Final SOO plus clauses.docx

U.S. DEPARTMENT OF AGRICULTURE

AGRICULTURAL RESEARCH SERVICE

UNITED STATES NATIONAL ARBORETUM

3501 NEW YORK, AVE. N.E.

WASHINGTON, D.C. 20002

Statement of Objectives/SOO Request for Bid for

DIGITIZING THE HERBARIUM

of the

U.S. NATIONAL ARBORETUM

WASHINGTON, D.C.

September 10, 2020

SECTION A: Statement of Objective

1. INTRODUCTION AND OVERVIEW

The U.S. National Arboretum houses the official Herbarium for all of ARS’s botanical specimens. The specimens consist of pressed, dried plant samples of various sizes, some of which are more than 200 years old. Digitizing this collection will aid in accessibility and preservation of the information contained in the original items and will allow universal access to the U.S. National Arboretum Herbarium. Currently the only way to access much of this material is to visit the Herbarium in person or request a loan of material. Digitization and webhosting of the vouchers and associated data would allow universal access to this collection, thereby increasing its scientific and cultural value enormously.

2. OBJECTIVES

· Create high-resolution images of each specimen in the Herbarium (approximately 800,000 specimens)

· Transcribe specimen and folder labels

· Manage the resulting digital assets

· Create and host a searchable website that meets ARS IT and Office of Communication standards

3. SCOPE OF WORK

Services will include the creation of high-resolution images of herbarium specimens on-site at the U.S. National Arboretum. This includes equipment set-up, training of Contractor personnel, specimen handling and preparation, imaging of sheets, and digital management of images and data. Contract options also include transcription of data from herbarium specimen labels, management of digital assets and images, and design and hosting of a searchable website.

4. PERIOD AND PLACE OF PERFORMANCE

The contract must be initiated before September 30, 2020, and it is anticipated that the contract will be awarded as an IDIQ contract with the duration of 5 years depending on the number of specimens under contract. All digitization (imaging) will take place at the U.S. National Arboretum in the Herbarium in Washington, DC using Contractor-supplied equipment and personnel. Herbarium specimens shall not be removed from the Herbarium. IT services may be provided virtually after downloading image files to a cloud server for ready access by USNA staff.

The contract will contain options so that the Government may accept all or part of the Contractor’s quote in FY20 depending on the needs of the agency.

5. TECHNICAL OVERVIEW

The Contractor shall provide qualified professionals with experience in handling and protecting herbarium specimens and recognizing and extracting data from specimens. The Contractor shall be responsible for the safety of workers and Arboretum employees and volunteers, as well as USNA property and facilities, and shall take proper measures to keep the work area secure.

The ARS on-site technical representative will oversee the project and serve as the daily POC for managing and communicating. The ARS COR will approve end deliverables, evaluate performance, and mange schedules, and only a contracting officer may change the terms and conditions of the resulting contract on behalf of the government.

6. REQUIRED TASKS

a. Preparation and Set-up

The Contractor will set up equipment for imaging onsite in a location at the U.S. National Arboretum determined by ARS and the Contractor. ARS will provide adequate space for imaging equipment and Contractor employee workspace, as well as a power source and broadband Internet connection.

All employees of Contractor (and subcontractor, if applicable) shall comply with ARS security management programs, obtain permission of the ARS Location Manager, be identified by staff and employer by wearing Contractor-issued identification badges visibly at all times on ARS property, and are restricted from unauthorized access.

Training: All employees of the Contractor (and subcontractor, if applicable) shall be trained by Government personnel in handling herbarium specimens, specific rules and procedures in the USNA Herbarium, and in relevant operation of the Contractor’s equipment. Additionally, employees will be familiar with USNA building evacuation plans and other safety measures (provided by ARS).

b. Imaging

Contractor will use on-site equipment (supplied by the Contractor) to image the contracted number of specimens. The equipment must be capable of imaging a minimum area of 12.5 x 17 inches. Pixel resolution must be 600 (pixels per ich)ppi per image. Specimens should be imaged with a 16-bit depth camera with a minimum resolution of 130 megapixels. All images must also include a ruler bearing the USNA logo (provided by ARS) and an object-level target for standardizing and calibrating the images during the digitization process. Contractor will demonstrate knowledge of and compliance with the Federal Agencies Digital Guidelines Initiative (FADGI), including use of quality targets and measurement tools for cultural heritage imaging.

