FCHS2_Section_J_Attachment_7_Day_One_NPS_Volunteer.pdf
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Foundation Cloud Hosting Services II (FCHS2) Section J
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SECTION J – ATTACHMENT 07
Introduction Day One Use Case – NPS VOL - Volunteer.gov
VOL - volunteer.gov
The Department of the Interior (DOI) has prepared this Day One Use Case to support the National Park Service (NPS), Washington Office Support Office
NPS Volunteer.gov is a Salesforce based, one-stop recruitment resource for public citizens to explore and apply for volunteer and public service projects to support the mission of federal agencies in the areas of, but not limited to, conservation, restoration, construction or rehabilitation of natural, cultural, historic, archaeological, recreational, or scenic resources.
Statement of Work
Background Volunteer.gov supports citizen volunteerism and service-learning opportunities for youth and adults. The system also provides for management processes that enable recruitment, application, selection, and reporting of program participants and project activities. The platform is designed and developed through a multi-agency partnership and allows public land management agencies (U.S. Department of the Interior (DOI), U.S. Forest Service, and the U.S. Army Corps of Engineers) to securely collect applications, agreements, and report on progress in meeting strategic goals of expanding and providing volunteer and service-learning opportunities to citizens. The National Park Service (NPS) is the lead agency responsible for implementation and maintenance of the system. Salesforce is the cloud platform provider for the application.
NPS requires a team of experienced Salesforce experts to handle ongoing system administration and optional development of the Salesforce platform for Volunteer.gov.
The proposed Professional Services will support desired outcomes, including:
(a) The successful daily Operations and Maintenance of the existing cloud system through the
Salesforce platform including Subject Matter Expert Support Services including Tier 3 Help Desk support and Project Management Services.
(b) Optional Development Support/Sprints including Project Management on a Time and materials basis.
Objectives To provide services including: Daily Operations and Management Support of the platform, Project Management, Subject Matter Expert level support including tier 3 Help Desk Support, and optional Development Support on a time and materials basis. These services will be used to continue the use of the Salesforce platform in support of the Volunteer.gov system and continue to develop further functionality on an as-needed basis. Considerable investments have been made on the Salesforce platform to deliver a custom-tailored environment to meet the requirements of https://www.volunteer.gov/s/
J07-2 the Federal Volunteer program, and proposals to move to a new platform will be considered out of scope of this contract.
To achieve this, these cloud services must meet applicable business, technical, security, management, and administrative objectives. The outcome of cloud services should be aligned with the Departments’ enterprise service delivery model described below and support the agency’s ability to deliver future sustainable services.
a) Provision to allow maximum flexibility to innovatively manage program cost, schedule, performance, risks, warranties, contracts and subcontracts, vendors, and data required to deliver effective migration services
b) Maintain clear government visibility into program cost, schedule, technical performance, and risk, including periodic reporting
c) Provide meaningful reporting and analytics that provide the Program with up-to-date and comprehensive information regarding technical and management performance
d) Provide a brief description on the management of any subcontractor relationships and contracts. Outline the roles and responsibilities per party involved in the service and where key responsibilities reside
e) Provide a transition plan detailing milestones, activities, and timelines for the migration and provisioning of services
f) Utilize a robust cloud environment for hosting the system that is secure and where the underlying components (OS, security patches, backups) are maintained by the vendor to reduce the required expertise in these areas by the government
Scope
Professional Services to include:
1. OPERATIONS AND MAINTENANCE
A. System Administration
● Troubleshoot and report on issues
● Overall environment and system maintenance
● Plan, test, and execute support for Salesforce planned releases and upgrades
B. Technical Support
• Break/Fix and bug remediation
• Translate Salesforce scheduled release changes, critical & security updates to impact assessment to existing solution C. Subject Matter Expert Support
• Salesforce Architect to assist with more complicated architectural and design questions / advise the development team, assist when needed on Tier 3 support issues.
