DRAFT RFP 49100425R0001.docx

DRAFT 49100425R0001 - Operational and Technical Support for the Graduate Research Fellowship Program (GRFP)

SECTION I

This solicitation shall be conducted in Partnership Agreement between the U.S. Small Business Administration (SBA) and the National Science Foundation (NSF), dated November 2012. The Agreement delegates SBA’s 8(a) Business Development contract execution authority to the NSF, however the SAB is the prime contractor of this competitive 8(a) solicitation.

The Government anticipates awarding a contract to a single contractor resulting from this solicitation. It is NSF’s preference that the contract type for the resulting contract be a combination of Fixed Price and Time & Material contract line items, as indicated in the scope of work. Contractor Teaming Arrangements (CTAs) are allowed and the prime 8a must perform at least 51% of the work.

All submissions shall include the vendor's Name(s), Unique Entity Identifier (UEI), and the name and contact information for an authorized representative of the vendor. For Subcontractors and CTAs, the of Offereor shall include the name(s) and UEI of each vendor they are teaming with.

The current incumbent who performs this work is:

Professional Management Consulting Services, LLC 700 12th St NW STE 700 Washington DC 20005

1. STATEMENT OF WORK

See Attachment I - Statement of Work for details.

2. KEY PERSONNEL

All key personnel shall be current employees, or subcontractor(s) of the prime contractor. See the Statement of Work (SOW) Sections VIII for Special Requirements and Roles and Responsibilities.

Key personnel are expected to provide dedicated, consistent support for the life of the contract, or until replacements with equivalent or better skills are proposed by the prime contractor and accepted by NSF, in accordance with NSF 130 – Key Personnel for Solicitation (Aug 2010). Prior to diverting any of the specified individuals to other activities or programs, the Offeror shall notify the Contracting Officer (CO) reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact of such substitution upon the contract. No diversion shall be made by the Offeror without the written consent of the CO. Positions may be added or deleted from this clause during performance of the contract by mutual agreement of both parties.

To maintain program continuity, the Offeror shall provide advance written notice to both the designated COR and CO at least 30 calendar days prior to diverting or removing contractor key personnel from the contract. Noncompliance with the provisions of this Key Personnel clause may be considered a material breach of the terms and conditions of the contract for which the Government may seek all appropriate remedies, to include termination for default.

3. CONTRACTOR LABOR SUPPORT CATEGORIES

The offeror will be solely responsible for proposing and appropriately mapping the responsibilities, educational requirements, experience requirements, and certification requirements for the proposed offeror labor support categories. Resumes, commitment letters, and H1 or H1B Visa/Permanent Resident documentation (if applicable) are required for Contractor Labor Support Categories.

4. GOVERNMENT FURNISHED INFORMATION

The Government will provide access to administrative data relevant to the task order. The Government will also provide reports from prior analyses and examples of code to pull administrative data, relevant databases, and data documentation (when available) to facilitate building upon prior work.

The offeror shall not duplicate, copy, or otherwise reproduce Government Furnished Information for purposes other than those necessary for performance of the contract. At the completion of performance of the contract, the offeror must return any and all Government Furnished Information provided to and/or produced by the offeror. Access to Government Furnished Information will be terminated upon completion of contract.

END OF SECTION I

SECTION II

FAR CLAUSES

1. 52.217-8 – Option to Extend Services (Nov 1999)

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

(End of clause)

2. 52.217-9 – Option to Extend the Term of the Contract (Mar 2000)

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

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

(End of clause)

3. 52.204-27 – Prohibition on ByteDance Covered Application (June 2023)

a) Definitions. As used in this clause— Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)—

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, “No TikTok on Government Devices” Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor’s employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

4. 52.227-17 RIGHTS IN DATA—SPECIAL WORKS (DEC 2007)

(a) Definitions. As used in this clause— "Data" means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

"Unlimited rights" means the rights of the Government to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

(b) Allocation of Rights.

(1) The Government shall have—

(i) Unlimited rights in all data delivered under this contract, and in all data first produced in the performance of this contract, except as provided in paragraph (c) of this clause.

(ii) The right to limit assertion of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that data, in accordance with paragraph (c)(1) of this clause.

(iii) The right to limit the release and use of certain data in accordance with paragraph (d) of this clause.

(2) The Contractor shall have, to the extent permission is granted in accordance with paragraph (c)(1) of this clause, the right to assert claim to copyright subsisting in data first produced in the performance of this contract.

(c) Copyright—

(1) Data first produced in the performance of this contract.

(i) The Contractor shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the performance of this contract without prior written permission of the Contracting Officer. When copyright is asserted, the Contractor shall affix the appropriate copyright notice of 17 U.S.C. 401 or 402 and acknowledgment of Government sponsorship (including contract number) to the data when delivered to the Government, as well as when the data are published or deposited for registration as a published work in the U.S. Copyright Office. The Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license for all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the Government.

(ii) If the Government desires to obtain copyright in data first produced in the performance of this contract and permission has not been granted as set forth in paragraph (c)(1)(i) of this clause, the Contracting Officer shall direct the Contractor to assign (with or without registration), or obtain the assignment of, the copyright to the Government or its designated assignee.

(2) Data not first produced in the performance of this contract. The Contractor shall not, without prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract and that contain the copyright notice of 17 U.S.C. 401 or 402, unless the Contractor identifies such data and grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause.

(d) Release and use restrictions. Except as otherwise specifically provided for in this contract, the Contractor shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize others to do so, without written permission of the Contracting Officer.

(e) Indemnity. The Contractor shall indemnify the Government and its officers, agents, and employees acting for the Government against any liability, including costs and expenses, incurred as the result of the violation of trade secrets, copyrights, or right of privacy or publicity, arising out of the creation, delivery, publication, or use of any data furnished under this contract; or any libelous or other unlawful matter contained in such data. The provisions of this paragraph do not apply unless the Government provides notice to the Contractor as soon as practicable of any claim or suit, affords the Contractor an opportunity under applicable laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the Contractor's consent to the settlement of any claim or suit other than as required by final decree of a court of competent jurisdiction; and these provisions do not apply to material furnished to the Contractor by the Government and incorporated in data to which this clause applies.

(End of clause)

5. 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor.

(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency.

(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor.

(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.

6. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[X] (1) 52.203–6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

[] (2) 52.203–13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

[] (4) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

[X] (5) 52.204–10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109–282) (31 U.S.C. 6101 note).

[] (6) [Reserved] [X] (7) 52.204–14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[] (8) 52.204–15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111–117, section 743 of Div. C).

[X] (9) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

[] (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).

[X] (11)(i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

[] (ii) Alternate I (DEC 2023) of 52.204–30.

[X] (12) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

[] (14) [Reserved] [] (15) 52.219–3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[] (16) 52.219–4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[] (17) [Reserved] [X] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-6.

[] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

[] (ii) Alternate I (MAR 2020) of 52.219-7.

[X] (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

[] (21)(i) 52.219–9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

[] (ii) Alternate I (NOV 2016) of 52.219-9.

[] (iii) Alternate II (NOV 2016) of 52.219-9.

[] (iv) Alternate III (JUN 2020) of 52.219–9.

[] (v) Alternate IV (SEP 2023) of 52.219–9.

[X] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

[] (ii) Alternate I (MAR 2020) of 52.219-13.

[X] (23) 52.219–14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

[] (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[] (25) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

[X] (26) (i) 52.219–28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

[] (ii) Alternate I (MAR 2020) of 52.219–28.

[] (27) 52.219–29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[] (28) 52.219–30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

[] (30) l(26) 52.219–33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[] (32) 52.222–19, Child Labor—Cooperation with Authorities and Remedies (NOV 2023) (E.O. 13126).

[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

[X] (34)(i) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

[] (ii) Alternate I (FEB 1999) of 52.222-26.

[X] (35)(i) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

[] (ii) Alternate I (JUL 2014) of 52.222-35.

[X] (36)(i) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

[] (ii) Alternate I (JUL 2014) of 52.222-36.

[X] (37) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[X] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

[] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

[X] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[] (41)(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.)

[] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

[] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

[] (44)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (OCT 2015) of 52.223-13.

[] (45)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-14.

[] (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[] (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

[] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (48) 52.223–18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

[X] (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

[] (ii) Alternate I (JAN 2017) of 52.224-3.

[] (52)(i) 52.225-1, Buy American—Supplies (OCT 2022) (41 U.S.C. chapter 83).

[] (ii) Alternate I (OCT 2022) of 52.225–1.

[] (53)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

[] (iii) Alternate II (DEC 2022) of 52.225-3.