Most herbarium specimens are not completely flat, as they have flowers, fruit, stems, and leaves that may be multi-dimensional. These plant parts are pressed as much as possible and glued onto the specimen sheet. Imaging technology must be able to account for the multi-dimensionality of specimens, deformed paper, and variations in color and shadows. Any packets attached to the sheets will not be opened for imaging.

Contractor equipment and personnel must be capable of digitizing at least 10,000 specimens per week so that the on-site aspect of the job can be completed without extended disruption to the facility, staff, and research.

Due to space limitations in the Herbarium, Contractor may have at most five (5) Contractor personnel on site at once.

The production of digital images shall be performed using a high-throughput digitization pipeline preferably with automated or semi-automated processes. The process includes integrated quality control, barcode recognition and reading, and file naming. Digitization shall take place in the Herbarium of the U.S. National Arboretum.

Image files will be post-processed to adjust for any deficiencies in color, exposure, and/or quality and must be cropped (if not done so concurrently during image capture) per ARS specifications. The RAW digital files must be converted into compressed Tagged Image File Format (TIFF) as well as Joint Photographic Experts Group (JPEG) formats for future publication on the Internet.

ARS staff shall be responsible for specimen handling and movement from permanent storage to pre-digitization staging and back from post-digitization staging to permanent storage. Contractor staff shall only be responsible for specimen handling and movement from pre-digitization staging to digitization and back to post-digitization staging. The Contractor shall conduct all handling and movement of specimens in accordance with Government-specified handling protocols.

Contractor will remove specimens from folders for imaging, return specimens to the same folders, and accurately maintain the exact sequence of folders for deposition back into permanent storage. Specimens must remain flat, right side up, and cannot be pressed to or come in contact with scanning equipment (i.e., flatbed scanners or document feeders will not work). Any specimen damage during handling or loose plant material discovered must be immediately reported to USNA staff.

Contractor will image every sheet in every folder (average of 10 sheets per folder) and will keep sheets organized by folder, both physically and virtually, using barcodes.

c. Folder Label Management

Folder barcodes will be managed to allow sorting and searching of specimens by taxonomic classification. Outer folders will consist of a genus name, with inner folder(s) representing species and/or subspecific names. Contractor will develop a metadata management plan to associate the taxonomic names on the folders with the resulting image files. Contractor will work with ARS to develop protocols to easily search and retrieve directories and the specimens organized within them. Folder data management may occur concurrently with imaging or may be done after scanning is complete.

Once specimens have been digitized, Contractor will ensure that image file naming is automated via sheet barcode reading.

d. Quality Control and Assurance

Within 30 days of contract award, contractor must provide a planned and systematic written approach to ensure that data conversion quality shall be met. This should address the key areas of 1) How to address errors when they occur, and 2) How to prevent errors before they occur.

Contractor must also provide a written quality control plan that identifies the detailed analytical methods and tools to monitor the quality of finished data conversion, including object-level target calibration and evaluation methods for corrective actions and inspection, and test procedures at various stages of the project.

Contractor employees must have experience with and/or be trained to handle fragile natural history specimens with extreme care and without damage.

Contractor will provide oversight and management of the entire project, including employees, equipment operation, data delivery and management, and technical support.

e. Specimen Label Transcription (Option 1)

Contractor will transcribe pertinent data from specimen labels, as selected by ARS. This will include such information as collection date, location, collector(s), and GPS coordinates.

Contractor may set up a connection to a transcription service that employs crowdsourcing to transcribe label data or automate a text recognition process if appropriate.

Upon request, Contractor will provide specimen transcription data to ARS as it is generated for ARS to store on its own server.

f. Digital Asset Management (Option 2)

Contractor will have experience with software package development for digital collections management. Contractor will provide a quote for software development to be mutually agreed upon by ARS and Contractor, which meets all ARS IT security and accessibility requirements.

Contractor will store the digitized collection on Contractor server.

ARS will have full ownership of all data and images resulting from this project and will have unrestricted access to the digital asset management system used by the Contractor.

