EFiM S RFP Updated - 11-20-19.pdf

EFiMS Request for Proposal RFP No. 70RTAC20R00000001

U.S. Department of Homeland Security

Enterprise Financial Management Software

(EFiMS) Request for Proposal

RFP Number: 70RTAC20R00000001

Department of Homeland Security Office of Procurement Operations

Information Technology Acquisition Center Washington D.C.

Table of Contents A Solicitation/Contract Form

B Supplies or Services and Prices/Costs

B.1 General

B.2 Minimum Dollar Guarantee and Maximum Contract Limitation

B.3 Periods of Performance of the IDIQ

B.4 Type of Orders Allowable Under This IDIQ Contract

B.5 IDIQ Ceiling Rates

B.6 Rate Refreshments

C Description/Specifications/Statement of Work

D Packaging and Marking

D.1 Packing, Packaging, Marking and Storage of Equipment

D.2 Markings

D.3 Equipment Removal

E Inspection and Acceptance

E.1 Clauses Incorporated by Reference

F Deliveries or Performance

F.1 Term of the Contract

F.2 Place of Performance

F.3 Deliverables

F.4 Delivery

F.5 Hours of Support

F.6 Holidays, Inclement Weather, and Furloughs

F.7 Workspace

F.8 Notice to the Government of Delays

F.9 IDIQ Ordering Reporting

F.10 Service Level Agreements

F.11 Clauses Incorporated by Reference

G Contract Administration Data

G.1 Accounting and Appropriation Data

G.2 Primary Government Roles and Responsibilities

G.2.1 EFiMS Contracting Officer (CO) – IDIQ Contract Level

G.2.2 EFiMS Contracting Officer’s Representative (COR) – IDIQ Contract Level:

G.2.3 Order Level Contracting Officer (CO)

G.3 Contractor Personnel

G.3.1 Contractor’s Program Manager (PM) (Key Personnel)

G.4 Order Placement Procedures

G.5 Direct Ordering

G.6 Ordering-By Designated Ordering Official

G.7 Ordering Placement Procedures

G.8 Order Placement Procedures Cost/Price Proposals

G.9 Unauthorized Work

G.10 Invoice Preparation and Submission

H Special Contract Requirements

H.1 Authorized Users

H.2 Software and Service Acquisition

H.3 Contractor Justification for Materials

H.3.1 Materials

H.4 Selected Items of Costs

H.4.1 Training

H.4.2 General Purpose Office Equipment (GPOE) and IT

H.5 Clause Refresh

H.6 Government Property, Information, Workspace

H.7 Past Performance Evaluation

H.8 Disclosure of “Official Use Only” Information Safeguards

H.9 Disclosure of Information--Official Use Only

H.10 Standard of Conduct at Government Installations

H.11 Advertisements, Publicizing Awards and News Releases

H.12 Branding

H.13 Contractor Employees’ Identification

H.14 Substitution of Key Personnel

H.15 Interrelationships of Contractors

H.16 Service Contract Act and Wage Determination

H.17 Section 508 Requirements

H.17.1 Instructions for Orders Requiring Delivery of ICT

H.17.2 Acceptance Criteria

H.18 Post Award Conference

H.19 Architectural Compliance

H.20 Security Review

H.21 Interconnection Security Agreements

H.22 Access to Unclassified Facilities, Information Technology Resources, and Sensitive Information

H.23 On Ramp

H.24 Off Ramp

H.25 Purchasing System

H.26 Award Term Clause

H.27 Security Requirements

H.28 Disclosure and Avoidance of Inherently Governmental Functions

H.29 Contractor Protocol

H.30 Applicability of Contract Clauses to Orders

H.31 No Private use of Contract Data

H.32 Price Re-Opener Clause

H.33 Contractor Responsibility for Software Licenses Provided to the Government

H.34 EULA Addendum for Government Licensees or Users

I Contract Clauses

I.1 Clauses

I.2 Clauses Incorporated By Reference

I.3 HSAR Clauses

I.4 Security Requirements for Unclassified Information Technology Resources

I.5 Contractor Employee Access

I.6 Organizational Conflict of Interest

I.7 Homeland Security Acquisition Regulation (HSAR) Cyber Hygiene Clauses

J List of Attachments

K Representations, Certifications, and Other Statement of Offerors or Respondents

K.1 Provisions

L Instructions, Conditions, and Notices to Offerors or Respondents

L.1 Provision

L.2 Provisions Incorporated by Reference

L.3 Proposal Schedule

L.4 Communications and Questions

L.5 Delivery of Proposal

L.6 Solicitation Copies and Enclosures

L.7 Proposal Preparation Costs

L.8 General Instructions

L.8.1 Proposal Integrity

L.8.2 General Format Instructions

L.8.3 Subcontracting

L.9 Alternate Proposals

L.10 Background and Submission Requirements

M Evaluation Factors for Award

M.1 Provisions

Part I – The Schedule A Solicitation/Contract Form

See Solicitation Standard Form 1449 above.

