Request for Quote.pdf

USDA FOREST SERVICE REQUEST FOR QUOTE

This is a request for quote for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation that will be issued; a quote is being requested and a written solicitation will not be issued.

Reference Number: 12760420Q0156

Subject: Request for Quote is for FlamMap6 Fire Behavior Application Integrated O&M and DM&E Support Services FY20 for the USDA Forest Service. This is firm- fixed-price (FFP) Contract. The NAICS code for this request is 541511, size standard is $30.0 m.

Delivery: FOB Destination – The vendor shall be capable of procuring and delivering the services listed in the FlamMap6 Performance Work Statement (PWS). No partial quotes will be considered. Period of Performance 20 September 2020 through 19 September 2024, base plus 3 option years.

RFQ Due Date: All quotes shall be submitted via email to suzan.stage@usda.gov no later than 15 September 2020 at 1:00 PM MT. Questions will be accepted through 10 September 2020. If you have any questions relative to this RFQ, please direct them to Suzan Stage at suzan.stage@usda.gov.

Please provide the following in response to RFQ:

1. Quote related to Performance Work Statement (PWS).

2. Technical specifications for all items being quoted. As Applicable. Please provide a technical and price quotation which addresses your capability to provide associated services (i.e., proposed labor categories, hourly rates, etc.). The technical and price quotation shall include the following:

a. A detailed technical and price quotation that shows how all hours proposed.

b. A detailed ‘crosswalk’ for all pricing to the tasks and subtasks they support.

3. Answer questions above and provide filled out Response to RFQ to include Check Marking highlighted part of FAR 52.204-24 (page 13) of this document to be provided with response of quote. – See Below.

Offeror Requirements:

1. Registered in System for Award Management (SAM).

2. CCR shall be valid and ORCA (certifications and representations up to date at time of award) to be considered.

3. Provide Cage Code, or Bradstreet and Duns, and Federal Tax ID Number.

Pricing Structure Pricing will be based on the total firm fixed price offered for each period of performance relative to the identified contract line item structure listed below. Price will be analyzed based on level of effort quoted compared to quoted hourly rates of labor categories. The offeror shall include an identification of specific labor categories and applicable labor rates for adequate price analysis.

PRICING SCHEDULE

Base Period: 20 September 2020 through 19 September 2021 (Estimated)

ITEM SUPPLIES OR SERVICES QTY. UNIT UNIT PRICE TOTAL PRICE

0001 Programmer/Analyst Level 5 12 MO $ $

TOTAL COST: BASE PERIOD_________________________

Contract Type: Firm-fixed Price Estimated Start Date: 20 Sep 2020 Estimated Completion Date: 19 Sep 2021

The contractor shall provide all necessary qualified personnel, services, supervision and all other items necessary to accomplish this task as defined in the Performance Work Statement.

Option Period 1: 20 September 2021 – 19 September 2022

ITEM SUPPLIES OR SERVICES QTY. UNIT UNIT PRICE TOTAL PRICE

1001 Programmer/Analyst Level 5 12 MO $ $

TOTAL COST: OPTION PERIOD 1_________________________

Contract Type: Firm-fixed Price Estimated Start Date: 20 Sep 2021 Estimated Completion Date: 19 Sep 2022

The contractor shall provide all necessary qualified personnel, services, supervision and all other items

Option Period 2: 20 September 2022 – 19 September 2023

2001 Programmer/Analyst Level 5 12 MO $ $

TOTAL COST: OPTION PERIOD 2_________________________

Contract Type: Firm-fixed Price Estimated Start Date: 20 Sep 2022 Estimated Completion Date: 19 Sep 2023

The contractor shall provide all necessary qualified personnel, services, supervision and all other items

Option Period 3: 20 September 2023 – 19 September 2024

3001 Programmer/Analyst Level 5 12 MO $ $

TOTAL COST: OPTION PERIOD 3_________________________

Contract Type: Firm-fixed Price Estimated Start Date: 20 Sep 2023 Estimated Completion Date: 19 Sep 2024

The contractor shall provide all necessary qualified personnel, services, supervision and all other items

FAR 52.217-8 Pricing if Exercised (Not to Exceed 6 Months)

5001 Programmer/Analyst Level 5 (Not to MO $ $ exceed 6 Months)

TOTAL COST: EXTENSION_________________________

Contract Type: Firm-fixed Price Estimated Start Date: 20 Sep 2024 Estimated Completion Date: 19 Mar 2025

Evaluation Factors for Award

The Government anticipates awarding one contract to the Offeror whose entire quote is the most advantageous to the Government, technical and price factors considered. The Government will evaluate quote(s) based on the evaluation plan detailed below. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the non-price factors. Quote(s) receiving a deficiency (material failure in the quote, based upon evaluation factors) will not be considered for award.

The Government reserves the right to consult with Offeror(s) after receipt of quote(s). However, the government may make an award based on initial quote(s) received without consulting with Offeror(s).

The following factors shall be used to evaluate offers:

1. Services and products offered meet the technical requirements of the Performance Work Statement

(PWS).

2. All non-price factors/sub-factors combined are significantly more important than cost/price. The government will evaluate your technical and price quotation to ensure that it meets the requirements of the PWS. You are required to provide sufficient detail to demonstrate a thorough understanding of the PWS.

A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Quotation Preparation Price The Government will not pay for any quotation preparation costs. Any cost incurred in anticipation of an award shall be at the Offeror’s own risk.

EVALUATION PLAN

EVALUATION FACTORS AND RELATIVE ORDER OF IMPORTANCE

The best value basis for an award will be determined by the Highest Technically Rated Offerors with Fair and Reasonable Prices.

The Offeror’s Quote will be evaluated through the use of the factors described below:

• Non-Price Evaluation Factors:

Factor 1: Technical Approach Factor 2: Management Approach Factor 3: Adherence to Section 508

• Price Evaluation Factors:

Factor 4: Price

Non-price evaluation Factor 1; Technical Approach, and Factor 2; Management Approach is more important than Factor 3 Adherence to Section 508. The non-price factors 1, 2 and 3 are each significantly more important than Factor 4; Price.

In evaluating the non-price factors, the Government will use the following adjectival ratings:

Rating Definition

Significant Confidence

The response provides the Government with a high expectation that the offeror will have successful performance based on its advantages and low level of risk.

Moderate Confidence

The response provides the Government with an performance based on its advantages and low to moderate level of risk.

Limited Confidence

The response provides the Government with a low performance based on few to no advantages and moderate to high levels of risk.

Unacceptable

The response fails to meet a minimum requirement. The response is incomplete, vague, incomprehensible, or incorrect as to be unacceptable. The risk or risks is/are uncorrectable without a major revision of the quotation.

VOLUME 1: TECHNICAL QUOTE

The Offeror’s Volume 1: Technical Quote shall be organized as described below. NO PRICE

INFORMATION SHALL BE INCLUDED IN THE TECHNICAL QUOTE. NO BRANDING

INFORMATION SHALL BE INCLUDED IN THE TECHNICAL QUOTE (Contractor Name E.g.

Vendor Name).

VOLUME 1: TECHNICAL (10-page limit)

Cover Page (CP) – Not counted in page limit.

Table of Contents (TOC) – Not counted in page limit.

Factor 1: Technical Approach Sub-factor 1: Technical Approach to the tasks

Factor 2: Management Approach Sub-factor 1: Management Approach Sub-factor 2: Resumes for Select/Key Personnel

Factor 3: Adherence to Section 508 Sub-factor 1: Accessibility Conformance Report – Not counted in page limit.

Sub-factor 2: IT Accessibility Approach

VOLUME 2: PRICE QUOTE

The Offeror’s Volume 2: Price Quote shall be submitted as described below.

VOLUME 2: PRICE (No Page Limits)

Cover Page (CP)

Cover Letter

A summary of labor categories, hourly rates, discounted rates (if provided), and hours shall be provided for each of the identified tasks. Additional Labor categories may be included based upon the contractors quoted solution.

Offerors must ensure they include relevant pricing for FAR 52.217-8 Option to Extend Services for a six

(6) month period for each individual task area. Submitted pricing shall be quoted on a per month basis in order to facilitate incremental execution of said option period if exercised.

Contract Business Quote Assumptions

The Government has no expectation that the offeror will be able to successfully perform the required effort.

DETAILED QUOTE INSTRUCTIONS

The Offeror’s complete quote (consisting of the Technical and Price Volumes) will be evaluated in accordance with this Request for Quote.

The following detailed quote instructions are provided to ensure a consistent and detailed description of the Offeror’s approach and the associated price. The Offeror must address all factors and sub-factors as directed in the instructions below. Failure to comply with this requirement may eliminate an Offeror’s Quote from consideration.

VOLUME 1: TECHNICAL

Factor 1: Technical Approach

The Offeror shall:

a) Demonstrate its understanding of the PWS objectives and requirements. Detail its approach for conducting each of the tasks identified in the PWS. Proposed Labor Categories. List assumptions and Level of Effort. *Do not include pricing information.

* NO PRICE INFORMATION SHALL BE INCLUDED IN THE TECHNICAL QUOTE. NO

BRANDING INFORMATION SHALL BE INCLUDED IN THE TECHNICAL QUOTE

(Contractor Name E.g. Vendor Name).

Factor 2: Management Approach

1. Management Approach:

The Offeror shall describe its:

a) Management approach in overseeing timely, professional and quality support services and deliverables, including how the Contractor accomplishes quality control.

2. Resumes for Select/Key Personnel

a) The Offeror shall provide resumes corresponding to any key personnel and any select personnel proposed for the requirements. For purposes of this quote, “select” personnel are those not bid as key personnel, but are personnel the Offeror intends to use frequently to support the requirements. Resumes shall be no longer than two pages and include:

• Employment history, including employer's name, position title, duties and responsibilities.

• Applicable skills, experience, expertise, and qualifications applicable to satisfying the requirements in the PWS.

• Education, credentials and/or relevant certifications aligned with the PWS requirements.

Factor 3: Adherence to Section 508

1. Accessibility Conformance Reports

a) Provide an Accessibility Conformance Report (ACR) for each commercially available

Information and Communication Technology (ICT) item offered through this contract. Create the ACR using the Voluntary Product Accessibility Template Version 2.1 or later, located at https://www.itic.org/policy/accessibility/vpat. Complete each ACR in accordance with the instructions provided in the VPAT template. Each ACR must address the applicable Section 508 requirements referenced in the Work Statement. Each ACR shall state exactly how the ICT meets the applicable standards in the remarks/explanations column, or through additional narrative. All "Not Applicable" (N/A) responses must be explained in the remarks/explanations column or through additional narrative. Address each standard individually and with specificity, and clarify whether conformance is achieved throughout the entire ICT Item (for example - user functionality, administrator functionality, and reporting), or only in limited areas of the ICT https://www.itic.org/policy/accessibility/vpat

VOLUME 1: TECHNICAL

Item. Provide a description of the evaluation methods used to support Section 508 conformance claims. The agency reserves the right, prior to making an award decision, to perform testing on some or all of the Offeror’s proposed ICT items to validate Section 508 conformance claims made in the ACR.

2. IT Accessibility Approach

a) Describe your approach to incorporating universal design principles to ensure ICT products or services are designed to support disabled users.

b) Describe plans for features that do not fully conform to the Section 508 Standards.

c) Describe "typical" user scenarios and tasks, including individuals with disabilities, to ensure fair and accurate accessibility testing of the ICT product or service being offered.

VOLUME 2: PRICE INSTRUCTIONS

Each Offeror must propose hourly rates for all Labor Categories.

Offerors must ensure they include relevant pricing for FAR 52.217-8 Option to Extend Services for a six

(6) month period for each individual task area. Submitted pricing shall be quoted on a per month basis in order to facilitate incremental execution of said option period if exercised.

The Offeror must clearly identify any assumptions pricing or otherwise that were considered in their quote.

EVALUATION FOR AWARD

1. METHOD OF AWARD

52.212-02 Evaluation – Commercial Items (Jan 1999)

The Government anticipates awarding one contract to the Offeror whose entire quote is the most advantageous to the Government, technical and price factors considered. The Government will evaluate quote(s) based on the evaluation plan detailed in this request for quote. To receive consideration for award, a rating of no less than “Acceptable” must be achieved for the non-price factors. Quote(s) receiving a deficiency (material failure in the quote, based upon evaluation factors) will not be considered for award.

The Government reserves the right to consult with Offeror(s) after receipt of quote(s). However, the government may make an award based on initial quote(s) received without consulting with Offeror(s).

NOTE: ALL NON-PRICE FACTORS/SUB-FACTORS COMBINED ARE SIGNIFICANTLY

MORE IMPORTANT THAN COST/PRICE.