The digital asset management system must be compliant with the International Image Interoperability Framework (IIIF) to ensure access for research, scholarship, and knowledge transfer by a broad and large base of users.

g. Web Development and Hosting (Option 3)

Contractor will use the most up-to-date technologies and innovations to capture, store, organize, and host data.

Contractor will build, host, and design the website, with context and approval provided by ARS. The website will not go “live” without express written permission from ARS.

The website must allow broad use of the collection for data mining, linkages, and data visualization.

Contractor will work with ARS to ensure that the website meets requirements of ARS Security and ARS Office of Communications and will work closely with ARS on Web development and roll-out.

7. DELIVERABLES

ARS will review deliverables and notify the contractor of findings within 10 workdays of completion of a task. Representatives of the contractor will meet with the COR and the technical representative as needed to review status and other deliverables.

Deliverables include:

1. Digital images of herbarium specimens

2. Transcription data of folder and specimen labels (Option 1)

3. Management of digital assets (Option 2)

4. Searchable and accessible website that meets ARS specifications and requirements (Option 3).

SECTION B: Instructions to Offerors

Offerors shall submit quotes by addressing items 1 & 2 outlined below. Written responses to Items a and b of Section 1 along with pricing must be submitted for the quote to be considered complete. Quotes shall be submitted electronically (PDF file or Microsoft Word documents) to the Contract Administrator.

1. CONTRACTORS PAST PERFORMANCE, PWS, AND QC/QA

The Offeror shall submit narratives addressing the following factors:

a. Past Performance Offeror shall provide the performance evaluations on a minimum of two digitization projects that are similar in complexity to the services in this requirement, and that have been satisfactorily completed within the past three years or are currently being performed. The Offeror shall have performed this work onsite. Submission of correspondence from previous project owners will suffice if performance evaluation forms are not available from the previous project owners. The Offeror shall provide references and contact information for each of these projects. The Government may contact the owner or authorized representative of the place where services were rendered. The Government may also use other tools to gather information regarding an Offeror’s qualifications and experience.

The offeror may provide past performance information contained in CPARS in lieu of the above if it otherwise meets the criteria above. Supplying information does not prevent the government from reviewing relevant information in CPARS regardless if the information was provided or not in response to this solicitation.

b. Performance Work Statement . The Offeror shall provide a quote and performance metrics and measures based on their proposed solutions to stated objectives and tasks outlined in the SOO. Offeror quote shall describe the use of labor, subcontractors (if applicable), materials and equipment, and time frame to complete the work, including how they will address all items under Section 6 in this SOO. The contractor shall demonstrate the capability to plan, manage, and perform the work of this requirement in the highest quality. This includes a clear understanding of the nature of herbarium specimens and proper handling techniques to protect the samples, as well as how to adjust image capture to account for shadow, color, and depth variations of each specimen. It will include details of the kinds of equipment to be used, workflow, number and qualifications of employees who will work on-site, and a timeline. The Offeror’s quote on how they will conduct the on-site imaging work (Items 7a – 7d) is the single most important aspect the Government will consider in awarding this contract.

c Quality Control and Quality Assurance Plan Within 30 days of contract award the Offeror shall provide a systematic plan to ensure quality of deliverables including how to address errors when they occur and how to prevent errors before they occur. Offeror shall also provide a quality control plan that identifies the detailed analytical methods and tools to monitor the quality of deliverables, including an evaluation method for corrective actions and inspection and test procedures at various stages of the project.

2. PRICING

The price quote shall include supporting documentation, assumptions, and price as outlined in Items a, b, and c below.

a. Supporting Documentation The price quote shall break down the cost to back up the pricing proposed. This shall demonstrate the correlation between the proposed technical solution quote and the pricing submitted.

b. Price Assumptions, Conditions, or Exceptions Submit all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of this statement of objectives. If not noted in this section of your quote, we assume that the offeror proposes no assumptions for award and agrees to comply with all the terms and conditions as set forth herein.

c. Price The Offeror shall provide the cost for digitization services as outlined in the specifications in this SOO and below. Offeror shall provide price for digitizing 100% of the collection (~800,000 specimens). However, ARS may award the contract for digitizing part of the collection or for the entire job. If ARS awards the contract to digitize only part of the collection, ARS will negotiate with Offeror regarding the number of specimens digitized and the price.

If the initial contract includes only a part of the collection, ARS may add to this through subsequent orders off the IDIQ contract

Offeror shall also provide price for options, as listed below.

Requirement:

Image ~800,000 herbarium specimens, managed by folders ______________

Options

SECTION C: Evaluation of Offers

This contract will be awarded to the Offeror that can provide the services that represent the best value to the Government. In addition to price, this assessment will be based on the two required documented elements of Factor 1 - Past Performance and Performance Work Statement. Award will be based on best value determination where technical and past performance is significantly more important than price.

1. PAST PERFORMANCE

The Government will evaluate the quality and customer satisfaction of previous similar jobs, with weight given to jobs that are similar in scope and objects (herbarium specimens).

2. PERFORMANCE WORK STATEMENT

The Government will evaluate the feasibility of the proposed PWS to meet the Objectives of the Agency. This is the single most important aspect of the Government will consider when awarding this contract.

3. PRICE

Price will be evaluated to determine whether it is reasonable. This determination will be based on the review of the technical solution in comparison to the total proposed price and the supporting documentation submitted.

Price shall include separate quotes for the job requirement (onsite digital imaging) and the options.

Submit all (if any) assumptions, conditions, or exceptions with any of the terms and conditions of this statement of work. If not noted in this section of your quote, we will assume that the offeror proposes no assumptions for award and agrees to comply with all the terms and conditions as set forth herein. It is not the responsibility of the Government to seek out and identify assumptions, conditions, or exceptions buried within the offeror’s quote.

Summary Checklist of Documents required for Evaluation by Government:

2b – Price assumptions (if applicable)

Narrative (if applicable)

4. INVOICING

The "Submit Invoice-to" address for USDA orders is the US Department of Treasury's Invoice Processing Platform (IPP). All invoices are to be submitted online via the electronic Invoice Processing Platform. This is a mandatory requirement initiated by the US Department of Treasury and you can find more information at this website https://www.ipp.gov/index.htm. Your company must register at https://www.ipp.gov/vendors/enrollment-vendors.htm to establish an account in order to submit an invoice.

The contractor shall submit no more than one invoice per month. The Contractor shall, at a minimum, include the following information to comply with the proper invoice submission procedures identified in FAR 32.9:

1. Name of business concern, invoice number and date.

2. Contract/order number.

3. Month/and or dates the services were provided.

4. Proper Vendor Identification FFIS number, on line 3 of “remit to” address of invoice. The proper VID# establishes the correct address where payment is directed to. VID# can be found in award document in block 17a of the award document.

5. Vendor Express Number, on line 3 of “remit to” address, if you have Vendor Express Payment (electronic payment) established with the National Finance Center in New Orleans, LA.

NOTE: Invoices that do not contain all proper information described above will be returned to the contractor for correction, re-dating of invoice, and re-submission to this office for payment.

Invoices must be submitted electronically into the IPP (Invoice Processing Platform) system.

2. CONTRACT PERIOD

The period of performance is as outlined below. The Government may contract for follow-on work as specified above by notifying the Contractor 60 days in advance.

The periods of performance are listed below:

Base Year: 09/30/2020 - 9/29/2021 Option Year 1: 09/30/2021 - 9/29/2022 (subject to the availability of funds) Option Year 2: 09/30/2022 - 9/29/2023(subject to the availability of funds) Option Year 3: 09/30/2023 - 9/29/2024(subject to the availability of funds) Option Year 4: 09/30/2024 - 9/29/2025(subject to the availability of funds)

SERVICE CONTRACT CLAUSES

FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

(DEVIATION APR 2020)

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

(1) 52.203-19, 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 (Jul 2018) (Section 1634 of Pub. L. 115–91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 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).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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 (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (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. (Oct 2015) (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 (Mar 2020) (15 U.S.C. 657a).

__ (i) Alternate I (Mar 2020) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (i) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] __ (14) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (i) Alternate I (Mar 2020).

__ (15) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

__ (i) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) 52.219-9, Small Business Subcontracting Plan (Mar 2020) (15 U.S.C. 637(d)(4)).