(End of Section A)

B Supplies or Services and Prices/Costs

B.1 General

The Enterprise Financial Management Software (EFiMS) is an Indefinite-Delivery, Indefinite- Quantity (IDIQ) contract established to provide the Department of Homeland Security and its components (collectively “DHS”) with commercially available off-the-shelf (COTS) integrated financial, procurement, and asset management systems application software licenses, Software-as-a- Service (SaaS) subscriptions, software documentation and accessory products (only if incorporated into the proposed software), and professional services as broadly described in Section C.

B.2 Minimum Dollar Guarantee and Maximum Contract Limitation

(a) Minimum. The minimum guaranteed award amount for this IDIQ contract is $2,500 for only the base period of performance of this contract (inclusive of any fee). The issuance of an Award Term period does not re-establish the contract minimum.

(b) Maximum. The cumulative dollar ceiling value of the resulting multiple award IDIQ contract is $3 Billion.

(c) The Government has no obligation to issue Orders to the Contractor beyond the amount specified in paragraph (a) of this section. Once the conditions of paragraph (a) have been met, the Contractor will continue to have the opportunity to be issued Orders under the Fair Opportunity to Compete clause in Section G, Contract Administration Data.

B.3 Periods of Performance of the IDIQ

The EFiMS IDIQ ordering period will be for up to twenty (20) years consisting of the following performance periods and durations:

Base Period: 5 years Award Term Period 1**: 5 years Award Term Period 2**: 5 years Award Term Period 3**: 3 years Award Term Period 4**: 2 years

** See the contract clause at H.26, Award Term Clause.

The EFiMS contract is a multiple year contract. It is not a multi-year contract as defined in Federal Acquisition Regulation (FAR) 17.103, Definitions. Orders may be issued at any time during the base and/or award term periods. The periods of performance for each Order will be designated at the individual order level and may include option periods which may extend the Order to no more than one year beyond the IDIQ’s current ordering period. Any Order issued under this IDIQ contract that extends beyond the IDIQ’s ordering period is still bound, for its entirety, by the terms and conditions of this IDIQ contract.

B.4 Type of Orders Allowable Under This IDIQ Contract

(a) This IDIQ contract is structured and managed in accordance with FAR Subpart 16.5, Indefinite-Delivery Contracts. Orders placed against this contract will follow the procedures described in Section G, Contract Administration Data.

(b) Orders placed against this IDIQ may be either Fixed-Price (FP), Labor-Hour (LH), Time-and-

Materials (T&M), or a hybrid of these contract types in accordance with FAR Part 16 and the terms and conditions of this IDIQ contract.

(c) Under this IDIQ, FP Orders for COTS software licenses, software license maintenance, SaaS subscriptions, and support services are anticipated. LH or T&M Orders will only be encouraged for support services that cannot be readily anticipated or defined. The exact contract type will be determined at the individual order level.

(d) IDIQs, Blanket Purchase Agreements, and Letter Contracts are not permissible order types under the EFiMS IDIQ. The following Orders are not permissible under this IDIQ contract:

(1) Orders for which COTS software licenses, software license maintenance, SaaS subscriptions, and technical support services are not the principal purpose; (2) Orders for software/system/solution integration, software/system/solution operations and maintenance (O&M), or information technology (IT) support; and (3) Orders for hardware or other than financial, procurement, and asset management software.

(e) Orders may include options as defined in FAR Part 17, Special Contracting Methods. If so, those orders will include an appropriate clause such as at FAR 52.217-6, -7, -8, and/or -9 with appropriate fill-ins.

B.5 IDIQ Ceiling Rates

Labor Rates

The hourly rates included in this IDIQ contract are fully-burdened hourly rates for each labor category and will apply to all orders issued against this contract. These are ceiling rates, as the Contractor may propose lower rates for any order. The hourly labor rates include wages, indirect costs, general & administrative expenses, and profit, including any costs associated with management of the IDIQ contract. Because the Government will make payment to the Contractor only for work under orders it may issue against this contract, costs such as IDIQ Contract Manger or management (for example, see contract clause F.9, IDIQ Order Reporting, and H.18, Post Award Conference) are subsidiary obligations of the Contractor.

B.6 Rate Refreshments

(a) The fully burdened contracted labor rates are fixed for the ordering period; however, the

Contractor may submit a proposal reducing the fixed hourly rates any time during the life of this contract. The Government will review these proposals and determine if the revised rates are fair and reasonable and in the best interest of the Government. If the rates are accepted, the Government will incorporate the new rates via a modification of the Contract.

(b) At any time and throughout the life of the contract, at the request of either the Contractor or the Government, the Contractor may propose additional labor categories, rates and descriptions in addition to the Government labor categories. These additional Order Unique labor categories, rates, and descriptions will be negotiated on a case-by-case basis (See Section G.4.1, Cost/Price Proposals, for process). The EFiMS IDIQ Contracting Officer may incorporate Order Unique labor categories, rates and descriptions in the basic IDIQ contract if a determination is made that the rate adjustments should be available across the DHS enterprise for all ordering offices.

(End of Section B)

C Description/Specifications/Statement of Work

Contractor shall provide all EFiMS requirements within the IDIQ Statement of Work (SOW), and within the terms and conditions of this IDIQ contract and resultant Orders. See Attachment J-1 for the IDIQ SOW. Each Order will incorporate its own, more detailed requirements document.

SCOPE OF CONTRACT

(a) This contract is for information technology; specifically, for Government use of a COTS system that may include many COTS subsystems. This contract does not purchase the development or delivery of a major system; rather, orders under this contract may purchase COTS software licenses, software license maintenance, SaaS subscriptions, support services, and so forth on a fixed-price basis and/or limited additional support services and so forth on a time-and-materials or labor-hour basis.

(b) This contract is one of a set of multiple-award IDIQ contracts. The scope of these contracts is intended to be broad enough to encompass the complete DHS need for Financial Management systems. Both DHS headquarters and the DHS components may issue orders for their Financial Management systems needs.

(End of Section C)

D Packaging and Marking

D.1 Packing, Packaging, Marking and Storage of Equipment

Unless otherwise specified, all items to be delivered under this IDIQ contract shall be preserved, packaged, and packed in accordance with normal commercial practices to meet the packing requirements of the carrier and ensure safe delivery at destination.

All initial packing, marking and storage incidental to shipping of equipment to be provided under this IDIQ contract shall be at the Contractor’s expense. The Contractor shall supervise the packing of all acquired equipment furnished by the Contractor and shall supervise the unpacking of equipment to be installed.

D.2 Markings

As applicable, all deliverables submitted to the IDIQ Contracting Officer (CO), IDIQ Contracting Officer’s Representative (COR), Order CO, or Order COR shall be accompanied by a packing list or other suitable shipping document that shall clearly indicate the following:

• Contract number;

• Order number;

• Name and address of the consignor;

• Name and address of the consignee;

• Government bill of lading number covering the shipment (if any); and

• Description of the item/material shipped, including item number, quantity, number of containers, and package number (if any).

Specific marking requirements may be addressed in individual Orders.

D.3 Equipment Removal

All Contractor-owned equipment, accessories, and devices located on Government property shall be dismantled and removed from Government premises by the Contractor, at the Contractor’s expense, within ninety (90) calendar days after contract expiration, or as mutually agreed by the Government and the Contractor. Exceptions to this requirement shall be mutually agreed upon and written notice issued by the Order CO. Specific requirements will be addressed in individual Orders.

(End of Section D)

E Inspection and Acceptance

See FAR 52.212-4(a).

E.1 Clauses Incorporated by Reference

None.

(End of Section E)

F Deliveries or Performance

F.1 Term of the Contract

Section B.3 provides the term of this IDIQ. Orders will specify their specific performance period(s).

F.2 Place of Performance

The place of performance shall be set forth in the individual Orders.

F.3 Deliverables

In addition to the deliverables required by this contract (for example, see contract clause F.9, IDIQ Order Reporting, any additional applicable deliverables and their specific format will be specified in the individual Orders issued under this IDIQ contract).

F.4 Delivery

The individual Orders will specify the delivery of goods and services, the delivery location, and time frame delivery shall be made.

F.5 Hours of Support

The individual Orders will specify the number of hours of support.

F.6 Holidays, Inclement Weather, and Furloughs

Holidays: Unless required under the terms of the Order or authorized by Ordering CO, Contractor shall not work at any Government facility, nor should any deliveries under this contract be made to any Government facility, on any federal holidays or day designated by Federal Statute, Executive Order or as a Presidential proclamation:

If contractor does not observe a given holiday that the Government observes, contractor may perform contract related work at contractor site or telework with authorization from the Order level COR on pre-approved work plan addressing Government tasks.

Inclement Weather: To the extent that there is no adverse impact on the overall contractor performance, contractor personnel working at the specific facility/location may also be dismissed at the discretion of the on-site Contractor Order Manager in coordination with the Order level COR when the Government grants administrative leave to Government employees, or is closed as a result of inclement weather, potentially hazardous conditions, or other special circumstances, Excused Absence: When the Federal and governmental entities grant excused absence to its employees, the Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the TO CO or the

TO COR.

Furlough: In the event that the Government personnel are furloughed, contractor is prohibited from entering the Government building.

F.7 Workspace

Contractor personnel are responsible for their own workspace and therefore, shall at the end of each workday clean up all debris, properly discard all materials, and properly store all sensitive documents resulting from their operations. If telecommuting, contractor personnel shall ensure all Government issued property is well guarded at all times by contractor personnel and all Government information is protected from public view. Negligence or loss of property and Government information will have negative impact on Contractor performance evaluation and may result in the removal of contractor personnel from the TO.

F.8 Notice to the Government of Delays

In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with an order’s delivery schedule or completion date, or as soon as the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of an order against this contract, the Contractor shall immediately notify the Order level CO and the Order level COR, in writing. This notification shall give pertinent details and this data shall be informational only in character; this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract. This notice under this clause is in addition to any other notices that may be required by other contract clauses.

