidental expenses incurred by Contractor personnel on official company business are allowable subject to FAR 31.205-46, Travel Costs. These costs will be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations. Travel is limited to the amount outlined in the Pricing section of Part II of the order. CFTC will not provide reimbursement for local travel costs (i.e., to and from CFTC’s Headquarters building) for contractors that are located within the Washington, DC metropolitan area.

15. FEDERAL ACQUISITION REGULATION CLAUSES

The following FAR clauses are applicable to this contract and are incorporated by reference:

Number Title Date

16. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS. (JANUARY 2013)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78).

(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. 253g and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

_X_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

_X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (11) [Reserved] _X_ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(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_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (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 (Jul 2010) of 52.219-9.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

_X_ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

_X_ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

_X_ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

_X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

_X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 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) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

_X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (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 (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(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) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($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 (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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)

PART III

QUOTATION PREPARATION INSTRUCTIONS / EVALUATION CRITERIA

1. FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS

The following FAR provision is applicable to this solicitation and is incorporated by reference:

2. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS.

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation”, as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

(5) FSC 9410, Crude Grades of Plant Materials;

(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) FSC 9610, Ores;

(9) FSC 9620, Minerals, Natural and Synthetic; and

(10) FSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled…