HE1254-17-Q-0013-P0001.pdf

SEE ADDENDUM

(No Collect Calls)

HE125417Q0013 15-Aug-2017

b. TELEPHONE NUMBER

571-372-1402

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 24 Aug 2017

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

HE12549. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHAEL RIDLEY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

DOD EDUCATION ACTIVITY PROCUREMENT DIV

ATTN: MICHAEL RIDLEY

MICHAEL.RIDLEY@HQ.DODEA.EDU

4800 MARK CENTER DRIVE

ALEXANDRIA VA 22350-1400

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE HE1254 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DOD EDUCATION ACTIVITY

PATRICK MARTIN

ATTN: EDUCATION DIVISION

4800 MARK CENTER DRIVE

ALEXANDRIA VA 22350-1400

TEL: 571-372-5841 FAX:

FAX:

TEL: 571-372-1402 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$38,500,000

NAICS:

511210

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

HE125417Q0013

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 45,800 Each Web-based Tools

FFP

Provide Web-based Tools in accordance with Statement of Work.- See Attachment FOB: Destination

NET AMT

0002 45,800 Each Professional Learning

FFP

Provide Professional Learning in accordance with Statement of Work.- See attachment 1

0003 45,800 Each Tutorial Library

FFP

The contractor shall provide a library of tutorials for just-in time learning in accordance with Statement of Work.- See attachment 1

0004 45,800 Each Technical Support

FFP

Not Separately Priced.

Provide Technical Support in accordance with Statement of Work.- See attachment

1001 45,342 Each OPTION Web-based Tools

FFP

Provide Web-based Tools in accordance with Statement of Work.- See Attachment

1002 45,342 Each OPTION Professional Learning

FFP

Provide Professional Learning in accordance with Statement of Work.- See

1003 45,342 Each OPTION Tutorial Library

FFP

The contractor shall provide a library of tutorials for just-in time learning in

1004 45,342 Each OPTION Technical Support

FFP

Not Separately Priced.

Provide Technical Support in accordance with Statement of Work.- See attachment

2001 44,889 Each OPTION Web-based Tools

FFP

Provide Web-based Tools in accordance with Statement of Work.- See Attachment

2002 44,889 Each OPTION Professional Learning

FFP

Provide Professional Learning in accordance with Statement of Work.- See

2003 44,889 Each OPTION Tutorial Library

FFP

The contractor shall provide a library of tutorials for just-in time learning in

2004 44,889 Each OPTION Technical Support

FFP

Not Separately Priced.

Provide Technical Support in accordance with Statement of Work.- See attachment

3001 44,440 Each OPTION Web-based Tools

FFP

Provide Web-based Tools in accordance with Statement of Work.- See Attachment

3002 44,440 Each OPTION Professional Learning

FFP

Provide Professional Learning in accordance with Statement of Work.- See

3003 44,440 Each OPTION Tutorial Library

FFP

The contractor shall provide a library of tutorials for just-in time learning in

3004 44,440 Each OPTION Technical Support

FFP

Not Separately Priced.

Provide Technical Support in accordance with Statement of Work.- See attachment

4001 43,996 Each OPTION Web-based Tools

FFP

Provide Web-based Tools in accordance with Statement of Work.- See Attachment

4002 43,996 Each OPTION Professional Learning

FFP

Provide Professional Learning in accordance with Statement of Work.- See

4003 43,996 Each OPTION Tutorial Library

FFP

The contractor shall provide a library of tutorials for just-in time learning in

4004 43,996 Each OPTION Technical Support

FFP

Not Separately Priced.

Provide Technical Support in accordance with Statement of Work.- See attachment

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 1001 Destination Government Destination Government

1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2017 TO

29-SEP-2018

N/A DOD EDUCATION ACTIVITY

PATRICK MARTIN

ATTN: EDUCATION DIVISION

4800 MARK CENTER DRIVE

ALEXANDRIA VA 22350-1400

571-372-5841

HE1254

0002 POP 30-SEP-2017 TO

29-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 30-SEP-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 30-SEP-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 30-SEP-2018 TO

29-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 30-SEP-2018 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 30-SEP-2019 TO

29-SEP-2020

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 30-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 30-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 30-SEP-2019 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 30-SEP-2020 TO

29-SEP-2021

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 30-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 30-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 30-SEP-2020 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 30-SEP-2021 TO

29-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 30-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 30-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 30-SEP-2021 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreeements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies OCT 2016 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.239-1 Privacy or Security Safeguards AUG 1996 52.242-13 Bankruptcy JUL 1995 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016)

DEC 2016

252.225-7012 Preference For Certain Domestic Commodities DEC 2016 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.239-7010 Cloud Computing Services OCT 2016 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning;

or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) 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.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(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) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

(viii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

(x) 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.

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

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

13627).

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

(xiii) 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.)

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 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).

(xx) 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.

(xxi) 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)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before contract expires.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

(a) Definitions. As used in this clause--

``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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):

www.acquisition.gov

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Combo

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

HE1254

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0747 Issue By DoDAAC HE1254 Admin DoDAAC HE1254 Inspect By DoDAAC HE1254 Ship To Code See Delivery Schedule Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Nina.Lin@hq.dodea.edu Samra.Yoseph@hq.dodea.edu Patrick.Martin@hq.dodea.edu

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

disa.ogden.esd.mbx.cscassig@mail.mil

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

ADMINISTRATIVE INFORMATION

A. POINTS OF CONTACT

Contracting Officer: Nina Lin

4800 Mark Center Drive

Alexandria, VA 22350-1400 Telephone: 571-372-1445

Nina.Lin@hq.dodea.edu

Contracting Specialist Samra Yoseph

4800 Mark Center Drive Alexandria, VA 22350-1400

Telephone: 571-372-1448 Samra.Yoseph@hq.dodea.edu

Government Point of Contact: Patrick Martin 4800 Mark Center Drive Alexandria, VA 22350 Telephone: 571-372-5841 Patrick.Martin@hq.dodea.edu

Vendor POC: To Be Completed After Contract Award

ATTACHMENT 1

Statement of Work

K-6 CONTENT CREATION TOOL

1.0 INTRODUCTION

The Department of Defense Education Activity (DoDEA) serves the educational needs of the dependents of military and civilian employees by providing Pre-Kindergarten (PK)-12 instruction to approximately 81,000 students in seven states, twelve countries, Guam, and Puerto Rico. The number of students varies based on the deployment of military troops worldwide.

DoDEA is headquartered in Alexandria, VA and has three administrative regions:

1. DoDEA Europe (EU) - operates four districts in eight countries encompassing 75 schools.

The countries include Germany, Belgium, the Netherlands, the United Kingdom, Bahrain, Italy, Spain, and Turkey. DoDEA Europe enrollment is approximately 31,000 students, with the majority located in Germany.

2. DoDEA Pacific (PAC) - operates four school districts (Guam, Japan, South Korea, and Okinawa), 50 schools, and 24,000 students affiliated with 22 military installations within the Pacific.

3. DoDEA Americas (AM) - serves the educational needs of military and civilian employee dependents by providing PK-12 instruction to over 25,000 students. DoDEA Americas includes the Area Office located in Peachtree City (PTC), Georgia, six District Superintendent Offices (Georgia/Alabama, Kentucky, Fort Bragg, Camp Lejeune, New York/Virginia/Puerto Rico and South Carolina/Fort Stewart/Cuba) and their respective 63 schools.

2.0 BACKGROUND

http://www.dodea.edu/Europe/index.cfm

This is a first time contract for creativity and story boarding tools licenses to support upgrade under the new Windows 10 deployment.

3.0 SCOPE

DoDEA requires (1) a vendor-hosted, web-based instructional tool to assist elementary school students to become familiar with common web-based tools and (2) related virtual professional learning to include a library of tutorials and reference materials.

4.0 REQUIREMENTS

4.1 Web-based Tools — The Contractor shall provide vendor-hosted, web-based content creation tools for grade K-6 students with the following features:

4.1.1 Allow users to create or assign (1) picture-based presentations with audio recordings and timing, (2) storyboards, and (3) online journals with the aim of students creating their own ePub documents.

4.1.2 Enable teachers to align projects to the College and Career Ready (CCR) standards.

4.1.3 Enable assessment of student work with rubrics created by the teacher.

4.1.4 Provide resource kit to integrate the tool to achieve specific CCR curriculum and learning goals.

4.1.5 Include lesson plans and instructional aids for Language Arts, Mathematics, Science, and Social Studies to help teachers integrate the tool into their curriculum.

4.1.6 Provide parents guides with practical activities to engage their children in learning at home.

4.2 Professional Learning —The Contractor shall provide virtual professional learning for teachers and administrators in the use of tools.

4.3 Tutorial Library- The contractor shall povide a library of tutorials for just-in time learning.

4.4 Technical Support-Provide industry-standard technical support for its digital resources, at the option of the user seeking such support, via telephone or at a minimum by email within one business day or less from the initial contact throughout the life of the contract to include but not limited to providing assistance with service problems, product setup, upgrades, and troubleshooting. Provide customer support via telephone or email will be required; and will include but is not limited to providing assistance with service problems, product setup, upgrades, and troubleshooting.