F.9 IDIQ Ordering Reporting

The contractor shall submit a Microsoft Excel report of all Orders and upgrades placed on a monthly basis, or as otherwise requested by the DHS IDIQ CO, the Contracting Officer’s Technical Representative (COR), or the DHS Program Manager (PM). The Contractor shall maintain responsibility for tracking new Orders, correlating each order to the correct DHS component, and providing associated new Order quantities and costs for the reporting period.

The monthly report is due, in electronic format, on the 15th day of each month following the month in which the actions took place. For example, the January report is due February 15th .

In addition to the regular monthly submissions, the Contractor shall submit an annual report of all new Orders. At a minimum, the annual reports shall contain the following data elements:

• IDIQ Orders: List of Orders to-date sorted by DHS component and Enrollment Number, including the Order date(s) and respective PR numbers;

• Products & Services: Including labor hours incurred during the reporting period;

• Prices: Unit/hourly and extended prices of the products and services ordered (broken out by product, including Storage Keeping Unit number (SKU));

• Price Savings: The difference between the DHS IDIQ price per unit vs. the Component Task Order price per unit, multiplied by the applicable quantities;

• Order Date: Date of the Order;

• Cumulative Sales: Cumulative DHS sales data for the quarter, year, and IDIQ-to-date across the entire department and sorted by component; and

• Spend Numbers: Total spend as it relates to the estimated total spend and the percentage of the spend used and the percentage remaining.

F.10 Service Level Agreements

(a) The Service Level Agreements found in Attachment J-1 apply at the contract level and will be monitored by the CORs at both the IDIQ and Task Order levels. Service Level Agreement thresholds and performance will be continually reviewed by the Government and Contractor.

Service Level Agreement change proposals may be considered and potentially negotiated annually or at the Government’s discretion.

(b) Additional Service Level Agreements may be added at the Task Order level. If the additional

Service Level Agreements cannot be met within the ceiling prices specified in Attachment J-2, the Task Order CO shall get approval from the IDIQ CO before approving any increase in unit price.

(c) Task Order CORs will copy the IDIQ COR on all performance related issues so that systemic problems may be identified and corrected. If a component chooses to utilize Earned Value Management Systems (EVMSs), the Contractor will be required to use an Earned Value Management System on Task Orders. If applicable, the use of EVMS will be negotiated on a Task Order basis.

F.11 Clauses Incorporated by Reference

• FAR 52.242-15 Stop-Work Order (Aug. 1989)

• FAR 52.242-17 Government Delay of Work (Apr 1984)

Note: Both of these clauses apply to orders issued against this contract. Within each of these clauses, the word “contract” is understood to mean “delivery or task order,” as appropriate.

(End of Section F)

G Contract Administration Data

G.1 Accounting and Appropriation Data

Accounting and appropriation data for obligations under the contract will be set forth on individual Orders.

G.2 Primary Government Roles and Responsibilities

The following subsections describe the roles and responsibilities of individuals and/or authorized users who will be the primary Points of Contact (POC) for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time.

G.2.1 EFiMS Contracting Officer (CO) – IDIQ Contract Level

The EFiMS CO has the overall responsibility for administration of the EFiMS IDIQ. The EFiMS IDIQ CO, without right of delegation, is the only authorized individual to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. The EFiMS IDIQ CO for this contract is:

Name: TO Be Completed at Time of Award Email: TO Be Completed at Time of Award Tel No: TO Be Completed at Time of Award

G.2.2 EFiMS Contracting Officer’s Representative (COR) – IDIQ Contract Level:

The EFiMS COR is responsible for the receipt and acceptance of the IDIQ-level deliverables and reports and past performance reporting for the EFiMS IDIQ. The COR supports the EFiMS PM and the EFiMS CO in the general management of the program. The EFiMS COR will be :

Name: TO Be Completed at Time of Award Email: TO Be Completed at Time of Award Tel No: TO Be Completed at Time of Award

The COR for this contract will be identified by the CO through a written designation. A copy of the letter of designation with specific duties and responsibilities will be provided to the Contractor.

G.2.3 Order Level Contracting Officer (CO)

Goods or Services will be ordered via Orders issued by the Order level CO within the Contract User’s organization following the ordering procedures set forth under applicable law, regulation, and this IDIQ contract. All warranted DHS COs are considered Order Level COs.

G.3 Contractor Personnel

G.3.1 Contractor’s Program Manager (PM) (Key Personnel)

The PM shall be responsible for comprehensive account support for the EFiMS contract, and act as the central point of contact with the Government for all IDIQ-level issues. The PM will represent the Contractor at all post-award IDIQ-level meetings. The Contractor’s PM for this contract is:

Name: TO Be Completed at Time of Award E-mail: TO Be Completed at Time of Award Tel No: TO Be Completed at Time of Award

G.4 Order Placement Procedures

The Contractor’s products and services shall be obtained on an as-needed basis (i.e. through the issuance of orders).