D. Project Management
• Project Management staff to meet all Project Service Support requirements and deliverables in addition to providing day-to-day direction to the delivery team and serving as a direct point of contact to NPS. Overall responsible for scope, schedule, risks, status and contacts/finances
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2. OPTIONAL DEVELOPMENT SUPPORT SPRINTS
E. Business Analysts –Responsible for eliciting and developing user stories.
F. Salesforce (SF) Development –lead the development and configuration efforts for both enhancements as well as potential impacts to Operations & Maintenance.
G. Prepare, facilitate, and execute the test strategy and scripts.
H. Support the creation of training material and facilitation of the training sessions.
I. Project Management Support.
Period and Place of Performance
The base Period of Performance will be two years beginning from the date of award and four two-year option periods. The life expectancy of this project is ten years. Services will be performed remotely.
Current Environment The Volunteer.gov system currently operates on the Salesforce platform. The current environment consists of the Production environment in addition to multiple staging, training, quality assurance, and development environments using a variety of Salesforce licensing. The system currently serves a nationwide community of 30,000+ Volunteers, 800+ Volunteer Coordinators, and 15 System Administrators.
NPS staff work with development contractors to maintain the existing Salesforce system and roll out new functionality developed over time. NPS support staff include a System Owner, Business Manager, Security Officer, Technical Manager. NPS support staff provides tier 1 and tier 2 Help Desk support. NPS security staff maintain the application’s Authority to Operate status. NPS Technical manager leads daily scrum meetings with contactor staff and reviews all changes prior to elevation to the production environment.
Detailed Requirements
• Requirements Matrix - A table illustrating the degree to which their proposed solution will meet the requirements of the current hosted Salesforce environment specified in this statement of work.
• Deliverable Review - All deliverables shall be submitted to the Contracting Officer’s Representative (COR) and/or Government Technical Lead (GTL) for review, unless otherwise agreed upon. Contact information will be provided during award kick-off session.
• Service Level Metrics (Quality Measures) - General quality measures, including configuration management and performance metrics, as set forth below, are applied to each deliverable received from the Prime Vendor under this effort.
• Accuracy – Deliverables will be accurate in presentation, technical content, and adherence to accepted elements of style.
• Clarity – Deliverables will be clear and concise. All diagrams will be easy to understand and be relevant to the supporting narrative.
• Consistency to Requirements – All deliverables must satisfy the requirements of this
SOW.
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• File Editing – All text and diagrammatic files will be editable by the Government.
• Format – Deliverables will be submitted in a media mutually agreed upon prior to submission. Hard copy formats will follow any specified directives or manuals.
• Timelines – Deliverables and work products will be submitted on or before the due date specified herein or submitted in accordance with a later scheduled date determined by the Government.
• Invoicing – The Prime Vendor shall provide timely invoicing within 60 days of delivery of services.
• The Prime Vendor shall prepare and submit a weekly status report for development tasks (when applicable), and a monthly status report for Operations and Management and Development Tasks (when applicable) in accordance with the requirements of this task order. The weekly status report shall include but is not limited to the following:
A. Progress for the period: a detailed progress report of findings, key relevant activities, and accomplishments during the reporting period, including any partner activities.
B. Activities planned, to include any partner activities, for the next reporting period:
planned activities, as well as the status of all deliverables, including planned delivery date(s).
• Performance Reports - The Prime Vendor shall provide reporting and analytics that provides the Government with up-to-date and comprehensive information regarding technical and management performance (summarizing projected vs. actual measures), pricing and other related issues by bureau and office.
• Operations & Maintenance Tasks essential to consistent operation of the platform in support business requirements.
● Execute backups and restores in support of production operations as described in security below.
• Backup of data (e.g., records & files) and meta-data in accordance with the system’s disaster recovery plan.
• Recovery of data and meta-data in response to incidents impacting integrity of the system without exceeding disaster plan recovery time objectives.
● Provision user accounts in accordance with account management guidelines controlling role-based access to the system for end-user task completion, potential incidents stemming from mis-configured privileges, and scoped access to agency specific data (e.g., personally identifiable information).
● Troubleshoot & resolve accessibility issues for users.
● Operate the solution in accordance with applicable federal government security regulations & policies (e.g., data encryption, identity management, personally identifiable information, incident reporting).
● Monitor platform logs and report issues with resource availability (e.g., file/data storage limits, messaging delivery errors, license allocation shortages, or security incidents) to IEV & NISC program management staff.
a. The Prime Vendor shall prepare and submit proposed costs and timelines for optional development sprints to permit the government the opportunity to adjust scope in accordance with the Program’s available budget prior to award.
Security
In addition to the itemized list below, all Security and Privacy requirements under this task order
J07-5 shall comply with the FCHS2 base contract. Proposals should include either acceptance or alternate metrics as appropriate for cloud compute services under this task order.
Contractor shall:
(xx) Provide support and services in compliance and alignment with Federal Risk and Authorization Management Program (FedRAMP) standardized security assessment, authorization, and continuous monitoring policies as required by the scope of the project. Assessment and Authorization (A&A) activities will be included as part of the contract.
(xxi) Provision services to manage FISMA MODERATE security and privacy risk for the IT Systems life-cycle that are consistent with NIST Special Publication 800-37 and NIST Special Publication 800-53.
(xxii) Provide support for specified auditable events related to the applications or services.
(xxiii) Properly secure connections between co-located systems and integrations consistent with
Trusted Internet Connection 3.0 and similar mandates.
(xxiv) Accessibility: Applications and services that fall under the Information and
Communication Technology (ICT) services shall comply with Section 508 of the Rehabilitation Act and Web Content Accessibility Guidelines (WCAG).
(xxv) Backup and Restore: Backup content, schedule, and retention to meet the requirements in the Volunteer.gov Contingency and Disaster Recovery Plan. The current backup schedule includes weekly backups of all configuration and user data with a retention period of 1 year.
(xxvi) Incident Response: Follow IR procedures for all privacy breaches and take immediate action (within 1 hour when identified) to contain and mitigate the impact of breach and cooperate with Government officials. Contractor shall document: programs/platforms, location of breach, date/time, nature of event/loss/unauthorized access, summary description, whether personally identifiable information involved, number of users/customers impacted, estimated records, data sets affected. Submit email regardless of time or day to:
• Department of the Interior - Computer Incident Response Center (DOI-CIRC) at doicirc@ios.doi.gov and 703-648-5655.
• Contracting Officer
• Authorizing Official and/or System Owner
• Information System Security Officer and/or Cloud Service Provider portal within max.gov
Constraints
(xiv) Access Control: Cloud Service Provider has capacity to meet Federal Records Management
Requirements, including ability to support record holds, National Archives and Records Administration (NARA) requirements, and Freedom of Information Act (FOIA) requirements;
• Contractor shall not remove PII or Privacy Act material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity.
• Contractor may be required to provide necessary support to assist the Government in meeting the requirements of the Privacy Act and related laws and shall cooperate to https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-37r2.pdf https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r5.pdf https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r5.pdf mailto:doicirc@ios.doi.gov
J07-6 provide supporting documentation and access to information upon request by authorized agency officials.
• Provision services to protect Federal records appropriately and protect them from unauthorized removal from the Departments custody, including the handling of records containing information exempt from disclosure under the Freedom of Information Act (FOIA) (5 U.S.C. 552), the Privacy Act (5 U.S.C. 522a)
(5) Intellectual Property: Ensure the protection of government intellectual property (IP) and data ownership rights and those of any licensors. They shall identify and provide visibility of IP owned and managed components by them or the cloud service provider. Unless otherwise noted by contractor and government all data is owned by government.
(6) Origin of DNS: Cloud Service Provider’s external DNS security (NDSSEC) provides origin authentication and integrity verification.
(7) Authentication: Seamlessly integrate with the Agency Identity, Authorization and Access Management (IdAAM) solution that consists of the Microsoft Active Directory (AD) and Public Key Infrastructure (PKI) architecture and associated Certificate Authority and DOI HSPD-12 PIV SmartCard-based credentials.
• Provide dual-factor communication channel for cloud environment management to support Federated SAML 2.0 Government’s PIV Card authentication consistent with OMB M-11-11 “Continued Implementation of HSPD-12 for Common Identification Standard for Federal Employees and Contractors”
• Provide phishing-resistant “Identify Authentication” single sign-on credentialing options for external facing customer services consistent with M-22-09 “Moving the U.S. Government Toward Zero Trust Cybersecurity Principles”
• Contractor Personnel: Contractors authenticating into Agency cloud services shall also comply with Homeland Security Presidential Directive (HSPD-12) that require all federal entities and associated contractors have security background investigations equivalent to federal employees. Background investigations will be performed by the Office of Personnel Management (OPM).
(8) Prohibitions:
(a) Adware: DOI requests contractors to refrain from and to actively prevent adware, spam, and remarketing of information. The Contractor shall not engage in nor permit its agents to push adware, software, or marketing not explicitly authorized by the Agency. The Contractor and/or their agents shall not resell nor otherwise redistribute information gained from its access to contract users.
(b) Non-Disclosure Agreements: Contractors shall require each of their administrative employees that interfaces with the cloud services customized applications and government data to sign non-disclosure agreements at onset of project implementation. Non-disclosure agreements will be supplied by the Contracting Officer, or the Contractor may elect equivalent and approved alternative.
(c) Government Banners: A government approved logon banner must be displayed on the first page of any public access web pages. Logon warning banners must be automatically incorporated into IT Systems initial logon process and require periodic credentialed acceptance for all (federal and contractor) personnel accessing the federal IT System.
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SECTION 3. CLAUSES.
1. FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
The following clauses are hereby incorporated by reference. The full text version can be found at https://acquisition.gov/far/index.html.
• FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND
REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN
2020)
• FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (DEC 2022) and it’s ALTERNATE I (NOV 2021).
• FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)
• FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN
2013)
2. CLAUSES AND PROVISIONS IN FULL TEXT
1. FAR 52.203-18 Prohibition on Contracting with Entities That Require Certain Internal Confidentiality Agreements or Statements-Representation (JAN 2017)
(a) Definition. As used in this provision- Internal confidentiality agreement or statement, subcontract, and subcontractor , are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(End of provision)
2. FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems
(NOV 2021)
(a) Definitions. As used in this clause— https://www.acquisition.gov/far/part-52#FAR_52_203_19
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Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract
Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications
(i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
J07-9 products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
3. FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products or Commercial Services.
The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(d) Representation. The Offeror represents that— https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/
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(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—
It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services.
The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand;
model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);
or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment—
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand;
model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services—
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);
or
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(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
4. FAR 52.204-26 Covered Telecommunications Equipment or Services- Representation (OCT 2020)
(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".
(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
(End of provision)
5. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Products and Commercial Services (MAR 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 and Other Covered Entities (NOV 2021) (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:
[Contracting Officer check as appropriate.] _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).
_X_ (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.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.sam.gov/ https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim
J07-12
__ (5) [Reserved].
_X_ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (OCT 2016) (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. (NOV 2021) ( 31 U.S.C. 6101 note).
__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (OCT 2018) ( 41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)
( 15 U.S.C. 657a).
__ (12) 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).
__ (13) [Reserved] __ (14) (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.
__ (15) (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.
__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022)
( 15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 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 2021) of 52.219-9.
__ (18) (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.
__ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP
2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT
2022) ( 15 U.S.C. 657f).
__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAT
2023)( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 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)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC
2022) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26
J07-13
_X_ (31) (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_ (32) (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_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (DEC 2010) (E.O. 13496).
_X_ (35) (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).
__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 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.)
__ (37) (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.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (40) (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.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s
13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).
__ (43) (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_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While
Driving (JUN 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
_X_ (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (48) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (OCT 2022) of 52.225-1.
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 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 (JAN 2021) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3
J07-14
__ (50) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 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).
__ (52) 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…
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