FCC15Q0027.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

OIG1500017

5. SOLICITATION NUMBER

FCC15Q0027

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/27/2015

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME Thomas Uberto

b. TELEPHONE NUMBER (No collect calls)

(202) 418-2620

8. OFFER DUE DATE / LOCAL TIME

07/31/2015 17:00:00

CODE EAC

Federal Communications Commission 445 12th Street, SW Washington, DC 20554

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE

WOMEN-OWNED SMALL BUSINESS

EDWOSB

8(A)

NAICS: 518210

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB RFP

14. METHOD OF SOLICITATION

ITCCODE15. DELIVER TO

FCC/ Information Technology Center 445 12th Street S.W.

Washington, DC 20554

CODE EAC16. ADMINISTERED BY

Federal Communications Commission 445 12th Street, SW Washington, DC 20554

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY Federal Communications Commission 445 12th Street, SW Room 1-A761 Washington, DC 20554

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

OFFER X SEE ADDENDUM

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

CHECKED

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

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

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

See Lines

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

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

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

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

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. _____________________________ OFFER

DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,

IS ACCEPTED AS TO ITEMS:

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

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

Uberto, Thomas 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 FAR) 53.21.2 x

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 02/2012) BACK

Table of Contents

Section Description Page Number

CS Continuation Sheet FCCInvoicing Invoicing Instructions

FCC SCRTY STBLTY FCC SECURITY AND SUITABILITY PROCESSING

FCC LIMIT GOVT OBL LIMITATION OF GOVERNMENT'S OBLIGATION

FCC POST-AWD EVAL POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE ...8

FCC DOGI Contractor Promotional and Press Releases Relating to the Contract FCC COR Contracting Officer's Representative

FCC NONPERSONAL SVC NONPERSONAL SERVICES CONTRACT

FCC UNPAID DELINQ REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW10

52.224-2 Privacy Act (Apr 1984) 52.224-1 Privacy Act Notification (Apr 1984) 52.227-14 Rights in Data - General (May 2014) 52.227-19 Commercial Computer Software License (Dec 2007) 52.212-4 Alt I Contract Terms and Conditions--Commercial Items (May 2015) - Alternate I (May 2014) 52.204-2 Security Requirements (Aug 1996) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2015)

FCC NON-DISCLOSUE CONTRACTOR EMPLOYEE AND SUBCONTRACTOR EMPLOYEE

NON-DISCLOSURE AGREEMENT

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions (Sept 2007) 52.212-3 Offeror Representations and Certifications--Commercial Items (Mar 2015) 52.212-1 Instructions to Offerors - Commercial Items (Apr 2014)

Continuation Sheet

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

0001 Hosted kCura Relativity Software 1.000000 NTE

Period of Performance: 08/24/2015 - 08/23/2018

Description: Contractor shall provide services according to the requirements of the Statement of Work.

This BPA is unfunded, any funding will be included on delivery orders placed against this BPA. The ceiling amount (for delivery orders placed against this BPA) for the time and materials component of this contract for purposes of paragraph (i)(2)-(3) of the clause 52.212-4

Alt I - Contract Terms and Conditions--Commercial Items (Dec 2014) - Alternate I (May 2014) for this CLIN is $6,000,000. The contractor exceeds this amount at its own risk. The Government is obligated only to the extent of authorized purchases actually made under the

BPA.

Reference Line: OIG1500017 - 0000

Section G - Continuation Sheet

FCCInvoicing Invoicing Instructions

Invoicing Instructions.

Unless this contract does not require submission of an invoice for payment, the Contractor’s invoices must be submitted before pay-ment can be made. An invoice is the Contractor’s bill or written request for payment under the contract for supplies delivered or ser-vices performed. An invoice shall be prepared and submitted to the Federal Communication Commissions Travel Operations Group by one of the following methods:

Method 1 (preferred) Method 2 E-mail invoices to:

FO-Einvoices@fcc.gov

Mail two copies of the invoice to:

Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Attention: TOG

FCC SCRTY STBLTY FCC SECURITY AND SUITABILITY PROCESSING

Security Requirements Suitability and Security Processing

1. General.

a. All Contractor personnel (sometimes rendered “contract personnel”) are subjected to background investigations for the pur-pose of suitability determinations. Based on their proposed duties, some Contractor personnel may also be required to have security clearance determinations. No Contractor personnel may be assigned to work on an FCC contract without a Favorable Preliminary Ad-judication determination by the FCC Security Operations Center (SOC). This includes a review of the OF 306, Declaration for Feder-al Employment (http://www.opm.gov/forms/pdf_fihl/of0306.pdf), or a written waiver from the SOC.