The following defines the process by which a fair opportunity will be afforded, and how an order will be processed, priced, and awarded. It also defines specific, local provisions to be used for issues concerning task order consideration and payment. Finally, the role of the DHS Ombudsman is defined. Careful attention should be paid to those areas in which the procedures, processes and provisions change due to use of a different contract type or pricing methodology.

The EFIMS Ordering Guide provides additional guidance/templates for order processing.

G.5 Direct Ordering

EFiMS requirements shall be ordered by the issuance of orders in accordance with procedures outlined in this contract and FAR Part 52.216-18, Ordering. Contract users within DHS may directly place orders under the contract to obtain commercially available off-the-shelf (COTS) integrated financial, procurement, and asset management systems application software licenses, Software-as-a- Service (SaaS) subscriptions, software documentation and accessory products (only if incorporated into the proposed software), and professional services as broadly described in Section C. Ordering offices will be responsible for the issuance, administration, payment and closeout of the order. All orders are subject to the terms and conditions of this contract. In the event of conflict between an order and this contract, the contract shall prevail.

Under no circumstances, will an order change the requirements of the EFiMS contract. Should the Contract user require such a change, specific approval must first be obtained from the EFiMS IDIQ

CO.

G.6 Ordering-By Designated Ordering Official

The Government will order any supplies and services to be furnished under this contract by issuing orders (delivery orders (DO) or task orders (TOs)) on Optional Form 347, or an agency prescribed form, from the effective date of the contract through the expiration date of the contract. All warranted DHS COs are considered designated ordering officials for EFiMS.

G.7 Ordering Placement Procedures

Orders under this IDIQ contract shall utilized FAR Subpart 16.5 and should be streamlined as much as possible. Issued Orders will identify the goods or services required, provide specific technical details (including the schedule for all deliverables and the identification of any applicable Government- Furnished Property (GFP), Government-Furnished Information (GFI) and/or Government furnished workspace) and activate performance. The EFiMS Ordering Guide provides additional guidance/templates for order processing.

The Government will not directly reimburse offerors for any costs incurred for the preparation and submission of a proposal in response to solicitation(s) places against this IDIQ contract for Orders.

The Order level CO can issue an Order using any medium.

Order only.

G.8 Order Placement Procedures Cost/Price Proposals

Task Order Unique CLINs, labor categories, rates, and descriptions may be negotiated on a case-by-case basis. These additional labor categories and rates shall be approved by the IDIQ CO prior to the award of the Task Order or Task Order modification. A recommendation by the Task Order CO shall be made to the IDIQ CO after proposal evaluations have been concluded. The Task Order CO will forward to the IDIQ CO the following: (1) a justification for the unique labor category or CLIN and how it is within scope of the services described in the PWS; (2) a complete CLIN or labor category description; and (3) a rate price reasonableness analysis. The additional CLINs or labor categories and rates, once approved, shall apply to that specific Task Order only.

G.9 Unauthorized Work

The Contractor is not authorized at any time to commence performance of an Order prior to issuance of a signed Order or other written approval provided by the Order level CO to begin work.

G.10 Invoice Preparation and Submission

Please see FAR 52.212-4(g).

(End of Section G)

H Special Contract Requirements

H.1 Authorized Users

This IDIQ contract is available for the use by the DHS and its Components. DHS Component(s) Head(s) of Contracting Activity (HCA) that use another Federal agency to provide contracting support services may delegate procurement authority to allow the use of the EFiMS contracts on the Component’s behalf. It is the Component’s responsibility to ensure that the delegation precludes non- DHS orders placed on the contracts.

H.2 Software and Service Acquisition

EFiMS is a “Solutions Based Contract.” The Government anticipates that the majority of work awarded under this IDIQ contract will be software license, software maintenance, and SaaS subscriptions with incidental technical support services. The EFiMS IDIQ contract is not structured to permit the purchase of a full-range of electronic and information technology solutions, including hardware, software, or other products. Inclusion of hardware/software acquisition on an Order that is not identified in the IDIQ contract price list is not within the purview of the cognizant Government Ordering CO.

During the term of this contract, the Contractor shall deliver, furnish for Government use, or furnish for contractor use at a Government-owned facility, only personal computer products that at the time of submission of proposals were the Electronics Products Environmental Assessment Tool (EPEAT) Bronze registered or higher where such EPEAT products are available at www.epeat.net.

When a requestor specifies desktop computers, notebook computers or computer monitors and any peripheral equipment that is integral to the operation of such items, in purchase request that are not EPEAT registered and a suitable EPEAT product is available, the Contractor shall:

• Notify the requestor of the requirement to purchase an EPEAT product; and

• Provide suitable alternative products that meet EPEAT registered requirements.

The Contractor shall submit the EPEAT purchase status report annually. The annual report shall quantify the number of EPEAT registered and non-EPEAT registered products purchased or leased under this contract during each fiscal year period. The information must be reported in the template EPEAT report form provided in Attachment H-1 and submitted to DHSESO@hq.dhs.gov for the EFiMS COR; for the EFiMS CO; and carbon copy to the DHS Environment Program Manager no later than October 31 of each year. In the event no activity occurred during the reporting period, a no activity report shall be submitted.

H.3 Contractor Justification for Materials

(a) All materials required for performance under the Orders issued pursuant to this contract that are not Government-furnished, shall be furnished by the Contractor. From time to time, the Government may authorize the Contractor to use Government supply sources or DHS commodity contracts amenable to FAR Subpart 51.1.

http://www.epeat.net/ mailto:DHSESO@hq.dhs.gov

(b) The Contractor shall include a detailed description of all proposed materials in individual Order proposals.

H.3.1 Materials

When required in individual Orders, the Contractor shall submit the documentation required to the CO for approval prior to entering into any equipment lease or purchase agreement.

H.4 Selected Items of Costs

H.4.1 Training

The Government will not allow costs, nor reimburse costs associated with the Contractor training employees in an effort to attain and/or maintain minimum personnel qualification requirements of this contract. Attendance at workshops or a symposium is considered training for purposes of this clause.

H.4.2 General Purpose Office Equipment (GPOE) and IT

The cost of acquisition of General Purpose Office Equipment (GPOE) and IT shall not be allowable as direct charges to this contract. The Contractor is expected to have the necessary facilities to perform the requirements of this contract, including any necessary GPOE and IT. GPOE means equipment normally found in a business office such as desks, chairs, typewriters, calculators, file cabinets, etc.

“IT” means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, movement, control, display, switching, interchange, transmission, or reception of data or information. IT includes computers, ancillary equipment, software, firmware and similar products, services (including support services), and related resources.

H.5 Clause Refresh

DHS reserves the right to update the clauses in this contract based upon changes to the Federal Acquisition Regulation upon written notification to the contractor and by written agreement of the parties.

H.6 Government Property, Information, Workspace

The Government may provide the items listed below as necessary, for the Contractor to fulfill the tasks described in Order SOWs.

(a) Government Furnished Property (GFP). The Government may provide hardware and/or software requiring technical analysis, evaluation, verification, or study in support of a specific task. Such GFP will be specified in individual Orders. GFP provided to the Contractor in support of individual Orders shall be tracked through applicable procedures provided by the Order level CO in accordance with the FAR. Property shall be accounted for and marked accordingly for identification and tracking purposes with the Contract Number, Order Number, Serial Number and other information as required by the Order level CO. The Government will not provide hardware/software equipment required to accomplish day-to-day work requirements in support of the overall contract-level effort. All GFP shall be returned to the Government at the completion of each Order unless otherwise specified.

(b) Government Furnished Information (GFI). The Government may provide information (e.g., technical data, applicable documents, plans, regulations, specifications, etc.) in support of a specific task. Such GFI will be specified in individual Orders.

(c) Government-Furnished Workspace. Office space, online network communications, phone services and other basic facilities will be provided by the Government for contractor personnel when working at Government site. All Government unique material, forms and information related to a respective Order under this IDIQ, and which is necessary for contractor performance, will be made available to contractor. The COR will be the point of contact for identification of any required information to be supplied by the Government. All information provided to the contractor shall only be used in the manner that the Government intends it to be used and with the Government’s permission and only for the duration of the Order.

Safeguarding and Disclosure of Information: All information and documents provided for Contractor use shall be handled in accordance with the terms and conditions of the Order, IDIQ, and the classification marking (e.g. For Official Use Only (FOUO), confidential, etc.); and shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person, except as may be necessary in the performance of the contract per the direction of the tasking Government official.

Contractor/subcontractor at any tier can only disclose FOUO information in accordance with the guidance provided by the appropriate tasking Government official. Any Contractor or subcontractor personnel at any tier who is communicating “Official Use Only” information shall ensure the recipient of the disclosed information is notified in writing of the purpose to which the information may be used, with the following disclosure:

“Be advised that Official Use Only information disclosed to an individual can be used only for a stated purpose, and to the extent authorized herein, and that further disclosure of any such Official Use Only information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to 10 years, or both.”

H.7 Past Performance Evaluation

In accordance with FAR Subpart 42.15, Federal agencies are required to prepare evaluations of the contractor performance for certain contract actions, including this contract and some orders that may be issued against this contract. The Contractor should register itself at http://www.cpars.gov so it can participate in this process.

H.8 Disclosure of “Official Use Only” Information Safeguards

Any Government information made available, or to which access is provided, and which is marked “Official Use Only,” shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person, except as may be necessary in the performance of the contract. Disclosure to anyone other than an officer or employees of the Contractor or Subcontractor at any tier shall require prior written approval of the Order level CO.

Requests to make such disclosure should be addressed to the Order level CO.

H.9 Disclosure of Information--Official Use Only

Each officer or employee of the Contractor or Subcontractor at any tier to whom “Official Use Only” information may be made available or disclosed, shall be notified in writing by the Contractor that “Official Use Only” information disclosed to that individual can be used only for a purpose, and to the extent authorized herein, and that further disclosure of any such “Official Use Only” information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and 3571. Section 641 of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts to his use or the use of another, or without authority sells, conveys, or disposes of any record of the United States or whoever receives the same with the intent to convert it to his use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine or imprisoned up to 10 years, or both.

H.10 Standard of Conduct at Government Installations

The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity; and shall be responsible for taking such disciplinary action with respect to its employees in consultation with Order and EFiMS CO and COR and other Government officials, as necessary. All work under this contract shall be performed in a skillful and professional manner. The contracting officer may require, in writing, that the Contractor remove from the work any employee the contracting officer deems incompetent, careless, or otherwise objectionable.

H.11 Advertisements, Publicizing Awards and News Releases

Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any publicity/news release or commercial advertising without first obtaining explicit written consent to do so from the EFiMS IDIQ Contracting Officer. This restriction does not apply to marketing materials developed for presentation to potential Government customers of this contract vehicle.

For task orders, the Contractor shall obtain the written consent of the Order level CO. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state, or imply that the product or service provided is endorsed or preferred by the Federal Government, or is considered by the Government to be superior to other products or services.

H.12 Branding

Use of Department of Homeland Security Seal

In accordance with DHS Management Directive 123-06, 18 U.S.C. § 506, 18 U.S.C. § 701, 18 U.S.C.

§ 1017 and 28 U.S.C. § 1733(b), the usage of the DHS seal shall be requested by completing DHS Form 0030 (12/08).

Request shall be submitted to the Contracting Officer, who will be responsible for submitting the form for review by the DHS Office of Public Affairs.

DHS must be acknowledged in any presentation (oral or written) of work that is a direct result of contractor’s support work to DHS. Any presentation that contractor makes that relates to work conducted by or funded by or for DHS must be provided to the Order level COR with a courtesy copy to the Order level CO for review prior to presentation. Contractor must obtain Order level COR or CO guidance and permission prior to development of presentation or acceptance of invitation to make presentation.

Contractor is not permitted to present DHS work or their participation in DHS work for business promotional purposes, prior to Order level COR and CO permission.

Any questions, comments, or concerns on presentations shall be addressed to the respective Order level COR and CO.

H.13 Contractor Employees’ Identification

During the period of this contract, the rights of ingress and egress to and from any office for the Contractor’s personnel shall be made available, as deemed necessary by the Government. All Contractor employees, whose duties under this contract require their presence at any Government facility, shall be clearly identifiable by a distinctive badge furnished by the Government. In addition, corporate identification badges shall be worn on the outer garment at all times. Obtaining the corporate identification badge is the sole responsibility of the Contractor. All prescribed information shall immediately be delivered to the appropriate Government Security Office for cancellation or disposition upon the termination of employment of any Contractor personnel. All on-site Contractor personnel shall abide by security regulations applicable to that site.

H.14 Substitution of Key Personnel

No changes in Key Personnel will be made unless the Contractor can demonstrate that the qualifications of prospective replacement personnel are equal to, or better than the qualifications of the labor category being replaced. All proposed substitutes shall have qualifications equal to, or higher than the qualifications of the labor category to be replaced. The EFiMS Contract level CO shall be notified in writing of any proposed substitution at least fifteen (15), or thirty (30) calendar days if a security clearance is to be obtained, in advance of the proposed substitution. Such notification shall include:

(a) an explanation of the circumstances necessitating the substitution;

(b) a complete resume of the proposed substitute; and,

(c) any other information requested by the EFiMS Contract level CO to enable him/her to determine whether or not the Contractor is maintaining the same high quality of personnel that provided the partial basis for award.

The EFiMS CO will evaluate substitutions at the contract level; and the Order level COR will evaluate Order level substitutions. These individuals will evaluate such requests and promptly notify the Contractor of his/her approval or disapproval in writing. All disapprovals will require resubmission of another substitution within fifteen (15) calendar days by the Contractor.

H.15 Interrelationships of Contractors

(a) The Government has entered into other contractual relationships in order to provide technical support services in the conduct of studies, analyses and engineering activities separate from the work to be performed under this contract, yet having links and interfaces to them. Further, the Government may extend these existing relationships or enter into new relationships. The Contractor may be required to coordinate with such other Contractor(s) through the Task Manager in providing suitable, non-conflicting technical interfaces and avoidance of duplication of effort. Through suitable taskings, these other Contractor(s) may be requested to assist the Government in the technical review of the Contractor’s technical efforts.

Information on reports provided under this SOW may, at the discretion of the Government, be provided to such other Contractor(s) for the purpose of such review.

(b) A Non-Disclosure Agreement (NDA), DHS Form 11000-6, shall be signed by all Contractor employees assigned to perform services under a TO prior to any work commencing on the

TO.