__ (i) Alternate I (Mar 2020) of 52.219-9.

__ (ii) Alternate II (Mar 2020) of 52.219-9.

__ (iii) Alternate III (Mar 2020) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcontracting 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 (Mar 2020) (15 U.S.C. 657 f).

X (22) 52.219-28, Post Award Small Business Program Representation (May 2020) (15 U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar 2020) (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 (Mar 2020) (15 U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__ (ii) Alternate I (July 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

__ (ii) Alternate I (July 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Jan 2019) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (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.)

__ (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 (Jun 2014) of 52.223-14.

X (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 (AUG 2011) (E.O. 13513).

X (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47)(i) 52.224–3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224–3.

X (48) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

(49)(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.

__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 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).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

__ (58) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (62) (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.

__ (iii) Alternate II (Feb 2006) 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.] x (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

X 2) 52.222-41, Service Contract Labor Standards (Aug 2018) (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 Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_x_ (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 2015).

__ (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 (Oct 2018) (31 U.S.C. 5112(p)(1)).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 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.

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

(viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

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

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

(xvi) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Jan 2019) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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)

52.216-18 Ordering.

As prescribed in 16.506(a), insert the following clause:

ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 9/30/2020 through9/29/2025

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause) encouraged to first address complaints with the ordering activity's Contracting Officer for resolution. When requested by the Contractor, the task-order and delivery-order Ombudsman for the ordering activity may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.

52.222-42 -- Statement of Equivalent Rates for Federal Hires.

As prescribed in 22.1006(b), insert the following clause:

Statement of Equivalent Rates for Federal Hires (May 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

This Statement is for Information Only:

It is not a Wage Determination

(End of Clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/?q=browsefar http://www.dm.usda.gov/procurement/policy/agar.htm

(END CLAUSES BY REFERENCE)

AGAR Clauses 452.211-74 Period of Performance.

As prescribed in 411.404(a), insert the following clause:

PERIOD OF PERFORMANCE (FEB 1988)

The period of performance of this contract is from 09/30/2020 through 09/289/2029.

(End of Clause)

452.211-75 Effective Period of the Contract.

As prescribed in 411.404(b), insert the following clause:

EFFECTIVE PERIOD OF THE CONTRACT (FEB 1988)

The effective period of this contract is from 09/30/2020 through 09/30/2020.

(End of Clause)

452.215-73 Postaward Conference.

As prescribed in 415.570, insert a clause substantially as follows:

POST AWARD CONFERENCE (NOV 1996)

A post award conference with the successful offeror is required. It will be scheduled within *15 days after the date of contract award. The conference will be held at: USNA (End of Clause)

452.216-73 Minimum and Maximum Contract Amounts.

As prescribed in 416.506(b), insert the following clause:

MINIMUM AND MAXIMUM CONTRACT AMOUNTS (FEB 1988)

During the period specified in FAR clause 52.216-18, ORDERING, the Government shall place orders totaling a minimum of 10,000, but not in excess of 350,000.

(End of Clause)

452.224-70 Confidentiality of Information.

As prescribed in 424.104, insert a clause substantially as follows:

CONFIDENTIALITY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means --

(1) information or data of a personal nature, proprietary about an individual, or (2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

(c) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause.

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the contractor may proceed with disclosure. Disagreements not resolved by the Contractor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

(End of Clause)

452.237-74 Key Personnel.

As prescribed in 437.110(d), insert a clause substantially as follows:

KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel: __________________

(b) During the first ninety (90) days of performance, the Contractor shall information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(End of Clause)

452.237-75 Restrictions Against Disclosure.

As prescribed in 437.110(e), insert a clause substantially as follows:

RESTRICTIONS AGAINST DISCLOSURE (FEB 1988)

(a) The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form, or to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor's possession, to those employees needing such information to perform the work provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify in writing, the Contracting Officer, named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(b) The Contractor agrees not to disclose any information concerning the work under this contract to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(End of Clause)

452.246-70 Inspection and Acceptance.

As prescribed in 446.370, insert the following clause:

INSPECTION AND ACCEPTANCE (FEB 1988)

(a) The Contracting Officer or the Contracting Officer's duly authorized representative will…