[] (iv) Alternate III (NOV 2023) of 52.225-3.

[] (v) Alternate IV (OCT 2022) of 52.225-3.

[] (54) 52.225–5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[] (56) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[] (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[] (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

[X] (59) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

[] (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[] (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

[X] (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

[] (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

[] (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[X] (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[] (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

[] (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

[] (ii) Alternate I (APR 2003) of 52.247-64.

[] (iii) Alternate II (NOV 2021) 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 products and commercial services:

[] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

[] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

[] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (MAY 2014) (41 U.S.C. chapter 67).

[] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

[] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

[] (9) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iv) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(v) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(vi) 52.204–27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117–328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219–8, Utilization of Small Business Concerns (SEP 2023) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222–26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222–35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222–36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222–37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xvi)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225–26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226–6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232–40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

7. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.acquisition.gov/far/index.html

NSF Clauses

8. NSF010 SECTION 8(a) DIRECT AWARD (AUG 2013)

(a) This contract is issued as a direct award between the contracting activity and the 8(a) Contractor pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the National Science Foundation. SBA retains the responsibility for 8(a) certifications, 8(a) eligibility determinations, and related issues, and will provide counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is: TBD.

(b) The contracting activity is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the contracting activity shall give advance notice to SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting activity shall also coordinate with SBA prior to processing any advance payments or novation agreements. The contracting activity may assign contract administration functions to a contract administration office.

(c) The Contractor agrees:

(1) To notify the Contracting Officer, simultaneous with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership and control.

(2) To the requirements of 52.219-14, Limitations on Subcontracting.

9. NSF020 AUTHORITY OF GOVERNMENT PERSONNEL (APR 2013)

Contracting Officer The Contracting Officer (CO) is the only person authorized to approve changes in any of the requirements under this contract. Notwithstanding any clause contained elsewhere in this contract, the said authority remains solely with the CO.

In the event the Contractor effects any change at the direction of any person other than the CO, including any change beyond the scope of authority given to the duly authorized Contracting Officer's Representative identified in the contract, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The CO has the authority to perform any and all post-award functions in administering and enforcing this contract in accordance with its terms and conditions.

Contracting Officer's Representative The Contracting Officer's Representative (COR) (Lourdes Holloway, 703-292-8027) is responsible for administering the performance of work under this contract. IN NO EVENT, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the CO prior to completion of the contract.

The COR may give technical direction to the Contractor that fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to facilitate the Contractor's compliance with the contract. To be valid, technical direction by the COR must be consistent with the general scope of work set forth in this contract; may not constitute new assignment of work nor change the expressed terms, conditions or specifications of this contract; and shall not constitute a basis for any increase in the contract estimated cost, or extension to the contract delivery schedule.

10. NSF030 SECURITY REQUIREMENTS AND ACCESS TO NATIONAL SCIENCE FOUNDATION FACILITIES AND UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (MAY 2021) Applicable Laws and Regulations

1. Records Management by Federal Agencies [44 USC 31]

2. Privacy Act of 1974 as amended [5 USC 552a]

3. Federal Information Security Modernization Act (FISMA) of 2014 [Title III, PL 113-283]

4. Homeland Security Presidential Directive 12 (HSPD-12), “Policy for a Common Identification Standard for Federal Employees and Contractors”

5. Presidential Policy Directive 21 (PPD-21), "Critical Infrastructure Security and Resilience"

6. Federal Agency Responsibilities for Review, Reporting, and Publication Under the Privacy Act [OMB Circular A-108, as amended]

7. Management's Responsibility for Enterprise Risk Management and Internal Control [OMB Circular A-123, Revised 7/15/2016]

8. Managing Information as a Strategic Resource [OMB Circular A-130, revised 7/28/2016]

9. Guidance on Inter-Agency Sharing of Personal Data – Protecting Personal Privacy [OMB M-01-05]

10. Safeguarding Against and Responding to the Breach of Personally Identifiable Information [OMB M-07-16]

11. Ensuring New Acquisitions Include Common Security Configurations [OMB M-07-18]

12. Completing the Transition to Internet Protocol Version 6 (IPv6) [OMB M-21-07]

13. Controlled Unclassified Information [CFR 2002] Applicable Standards and Guidance

1. Security Requirements for Cryptographic Modules [FIPS Publication 140-3]

2. Standards for Security Categorization of Federal Information and Information Systems [FIPS Publication 199]

3. Minimum Security Requirements for Federal Information and Information Systems [FIPS Publication 200]

4. Personal Identity Verification (PIV) of Federal Employees and Contractors [FIPS Publication 201-2]

5. Guide for Developing Security Plans for Federal Information Systems [NIST SP 800-18]

6. Guide for Conducting Risk Assessments [NIST SP 800-30]

7. Contingency Planning Guide for Federal Information Systems [NIST SP 800-34]

8. Risk Management Framework for Information Systems and Organizations: A System Life Cycle Approach for Security and Privacy [NIST SP 800-37]

9. Managing Information Security Risk: Organization, Mission, and Information System View [NIST SP 800-39]

10. Security and Privacy Controls for Information Systems and Organizations [NIST SP 800-53]

11. Control Baselines for Information Systems and Organizations [NIST SP 800-53B]

12. Guide for Mapping Types of Information and Information Systems to Security Categories [NIST SP 800-60]

13. Computer Security Incident Handling Guide [NIST SP 800-61]

14. Security Considerations in the System Development Life Cycle [NIST SP 800-64]

15. Technical Guide to Information Security Testing and Assessment [NIST SP 800-115]

16. Guide for Security-Focused Configuration Management of Information Systems [NIST SP 800-128]

17. Information Security Continuous Monitoring for Federal Information Systems and Organizations [NIST SP 800-137]

18. Supply Chain Risk Management Practices for Federal Information Systems and Organizations [NIST SP 800-161]

19. Framework for Improving Critical Infrastructure Cybersecurity [NIST Cybersecurity Framework 1.1, April 16, 2018]

20. Advanced Encryption Standard [FIPS 197]

21. Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations [NIST SP 800-171R2] NSF Policies (NSF Policies are available through the Contracting Officer)

1. NSF Manual 7, "Information Security Handbook"

2. NSF Personnel (PER) Manual

3. NSF Bulletin 13-09 Onboarding and Separation Policy for Contractors

4. NSF Bulletin 19-14 Mobile Communications Devices

5. NSF Policy Regarding the Privacy of Sensitive Information

6. NSF Privacy Impact Assessment Policy

7. NSF Privacy Impact Assessment Guide and Template

8. NSF Privacy Threshold Analysis Guide and Template

9. NSF Privacy Breach Plan

10. NSF Computer Security Incident Response and Recovery Procedure

11. Information Security and Privacy Continuous Monitoring Program

1. General

a. Policy Compliance - All Contractor personnel performing under this contract and requiring access to NSF information systems, networks, or information must comply with all Federal Information Security Modernization Act (FISMA), Office of Management and Budget (OMB), Homeland Security Presidential Directive 12 (HSPD-12), National Institute of Standards and Technology (NIST) and NSF IT security and privacy policies, procedures and guidance.

b. Compliance with Onboarding and Separation Procedures - The Contractor is responsible for its employees’ conduct and establishing in- and out-processing procedures that ensure accomplishment of the actions identified in this clause.

c. Contractor Self-Identification - In accordance with requirements set forth in the Federal Acquisition Regulation (FAR) and guidance issued by OMB, all Contractor personnel attending meetings, interacting with NSF staff to complete work assignments, and working in other situations where their Contractor status is not obvious to third parties or internal agency staff, are required to identify themselves as Contractor employees, including email signature blocks and voicemail. Contractors interacting with Government staff or the public for purely administrative functions, such as for forwarding telephone calls, may be exempted from this self-identification requirement.

d. Expiration of Contract - Contractor personnel access to NSF facilities for work performance will be revoked upon expiration of this contract or task orders issued hereunder.

e. Incorporation in Subcontracts - The Contractor shall incorporate the substance of this clause in all subcontracts.