H.16 Service Contract Act and Wage Determination

The entirety of the labor categories sought under this IDIQ are considered professional services. If the principal purpose of an order against this contract is to furnish services in the United States through the use of service employees, that order will include a wage determination.

H.17 Section 508 Requirements

Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L.

105-220) (codified at 29 U.S.C. § 794d) requires that when Federal agencies develop, procure, maintain, or use information and communications technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public with disabilities must be afforded access to and use of information and data comparable to that of Federal employees and members of the public without disabilities.

1. All products, platforms and services delivered as part of this work statement that, by definition, are deemed ICT or that contain ICT shall conform to the revised regulatory implementation of Section 508 Standards, which are located at 36 C.F.R. § 1194.1 & Apps. A, C & D, and available at https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf. In the revised regulation, ICT replaced the term electronic and information technology (EIT) used in the original 508 standards.

Item that contains Information and Communications Technology (ICT): Enterprise Financial Management Software Applicable Exception: N/A Authorization #: N/A Applicable Functional Performance Criteria: All functional performance criteria in Chapter 3 apply to when using an alternative design or technology that results to achieve substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by conformance to one or more of the requirements in Chapters 4 and 5 of the Revised 508 Standards, or when Chapters 4 or 5 do not address one or more functions of ICT.

Applicable 508 requirements for electronic content features and components (including Internet and Intranet website; Electronic documents; Electronic forms; Electronic document templates;

Electronic reports; Electronic training materials): All requirements in E205 apply, including all WCAG Level AA Success Criteria Apply Applicable 508 requirements for software features and components (including Web, desktop, server, mobile client applications; Electronic content and software authoring tools and platforms; Service Offerings): All requirements in Chapter 5 apply, including all WCAG Level AA Success Criteria, 502 Interoperability with Assistive Technology, 503 Application, 504 Authoring Tools Applicable 508 requirements for hardware features and components: Does not apply Applicable 508 requirements for support services and documentation: All requirements in Chapter 6 apply.

2. When providing installation, configuration or integration services for ICT, the contractor shall not reduce the original ICT item’s level of Section 508 conformance prior to the services being performed.

3. When providing maintenance upgrades, substitutions, and replacements to ICT, the contractor shall not reduce the original ICT’s level of Section 508 conformance prior to upgrade, substitution or replacement. The agency reserves the right to request an Accessibility Conformance Report (ACR) for proposed substitutions and replacements prior to acceptance.

The ACR should be created using the on the Voluntary Product Accessibility Template Version 2.2 508 (or later). The template can be located at https://www.itic.org/policy/accessibility/vpat

4. Contractor personnel shall possess the knowledge, skills and abilities necessary to address the applicable revised Section 508 Standards for each ICT.

https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf https://www.gpo.gov/fdsys/pkg/CFR-2017-title36-vol3/pdf/CFR-2017-title36-vol3-part1194.pdf

5. Exceptions for this work statement have been determined by DHS and only the exceptions described herein may be applied. Any request for additional exceptions shall be sent to the Contracting Officer and a determination will be made according to DHS Directive 139-05, Office of Accessible Systems and Technology, dated November 12, 2018 and DHS Instruction 139-05-001, Managing the Accessible Systems and Technology Program, dated November 20, 2018.

H.17.1 Instructions for Orders Requiring Delivery of ICT

1. For each commercially available Information and Communications Technology (ICT) item offered through this contract, the Offeror shall provide an Accessibility Conformance Report (ACR). The ACR shall be created using the Voluntary Product Accessibility Template Version 2.0 508 (or later). The template can be found at https://www.itic.org/policy/accessibility/vpat. Each ACR shall be completed in accordance with all the instructions provided in the VPAT template. Each ACR must address the applicable Section 508 requirements referenced in the Work Statement. Each ACR shall state exactly how the ICT meets the applicable standards in the remarks/explanations column, or through additional narrative. All “Supports”, “Supports with Exceptions”, “Does Not Support”, and “Not Applicable” (N/A) responses must be explained in the remarks/explanations column or through additional narrative. The offeror is cautioned to address each standard individually and with specificity, and to be clear whether conformance is achieved throughout the entire ICT Item (for example - user functionality, administrator functionality, and reporting), or only in limited areas of the ICT Item. The ACR shall provide a description of the evaluation methods used to support Section 508 conformance claims.

The agency reserves the right, prior to making an award decision, to perform testing on some or all of the Offeror’s proposed ICT items to validate Section 508 conformance claims made in the ACR.

2. For each ICT Item that will be developed, modified, installed, configured, integrated, maintained, or hosted by the contractor pursuant to this contract, the offeror shall provide an acknowledgement of the Section 508 requirements and a detailed explanation of the Offerors plan to ensure conformance with the requirements. The Offeror shall also describe the evaluation methods that will be used to validate for conformance to the Section 508 Standards.

3. For each commercially available authoring tool offered that generates electronic content (e.g., an authoring tool that is used to create html pages, reports, surveys, charts, dashboards, etc.), the Offeror shall describe the level of Section 508 compliance supported for the content that can be generated.

4. The…