b. Suitability, waiver, and security clearance determination investigations are currently conducted through the SOC (202) 418-7884. If required, the individual contract employee will be provided with a review process before a final adverse determination is made. The FCC requires that any Contractor personnel found not suitable, or who has a waiver cancelled, or is denied a security clearance, shall be removed by the Contractor during the same business day that the determination is made.

c. If the Contractor personnel is re-assigned and the new position is determined to require a higher level of risk suitability than the Contractor personnel currently holds, the individual may be assigned to such position on a temporary and conditional basis while the determination is reached by the SOC. A new FCC Form A-600, “FCC Contractor Record Form” shall be completed for the new position.

d. Contractor personnel working as temporary hires (for ninety (90) days or less), must complete and receive a Favorable Pre-liminary Adjudication determination by the SOC. This includes a review of the OF 306 and completion of the Contractor personnel section of the FCC Form A-600. If, during the term of employment, the Contractor personnel will have access to any FCC Network application, the personnel must complete the mandatory FCC Initial Security Awareness Training (provided by the FCC Information Technology Center) and complete and sign the FCC Form A-200, “FCC Computer System Application Access Form,” and FCC Form A-201, “Computer System User Rules of Behavior.”

2. At Time of Contract Award.

a. The FCC Security Operations Center (SOC) must receive the completed and signed OF 306 for all proposed Contractor em-ployees at the time of contract award. NOTE: The OF 306 must be signed/dated no earlier than 30 days from the contract award date.

Resumes for all personnel proposed for assignment on the contract should be provided to the SOC prior to the time of the on-boarding process. The SOC requires a minimum of five (5) working days (from the date the forms are received) to process the OF 306 before any employee is allowed to begin work on the contract. A written waiver from the SOC may be obtained in special/extenuating cir-cumstances. All Contractor personnel, regardless of task description, must complete this form. Without an approved, completed OF 306 on file at the SOC, no contractor employee may begin work. An approved OF 306 is one that has resulted in a Favorable Prelim-inary Adjudication determination by the SOC. During the course of the SOC Preliminary Adjudication determination, the Contractor personnel may be interviewed by SOC staff regarding information on their OF 306 and shall cooperate on answering any questions asked or furnishing any written documents requested.

b. Additional Requirements for Non-U.S. Citizens. In addition to the OF 306 and A-600; the Contractor must provide the fol-lowing information on all proposed contractor employees who are not U.S. Citizens, at the time of Contract Award;

(1) Copy of Proof of Legal Status in the U.S.; i.e., foreign passport w/visa, alien registration (Green Card), Permanent Resident Alien Identification Card, or other immigration document. NOTE: Document language must indicate the individual can work in the U.S.

(2) Sponsorship Letter from the Contracting Company identifying the individual as a Non-U.S. Citizen working for the Contracting Company.

(3) Copy of resume’ or other proof that the individual has been in the U.S. at least three (3) years (consecutively), prior to applying for the current FCC Contract position.

(3) A completed SF 85, Questionnaire for Non-Sensitive Positions. NOTE: At On-Boarding, Risk Designation de-termination may require completion of SF 85P, Questionnaire for Public Trust Positions, or completion of SF 86, Questionnaire for National Security Positions (e-QIP).

c. In addition, the Contractor is responsible for submission of completed, signed computer security forms for each employee prior to that person beginning work on the contract (in accordance with FCC Instruction 1479.4, FCC Cyber Security Program and its associated Information Technology Center (ITC) Cyber Security Policy. These forms should be submitted to the FCC Cyber Security Program Office after the Contractor completes the mandatory FCC Initial Security Awareness Training.

d. The COR shall begin processing their section of the FCC Contract Personnel Record (FCC Form A-600) at this time. This form, with the COR and CO portions completed, will be distributed at the time of contract award and must be submitted to the SOC within ten (10) working days.

e. The Office of Personnel Management (OPM) will issue a Certification of Investigation (CIN) following the appropriate background investigation. The SOC will notify the COR and CO, and the contractor personnel of the Final Adjudication determina-tion, and provide instructions depending on whether the Final Adjudication is favorable or unfavorable.

3. Identity Proofing, Registration and Checkout Requirements.

a. Locator and Information Services Tracking (LIST) Registration.