4.5 Privacy. The Contractor shall:

Ensure that individual user accounts require have unique usernames and passwords and that user accounts do not require personally identifiable information (PII)—first and last name and any other unique personal information—to access online content.

Complete DoD's Privacy Impact Assessment (DD2930a), a requirement of the Privacy Office for any cloud resource that will store information. The form focuses primarily on the kind of required information in the system and the protections in place for data, especially privacy data. This form shall not be signed by the Contractor. Note: Prior to award, it will be completed and signed by DoDEA officials.

4.6 Post-Award Conference. The Contractor shall meet with Contracting Officer’s Representative (COR) within 5 calendar days after contract award. The meeting will confirm the preliminary requirements of the grants review, the number of days required to perform the review, the date the report will be due, and any other preliminary arrangements/needs.

4.6.1 The post-award meeting shall take place in person, at 4800 Mark Center Drive, Alexandria, VA 22350, or by phone.

4.6.2 The contractor shall contact the COR to set up the post-award meeting no later than three working (3) days after contract award.

5.0 INFORMATION TECHNOLOGY REQUIREMENTS APPLICABLE TO

DIGITAL (INFORMATION TECHNOLOGY) CURRICULAR MATERIALS

5.1 Software and Cloud Testing Requirements

5.1.1 All online resources, cloud-based services and instructional software shall meet Department of Defense (DoD) and DoDEA Information Assurance requirements as defined below. Software, cloud services, and associated websites shall undergo comprehensive testing to ensure they pose no security risk to DoDEA infrastructure.

5.1.2 The Contractor shall assure that the proposed product solution does not modify DoDEA’s underlying system security configuration and/or interfere with other installed software.

Standard software will undergo pre- and post-installation scans on a clean computer image and over 70 other security and malware validation checks.

5.1.3 In accordance with DoD policy, cloud-based services shall undergo a supplemental series of validations, which closely mirror the Federal Risk and Authorization Management Program (FedRAMP) Internet Cloud vetting processes and include interviews and deep system architecture inspections with the Contractor. The Contractor shall submit a completed copy of the Cloud Services Questionnaire(at the end of this SOW), which will include details of the proposed cloud service environment addressing the following seven areas:

1. Vendor Data Collection and Distribution Controls

2. Vendor System Management and Security Controls

3. Vendor Data Storage and Data Access Controls

4. Vendor Data and Metadata Retention Controls

5. Vendor Development and Change Management Processes

6. Vendor Test and Development Environment Security Controls

7. Vendor Data Breach, Incident Investigation and Response Mechanisms

5.1.4 System Requirements.

5.1.4.1 Per Section 5.1 (above), DoDEA requires that any software installed and/or accessed in a

DoDEA system, whether network, stand-alone or web-based environment, be compatible with standards cited herein. All software shall be completely functional on a standard DoDEA desktop without the need/requirement for administrative-level user rights or a requirement to insert media (CD/DVD) to execute the software. Software shall not require modifications to folder permissions while executing. Also all software shall be compatible with the following hardware baseline:

Specifications Minimum Memory 4 GB

Hard Drive 100 GB Processor Intel-based 2.4 GHz

Operating System Windows 7 Enterprise; Windows

Browser Environment Chrome; Edge; IE 10 or higher

5.1.4.2 The Contractor shall provide the minimum desktop/server system technical specifications, available reference architectures, networking specifications and diagrams, and applicable systems configuration documentation for the proposed product solution.

5.1.5 Data Management Requirements

5.1.5.1 The Contractor shall provide a mechanism for batch administration and automation of routine data management tasks via flat file import or representational state transfer (REST)-based web service application programming interfaces (APIs), including the provisioning and ongoing management of data objects within the Contractor’s system, including but not limited to organizational structures, student accounts, staff accounts, courses, and class rosters.

5.1.5.2 The Contractor shall provide all necessary documentation and assets to facilitate batch administration and automation of routine data management tasks, including but not limited to: roster template files (i.e., comma separated value templates); data element/field definitions documentation; data interchange formats and schemas

(XML/JSON); and/or data dictionaries for the purpose of mapping organizational Student Information System (SIS) data to the Contractor’s required input formats.

5.1.5.3 The Contractor shall provide a single point of contact to support DoDEA in performing required data integration activities within the Contractor’s system.

5.1.5.4 The Contractor shall configure DoDEA enterprise within its system and/or databases as the appropriate organizational entity (i.e., state, district, school) upon a request in writing from the Contracting Officer’s Representative (COR). DoDEA’s organization hierarchy consists of the following: one system, three regions, eight districts, 62 communities, and 168 schools, which includes the Virtual High School.

5.1.5.5 The Contractor shall coordinate a technical meeting with DoDEA within ten business days after award for the purposes of preparing for the onboarding of new services and the initial configuration of administrator level accounts.

5.1.6 DoDEA Software License Keys. The Contractor shall provide license keys and electronic downloads for software required under this Contract to the DoDEA COR.

Software shall not be provided directly to DoDEA school, district, and/or region offices unless explicitly identified in the Requirements section of the contract or in writing by the COR.

5.1.7 DoDEA Information Assurance Supporting Elements / Requirements.

5.1.7.1 DoDEA is subject to Federal statute and DoD policy and guidance. They include but are not limited to the Information Assurance requirements defined in:

DoD Directive (DoDD) 8500.01E, Information Assurance, which may be found at http://dodcio.defense.gov/Portals/0/Documents/DIEA/850001p.pdf.

DoD Risk Management Framework (DODRMF) per DoD Instruction 8510.01, which may be found at http://www.dtic.mil/whs/directives/corres/pdf/851001_2014.pdf.

DoD Security Technical Implementation Guidance (STIG), which may be found at http://iase.disa.mil/stigs/Pages/index.aspx

5.1.7.2 The Contractor shall provide security patches and upgrades to include third-party applications in response to public-released security vulnerabilities associated with its software solution. Software upgrades and patches shall be included in the licensing cost and be performed at the least disruptive times as determined by DoDEA. Any deviations from this requirement will be approved in writing by DoDEA’s Chief Technology Officer.

5.1.7.3 All software packages shall support unattended installation methods used by enterprise software packaging and deployment systems. DoDEA currently distributes software packages via Microsoft System Center Configuration Manager (SCCM). Note: Older 16-bit software will be automatically denied per this requirement.

http://dodcio.defense.gov/Portals/0/Documents/DIEA/850001p.pdf http://www.dtic.mil/whs/directives/corres/pdf/851001_2014.pdf

5.1.7.4 Any portion of the Contractor's solution that:

5.1.7.4.1 Involves Internet access by DoDEA students shall comply with the relevant requirements of the Children's Internet Protection Act, Pub.L. 106-554, § 1(a)(4) [Div.

B, Title XVII, § 1701], Dec. 21, 2000, 114 Stat. 2763, 2763A-335.

5.1.7.4.2 Collects or stores agency-owned or agency-controlled personally identifiable information shall do so in accordance with the relevant requirements of the Privacy Act, 5 U.S.C. Additional information may be found at http://www.archives.gov/about/laws/privacy-act-1974.html.

5.1.7.4.3 Collect information from children under the age of 13 through the Internet shall comply with the relevant requirements of the Children's Online Privacy Protection Act, 15 U.S.C.A. § 6501 et seq.

5.1.7.5 Contractor’s solution shall be robust enough to serve the needs of a large community of learners dispersed across the world using a variety of bandwidths. They shall be scalable to meet future growth both in terms of instruction and number of users.

5.1.7.6 All Contractor staff with access to DoDEA student and/or teacher personally identifiable information shall take the DoD Privacy Act/ Personally Identifiable Information (PA and PPI/PII) training before gaining access to the data and yearly thereafter.

5.1.8 Maintenance and Support. Maintenance and support shall be available for the duration of the contract. Maintenance is defined as automatic distribution of upgrades and revisions that can be accomplished through coordination with the COR. The Contractor shall not contact schools directly but shall coordinate the dissemination of upgrades/ revisions through the COR and shall provide electronic access of the updates/revisions to the COR for testing prior to distribution.

5.1.9 Section 508 Compliance. Electronic Information Technology (EIT) Requirement: All electronic hardware and software must comply with Section 508 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794d) and Architectural and Transportation Barriers Compliance Board Electronic Information Technology Accessibility Standards (36 CFR part 1194). Additional information may be found at the following URL:

http://www.section508.gov.

6.0 PERFORMANCE AND DELIVERY SCHEDULE

The Contractor shall furnish all services to be performed and all items to be delivered in accordance with the following delivery schedule:

Items/Task Ref. Timeline Post-Award Conference 4.5 Five business days after award http://www.archives.gov/about/laws/privacy-act-1974.html

Items/Task Ref. Timeline Post-Award Technical

Meeting 5.1.55 Ten business days after award

Access to Content Creation Tools 4.1 Two business days after receipt of delivery order Professional Learning &

Library 4.2 Ongoing after virtual system access

Technical Support 4.3 Ongoing after virtual system access

CLOUD QUESTIONAIRE

DoDEA Cloud Questionnaire

Directions The Department of Defense Education Activity (DoDEA) must review each vendor’s cloud-based solution individually to determine if it is compatible with DoD’s guidelines.

The answers you provide to this questionnaire will enable us to do that evaluaton quickly and effectively. Your assistance is much appreciated

Please provide the point(s) of contact should DoDEA have questions about your response.

Any proprietary or sensitive security information provided in response to this questionnaire will be protected and not shared outside of the U.S. Government.

Cloud Questionnaire is due on closing date of solicitation.

Client Systems Software and Configuration

1. Is any software required for this service, e.g., software that must be installed on DoDEA computers, to include browser extensions and plugins? Has this software been made available for this review?

2. Is this a standalone or networked application? Will DoDEA need to stand up servers to support this application?

3. Are there any configurations or changes that DoDEA must implement to either its computers or browsers to utilize this service?

Privacy Information Data Collection and Distribution

1. What personally identifiable and sensitive information is collected by this service?

2. What, if any, personally identifiable and sensitive information is collected by third parties or external business partners (e.g., via cookies, plug-ins, ad networks, web beacons etc.)?

3. Is any DoDEA provided to third parties or external business partners for any purpose? If yes provide a list of all third-party or external business partner recipients

4. Do third parties or external business partner recipients of DoDEA data adhere to the same policies and processes to protect DoDEA data?

5. Describe the process to opt-out of any transfers of DoDEA data to third parties or external business partner recipients.

6. Which, if any, of the following requirements does your cloud service meet:

a. Children's Online Privacy Protection Act (COPPA), per http://www.coppa.org/coppa.htm?

b. Family Educational Rights and Privacy Act (FERPA), per http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html?

c. Children's Internet Protection Act (CIPA), per http://www.fcc.gov/guides/childrens-internet-protection-act?

System Management and Security

1. How is system penetration testing, vulnerability management, and intrusion prevention managed?

2. Are software updates and patches routinely or automatically installed on all servers?

3. Are software and hardware lifecycle management procedures in place to replace end-of-life products?

4. Is the system, including its server(s) and network devices, located in secure facilities under controlled circumstances (e.g., authorized personnel access lists, ID cards, entry logs)?

5. Are server(s) and network devices located in an environmentally-controlled facility?

Data Storage, Retention, and Access

1. Where will information be stored? Will any data be stored outside the United States?

2. How is information stored and transmitted?

a. How does the provider protect data at rest, i.e., data in the data center? What data is encrypted: passwords, privacy information, etc.?

b. Is data secured with unique encryption keys for each customer on systems hosting multiple customers?

c. How does the provider protect data in transit, e.g., Secure Socket Layer (SSL), hashing, etc.?

1. Who has access to information stored or processed by the provider?

2. Are background checks completed on personnel with access to servers, applications and customer data?

3. What is the process for authenticating callers and resetting access controls, as well as establishing and deleting accounts?

4. How is school/system data deleted? Is it deleted on a specific schedule or only at the termination of the contract?

Development and Change Management Process

5. Are there standardized and documented procedures for coding, configuration management, patch installation, and change management for all servers and network devices involved in delivery of contracted services?

6. What is the customer notification process for any changes made corporate policies for data protection?

7. Audits and Standards

a. What is the process for the school/system to audit the security and privacy of records?

b. Are the security operations reviewed or audited by an outside group?

http://www.coppa.org/coppa.htm http://www2.ed.gov/policy/gen/guid/fpco/ferpa/ http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html http://www.fcc.gov/guides/childrens-internet-protection-act http://www.fcc.gov/guides/childrens-internet-protection-act

c. What security standard is followed, such as the International Organization for Standardization (ISO) and Payment Card Industry Data Security Standards (PCI DSS)?

Test and Development Environments

1. Will “live” student/privacy data be used in non-production (e.g., test or development, training) environment?

2. If so, are these environments secure to the same standard as production data?

Data Breach, Incident Investigation and Response

1. What is the process to manage a data breach in vendor systems?

2. Availability

a. Is there a guaranteed service level? If so describe?

b. What is the backup-and-restore process in case of a disaster?

c. What protection is in place against denial-of-service attack?

3. What is the process to perform security incident investigations or e-discovery?

CLAUSES INCORPORATED BY REFERENCE

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.217-5 Evaluation Of Options JUL 1990 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7011 Alternative Line Item Structure SEP 2011 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance

Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.222-7007 Representation Regarding Combating Trafficking in Persons JAN 2015 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a…