2. Personnel Onboarding

a. Federal Identity Card - Contractor personnel assigned to work at NSF facilities shall be issued a Personal Identity Verification (PIV) card that permits their entrance to NSF facilities without going through visitor access processes. Contractor personnel may also be granted certain other privileges such as NSF email accounts and/or access to NSF information systems. This access shall be provided solely at the discretion of NSF, and may be revoked or withdrawn at any time, without notice or cause, by the Contracting Officer.

b. Background Investigation - Contractor personnel requiring access to systems operated by a Contractor for the NSF or interconnected to an NSF network, or requiring access to NSF information shall be investigated at an appropriate level. The Contractor shall not work on the contract until a favorable determination is granted. The FBI National Criminal History Check must be completed, and the investigation must be released to the Defense Counterintelligence and Security Agency (DCSA) before the cards are issued. NSF shall submit the Tier 1 (or higher level) investigation to DCSA using the standard personnel investigation forms listed in this clause, see 2.d. Required Forms. Contractors are required to report to the Division of Administrative Services (DAS) ID Card office during business hours to be electronically fingerprinted, inputted into the online Electronic Questionnaire for Investigations Processing (eQIP) system and provide other required documents to begin the investigations process. The Contractor shall submit the required forms to the NSF Personnel Security Office within five (5) days after award or assignment of an individual to a position requiring investigation.

c. Level of Investigation - Guidance for selecting the appropriate level of investigation is based on the risk of adverse impact to the NSF. The levels of risk for which investigation is required is determined by the DCSA Position Designation Record (PDR) tool. For example, IT positions typically result in a Tier 1 or Tier 2 investigation level.

i. DCSA Tier 1: Individuals having privileged access or limited privileged access to systems whose misuse can cause significant adverse impact to NSF programs. These systems include, for example, those that interconnect with a NSF network in a way that exceeds access by the general public, such as bypassing firewalls; and systems operated by a Contractor for NSF whose function, data, or information has substantial cost to replace, even if these systems are not interconnected with an NSF network.

ii. DCSA Tier 2: Individuals having privileged access or limited privileged access to systems whose misuse can cause very serious adverse impact to NSF systems and programs.

d. Required Forms - Investigation for individuals shall employ forms appropriate for the level of risk as follows:

i. DCSA Tier 1: Electronic fingerprints, online Standard Form (SF) 85 Questionnaire for Non-Sensitive Positions, Official Form (OF) 306 Declaration for Federal Employment, Credit Report Notice Form and resume.

ii. DCSA Tier 2: Electronic fingerprints, Electronic and Standard Form (SF) 85-P Questionnaire for Public Trust Positions, Official Form (OF) 306 Declaration for Federal Employment, Credit Report Notice Form and resume.

e. Proof of Investigation - Investigation of Contractor personnel may be waived by the Personnel Security Office for individuals in cases where proof of prior investigation at the Tier 1, 2 or higher level within the last two years can be obtained.

f. Physical Access to NSF Headquarters - Contractor personnel requiring routine physical access to NSF facilities for more than six months require a Personal Identity Verification (PIV) or Personal Identity Verification Interoperability (PIV-I) card.

g. Records Management Training – The Contractor shall ensure that its employees, in the performance of the contract, receive Records Management Training as it is made available in the learning management system.

h. IT Security and Privacy Awareness Training - The Contractor shall ensure that its employees, in performance of the contract, receive initial IT Security and Privacy Awareness Training before being granted access to NSF systems and networks, and receive refresher IT Security and Privacy Awareness Training annually. The Contractor may use web-based training available from NSF to meet this requirement.

i. Rules of Behavior - The Contractor shall ensure that its employees, in performance of the contract, sign and submit the “National Science Foundation (NSF) IT Security and Privacy Awareness Training Rules of Behavior” before receiving access to NSF systems and networks. Additionally, the Rules of Behavior will be signed and submitted annually at the completion of the IT Security and Privacy Awareness Training referenced in 2.h. above.

j. Insider Threat Training – If a Contractor receives, or must hold, a national security clearance, the Contractor shall ensure its contractor(s), in the performance of the contract, receive NSF Insider Threat training within 30 days of receiving a clearance, and annually thereafter.

k. Contractor Separation - At any time during the term of this contract or task orders issued hereunder, Contractor personnel issued a PIV card, granted access to NSF email or any other NSF information, that do not require any further access, and/or at completion, expiration or termination of any such contract or task order where access has been granted, shall follow the requirements in the Contractor Onboarding and Separation Guide, specifically:

i. Complete and submit the online Contractor/Guest Exit Form, which will result in termination of all access to any NSF email accounts and information systems.

ii. Report to the lobby floor visitor center to identify themselves to the personnel present and surrender their PIV.

iii. Notify the Contracting Officer Representative (COR) and appropriate Property Custodian of any NSF equipment or information to be surrendered to NSF.

3. Access Controls for NSF Systems and Information - The Contractor shall be responsible for Information Technology (IT) security for…