(1) The FCC Security Operations Center (SOC) maintains a Locator and Information Services Tracking (LIST) data-base, containing contact information for all Commission and Contractor employees, regardless of work location. The Contractor em-ployee’s FCC Form A-600, “FCC Contractor Record Form” captures the information for data entry into the LIST system.

b. On-Boarding Process.

(1) Following the processing of the OF 306 and a Preliminary Favorable Suitability Adjudication determination (unless waived), the Contractor personnel shall report to the SOC for identity verification and access badge issuance on their first scheduled workday.

(2) All new Contractor personnel must be escorted to the SOC by either the COR or CO responsible for the contract.

At this time, the Contractor personnel must present two (2) forms of identification; one of which must be a picture ID issued by a State or the Federal government. The other piece of identification should be the original of one of the following;

U.S. Passport (unexpired) Certificate of U.S. Citizenship (Form N-560 or N-561) Certificate of Naturalization (Form N-S 50 or N-S 70) School ID Voter Registration Card U.S. Military Identification Card U.S. Military Family Member Identification Card U.S. Coast Guard Merchant Mariner Card Native American Tribal Association documents U.S. Social Security Identification Card Certificate of Birth Abroad, (Form FS-545 or Form DS-1350) Original or certified copy of a birth certificate, bearing an Official Seal

(3) After identity verification, the individual shall complete the Fingerprint Card form, PD 258, the Fair Credit Report Act Form, and be photographed and issued the appropriate access badge.

(4) At this time the Contract employee will be given one of the following forms, based on the security risk designation for the proposed support position/classification, to complete and return to the SOC within seven (7) business days;

(1) Low Risk Positions – SF 85, Questionnaire for Non-Sensitive Posi-tions.

(2) Moderate Risk Positions – SF 85-P, Questionnaire for Public Trust Positions.

(3) High Risk Position/Secret or Top Secret Security Clearances – Standard Form (SF) 86, Questionnaire for Sensitive Positions (FCC util-izes the automated e-QIP Program).

(5) For any Contractor employee whose name is provided to the Commission for security investigation at the Moderate- or High-Risk level, who subsequently leaves the subject contract due to Contractor or Contractor employee decision within the first year, the Contractor shall reimburse the Commission for the cost of the investigation. If the contract or task order is scheduled for completion in under one year and the Contractor employee for whom a security investigation has been done leaves prior to the work being completed, the Contractor and the SOC shall agree on a pro-rated amount for reimbursement. The cost may range from approximately $400.00 (Moderate Risk) to $3,200.00 (High Risk). The Contractor will be provided a copy of the investigation invoice with the reimbursement request.

c. Monthly Contractor Personnel Reports.

(1) The monthly report verifying Contractor personnel working at the FCC is a crucial element in the agency’s compli-ance with Homeland Security Presidential Directive (HSPD) 12. The format for the Monthly Contractor Report will be provided to the COR and CO. The Monthly Report is due to the SOC no later than the 3rd working day of the month following the reporting month. Accurate and timely reporting are required as part of the ongoing FCC access control efforts as mandated by HSPD-12 and Implementing Directives.

(2) The Contractor’s Program/Project Manager shall submit a Contractor personnel list to the SOC on the third work-ing day of each month. This report shall be identified by the contract name and FCC Contract number, and shall list all the Contractor employees working at the FCC in the immediately previous month.

(3) The Report shall highlight or list in some way those individuals who are no longer employed by the Contractor or who are no longer working on the subject contract, as well as any additional Contractor personnel who have been successfully pro-cessed for work on the contract by the SOC since the previous report.

(4) The report shall be delivered electronically in MS Excel Format (as per example provided) as an Attachment to an

E-Mail. The E-Mail should contain a statement of certification of accuracy and may originate with the Contract Program/Project Manager, but must be verified by the FCC COR for the Contract.

(5) No later than the 15th of each month, the SOC will notify the Contract Program/Project Manager, and the COR, to verify the Report was received on time, and whether there were any errors on the Report. Failure to submit the Report accurately, and on time, will result in notification made to the FCC Contracting Officer, recommending negative contract evaluation against the Con-tractor.

d. Departure/Checkout Processing.

(1) The Contract COR is the FCC POC for the departure/checkout process. The COR is required to send an e-mail to “Sign-Out” when a Contractor employee departs the FCC.

(2) This process verifies the access badge has been returned to the SOC by the Contractor personnel.

(3) If the checkout processing is not completed by the Contractor employee, the Contractor shall take action to ensure this action is completed no later than 30 calendar days after the employee’s departure from the FCC.

(4) Failure by the Contractor to properly out-process their personnel will result in notification made to the FCC Contracting Officer, recommending negative contract evaluation against the Contractor.

(5) The Contractor shall be liable for any damages arising from a failure to ensure that the checkout processing occurs within the thirty (30) calendar days of the Contractor employee’s departure from the

FCC.

e. Cyber Security.

(1) The Contactor shall ensure that:

(a) All Contractor employees assigned to this contract, that are required by their duties to be issued an FCC Computer Network Account, obtain, read, understand, and acknow-ledge compliance with the Policy and Procedures of FCC Instruction 1479.4, Cyber Se-curity Program and its associated Information Technology Center (ITC) Cyber Security Policy. These documents outline required safeguards for the protection of agency-sens-itive and mission-critical data. All Contractor employees must complete ITC-provided FCC Initial Security Awareness Training prior to being granted access to FCC networks and applications.

(b) All Contractor employees complete and submit to the FCC OMD-ITC, all forms re-quired to gain access to, or modify, server computer systems access. Forms include FCC Computer System Office Application and/or System Access Form, FCC Form A-200 (used to identify the user requesting access to FCC computer resources), FCC Computer System Access Acknowledgement and Form A-201 (used to verify user’s obligations to secure the Commission’s computer system and data).

(c) All Contractor access to FCC computer systems is requested in accordance with policy and procedures and limited to “as needed” to perform official requirements under the Contract.

(d) All Contractor personnel protect the confidentiality, integrity, and availability of FCC information systems and data accessed to perform official requirements under the Con-tract and that all Contractor personnel ensure that computer systems, related hardware, software, and authorizations are not modified without the expressed written consent of the FCC.

FCC LIMIT GOVT OBL LIMITATION OF GOVERNMENT'S OBLIGATION

LIMITATION OF GOVERNMENT’S OBLIGATION

(a) This contract is incrementally funded. Of the total price for this contract, only the funded (obligated) amount is presently available for payment and obligated under this contract. It is anticipated that from time to time, additional funds will be obligated under this contract by subsequent contract modifications until the contract is fully funded.

(b) The Contractor agrees to perform the contract up to the point at which the total amount paid and payable by the Government, in-cluding any amounts payable by the Government in the event of termination for convenience, approximates but does not exceed the total amount funded/obligated pursuant to this clause. The Contractor is not authorized to continue work beyond that point. The Gov-ernment’s legal liability under this contract, inclusive of any amounts payable pursuant to the FCC’s termination for its convenience, is limited to the amount funded/obligated pursuant to this clause. Any costs expended or incurred beyond the Government’s limitation of obligation are solely at the Contractor’s risk.

(c) The Contractor shall notify the Contracting Officer by e-mail at least thirty days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount paid and payable by the Government, including any amounts pay-able by the Government in the event of termination for convenience, will approximate 80 percent of the total amount then obligated to the contract pursuant to this clause. The Contractor’s notification shall state: (1) the estimated date when that point will be reached;

and (2) an estimate of additional funding, if any, needed to continue performance of the contract up to the next scheduled date for ob-ligation of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date.

(d) When additional funds are obligated for continued performance of the contract, the contract will be modified by the Contracting Officer to state the revised total of funds obligated to the contract and to indicate the period of contract performance which will be covered by the obligated funds. The provisions of paragraph (b) through (d) of this clause shall apply to the revised total of obligated funds and any agreed substitute date.

(e) If, solely by reason of failure of the Government to obligate additional funds in amounts sufficient for the timely performance of the contract, the Contractor incurs additional costs or is delayed in the performance of work under this contract, and if additional funds are obligated to the contract, an equitable adjustment may be negotiated to the price, time of delivery, or both.

(f) Once a contract period (base period or option period) is fully funded, this clause shall become inoperative for the remainder of that contract period, except with regard to rights or obligations concerning equitable adjustments negotiated under paragraph (e) of this clause. This paragraph shall not preclude operation of the clause in any subsequent option period that is incrementally funded.

(g) Nothing in this clause shall affect the Government’s right to terminate the contract for convenience or cause, or default, pursuant to this contract.

(h) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. § 1342.

(i) The terms of this clause shall apply to each option period of the contract that is exercised and incrementally funded.

FCC POST-AWD EVAL POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE

POST-AWARD EVALUATION OF CONTRACTOR PERFORMANCE

Contractor Performance Evaluations:

1. Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.1502. The fi-nal performance evaluations will be prepared at the time of completion of work.

2. The Contractor can elect to review the evaluation and submit additional information or a rebuttal statement. The contractor will be permitted 30 calendar days to respond. Contractor response is voluntary. If the contractor does not respond within 30 days, the Gov-ernment will presume that the contractor has no comment. Any disagreement between the parties regarding an evaluation will be re-ferred to an individual at a level above the Contracting Officer, whose decision is final.

3. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

The Federal Communications Commission utilizes the Contractor Performance Assessment Reporting System (CPARS) to record and maintain past performance information. CPARS hosts a suite of web-enabled applications that are used to document contractor per-formance information that is required by Federal Regulations. The CPARS module assesses performance on contracts for Systems, Services, Information Technology, and Operations Support. The Architect-Engineer Contract Administration Support System (ACASS) module assesses performance on Architect-Engineer contracts.

The Construction Contractor Appraisal Support System (CCASS) module assesses performance on Construction contracts. CPARS reference material can be accessed at:

http://www.cpars.csd.disa.mil/cparsfiles/cpars/refmatl.htm.

The registration process requires the contractor to identify an individual that will serve as a primary contact. This individual will be authorized access to the evaluation for review and comment. In addition, the contractor is encouraged to identify a secondary contact in the event the primary contact is unavailable to process the evaluation within the required 30-day time period.

After the FCC’s Contracting Officer registers the contract in CPARS, the contractor will receive a system generated e-mail notifying him/her that the contract is registered. A system generated e-mail will also provide the contractor with a User ID if the person does not already have a CPARS User ID. Once a performance evaluation has been prepared and is ready for comment, the contractor represent-ative will receive a system generated e-mail notification that the performance evaluation is electronically available for review and comment. The contractor representative will receive an automated e-mail whenever an assessment is completed and can subsequently retrieve the completed assessment from CPARS.

Contractors may access evaluations at www.cpars.csd.disa.mil for review and comment in CPARS. Past Performance evaluations and any contractor response will be made available to other federal government agencies on the Past Performance Information Retrieval System (PPIRS).

(End of clause)

FCC DOGI Contractor Promotional and Press Releases Relating to the Contract

Contractor Promotional and Press Releases Relating to the Contract.

(a) Except as set forth in the clause titled Access to Nonpublic Information and its Release (if included in this contract), the FCC does not review for accuracy or approve any statements made in contractor press releases or other promotional material relating to the Contractor’s performance under this contract or the value or importance of its services or goods provided to the FCC under this contract, nor does the FCC endorse any particular contractor or the goods or services provided by any contractor, except as allowed by 5 C.F.R. § 2635.702(c)(1)-(2).

(b) The Contractor shall not publish, distribute, or permit to be published or distributed, any press release, promotional ac-count, or statement that contains information attributed to, or quotations from, FCC personnel or the FCC itself relating to the Con-tractor’s performance under this contract or the value or importance of its services or goods provided to the FCC, unless the informa-tion is derived from a Government-wide past performance information system, is used in proper context, and is fair and accurate. In-formation contained on past performance questionnaires may be used only as approved by the Contracting Officer.

(c) Any press release, promotional material, or statement published or distributed by the Contractor that relates to this contract shall contain the following disclaimer, which shall be clearly displayed:

Disclaimer: This disclaimer is required by Contract No. [Contract No]. The Federal Communications Commission (FCC) has not re-viewed or approved any statement in this document for accuracy or validity. The FCC and its employees do not endorse goods or ser-vices provided by this firm or any other firm, except as allowed by 5 C.F.R. 2635.702(c)(1)-(2), which do not apply here.

FCC COR Contracting Officer's Representative

Contracting Officer’s Representative (COR) The FCC’s COR is responsible for monitoring the Contractor's progress in fulfilling the requirements specified in this contract or or-der. The COR ensures that all required documentation and/or services and/or supplies are submitted or performed in accordance with the requirements of this contract or order. Should the Contractor fail to fulfill any contractual requirements, the COR shall inform the Contractor of such failure. The COR shall also inform the FCC’s Contracting Officer of any technical or contractual problems or delays. The COR also approves all invoices and performs final inspection and acceptance of all work performed and/or all supplies delivered under this contract.

The FCC’s COR is not authorized to make any commitments or obligations on behalf of the FCC, including, without limitation, the exercise of options or the incurrence of any costs beyond the stated ceiling price(s) or fixed price(s). The COR shall not grant the Contractor permission to deviate from the requirements stated in the contract or order, and shall not direct the Contractor to perform any work beyond that stated in the contract or order.

By acceptance of this contract or order, the Contractor acknowledges and accepts the limited authority of the FCC’s COR, as specified herein. Further, the Contractor agrees that it will not accept any direction or instructions from the COR that are expressly prohibited herein.

The FCC’s COR for this contract or order is TBD. The COR may be reached via telephone at __, or, via email at ______________________________@fcc.gov.

Section H - Continuation Sheet

FCC NONPERSONAL SVC NONPERSONAL SERVICES CONTRACT

NONPERSONAL SERVICES CONTRACT

This contract is a “nonpersonal services contract” as defined FAR Section 37.101. It is understood and agreed that the contractor and its employees, consultants and subcontractors shall:

1. Perform the services specified herein as independent contractors, not as employees of the FCC;

2. Be responsible for their own management, supervision and administration of the work required, and bear sole re-sponsibility for complying with all technical, schedule, or financial requirements or constraints required for the per-formance of this contract; and,

3. Be free from any direct or indirect supervision or control by any FCC employee.

Notwithstanding the immediately preceding paragraph, the Contractor shall comply with Government technical direction and other in-structions exercised as a matter of right under this contract by authorized Government representatives, such as government direction as to correction of deliverables by the COR and approval rights for the replacement of key personnel by the Contracting Officer, and oth-er direction of authorized Government officers designated to ensure accomplishment of the contract requirements and objectives. The contractor’s Project Manager(s) or other designated personnel shall communicate with the COR to confirm the FCC’s work require-ments as set forth in this contract.

FCC UNPAID DELINQ REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CON-

VICTION UNDER ANY FEDERAL LAW

(a) In accordance with sections 630 and 631 of Division B of the CONSOLIDATED APPROPRIATIONS ACT, 2015, Pub. L. No.

112-74, 125 Stat. 786, 928 (2011), as extended by the CONSOLIDATED AND FURTHER CONTINUING APPROPRIATIONS ACT, 2013, Pub. L. No. 113-6, Div. F, Tit. I, 127 Stat. 198, 412 (2013), none of the funds made available by that Act may be used to enter into a contract with:

(1) Any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority respons-ible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Any corporation that was convicted, or had an officer or agent of such corporation acting on behalf of the corporation convicted, of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the convic-tion, unless the agency has considered suspension or debarment of the corporation, or such officer or agent, and made a determination that this further action is not necessary to protect the interests of the Government.

(b) By accepting this order, the Contractor represents and warrants that:

(1) It is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative rem-edies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(2) It is not a corporation that was convicted, or had an officer or agent of such corporation acting on behalf of the corporation con-victed, of a felony criminal violation under any Federal law within the preceding 24 months.

Clauses By Reference Clause Title

52.224-2 Privacy Act (Apr 1984)

52.224-1 Privacy Act Notification (Apr 1984)

52.227-14 Rights in Data - General (May 2014)

52.227-19 Commercial Computer Software License (Dec 2007)

52.212-4 Alt I Contract Terms and Conditions--Commercial Items (May 2015) - Alternate I (May 2014)

52.204-2 Security Requirements (Aug 1996)

Section I - Continuation Sheet

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (May 2015)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 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 incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

X (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment. (Aug 2013) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

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

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

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

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

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

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

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

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

X (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Oct 2014) of 52.219-9.

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

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

X (20) 52.219-16, Liquidated Damages--Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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

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

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

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

__ (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

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

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

X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

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

X (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

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

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

X (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA--Designated Items (May 2008) (42 U.S.C.

6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (37)(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.

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

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

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

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

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

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

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

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

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

__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Of-fice of Foreign Assets Control of the Department of the Treasury).

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

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

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

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

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

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

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

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

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

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

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

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

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

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

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

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

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

X (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).

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

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

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor-tunities.

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

(l) of FAR clause 52.222-17.

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

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

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

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

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

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

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

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

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

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

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

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

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

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

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

2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

Attachments Identifier Title Date Number of

Pages Statement of Work 07/24/2015 15

FCC NON-DISCLOSUE CONTRACTOR EMPLOYEE AND SUBCONTRACTOR EMPLOYEE NON-DISCLOSURE

AGREEMENT

H.XA Access to Nonpublic Information and its Release.

(a) Definition. Nonpublic information, as used in this clause, means any Government or third-party information, whether in-cluded, revealed, or learned in performance of this contract (including any purchase order or order under a task or delivery order con-tract or a GSA schedule contract), that—

(1) Has been determined by FCC to be exempt from disclosure under the Freedom of Information Act (FOIA) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public, and the FCC has not yet determined whether the information can or should be made available to the public.