FAR Part 15.3 formal source selection plan or scoring of quotes is not required nor intended for this requirement.

2. EVALUATION OF FACTORS

The Government will evaluate the Offeror’s quote based on the following Factors and Subfactors listed.

Only the Factors will be rated.

2.1 TECHNICAL APPROACH FACTOR

1. The completeness, specificity, alignment, and quality of the Offeror’s technical solution to the PWS requirements.

2.2 MANAGEMENT APPROACH FACTOR

1. The clarity of the Offeror’s management approach in overseeing timely, professional and quality support services and deliverables, including how the Contractor accomplishes quality control.

2. The experience and expertise of the key personnel with the proposed solution, including the years of experience, certifications and demonstration of appropriate skill sets and abilities.

2.3 ADHERANCE TO SECTION 508

1. The completeness/accuracy of the Accessibility Conformance Reports for the purposed solution.

2. The thoroughness of the Contractor’s IT accessibility approach.

Prior to acceptance, the government reserves the right to perform testing on required ICT items to validate the offeror’s Section 508 conformance claims. If the government determines that Section 508 conformance claims provided by the offeror represent a higher level of conformance than what is actually provided to the agency, the government shall, at its option, require the offeror to remediate the item to align with the offeror’s original Section 508 conformance claims prior to acceptance.

2.4 PRICE FACTOR

The CO will evaluate the competitiveness, realism and reasonableness of the pricing, including any discounts offered. The Government reserves the right to reject any quote that includes any assumption that adversely impacts the Government’s requirements.

2.5 EVALUATION OF OPTIONS

The Government will evaluate Offerors for award purposes by adding the total price for all options to the total price for the basic requirements. Evaluations of options will not obligate the Government to exercise the options.

CONTRACT ADMINISTRATION DATA

1. RESPONSIBILITIES FOR CONTRACT ADMINISTRATION

1.1. Contracting Officer

a. The CO for this requirement is currently identified as follows:

Suzan Stage USDA Forest Service WO AQM IT Support Branch 4000 Masthead ST NE Albuquerque, NM 87109 Phone: (505) 563-7415 E-mail: suzan.stage@usda.gov

The CO has the overall responsibility for the administration of this contract. The Contracting Officer, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the Contracting Officer may delegate certain other responsibilities to his/her authorized representative.

1.2 Contracting Officer’s Representative (COR)

The Primary COR for this requirement is currently identified as follows:

Monica Moore USDA Forest Service Chief Information Office 4000 Masthead ST NE Albuquerque, NM 87109 Phone: 505-205-4757 E-mail: monica.moore@usda.gov

The COR monitors all technical aspects of the contract and assists in contract administration. The

COR is authorized to perform the following functions:

• Assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance;

• Maintain written and oral communications with the Contractor concerning technical aspects of the contract;

• Issue written interpretations of technical requirements to the Contracting Officer, including applicable Government drawings, designs, specifications;

• Monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; and

• Coordinate availability of government furnished property, and provide site entry of Contractor personnel.

A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract or order.

Written communications shall make reference to the contract number and shall be mailed or emailed to the above address.

1.3 Invoicing

Invoice Processing Platform (IPP) is added to this order. The Invoice submission is changed to require the use of the online Invoice Processing Platform (IPP). The Invoice Processing Platform (IPP) is a Web-based system that more efficiently manages government invoicing from purchase order (PO) through payment notification. IPP is a secure online platform outside federal agencies' core financial systems that centralizes all invoice transaction data and documents in one place. The U.S. Department of the Treasury's Financial Management Service offers IPP, and the Federal Reserve Bank of Boston manages its implementation and operations. The National Finance Center (NFC) began notifying USDA existing contractors that IPP online registration is required for doing business with USDA. Visit https://www.ipp.gov/ to enroll. The Contractor must now submit invoices online via the Invoice Processing Platform (IPP) for existing and new awards.

Invoice Details: The Contractor’s invoice must be completely detailed to include, but not be limited to:

period of service (i.e. January 1-31, 2019), full description of services provided; labor category (if applicable); contract line item billed against; number of hours billed against the specific line item; unit price; extended price; invoice total; Contractor name, address, telephone and contact person; invoice number and date. Incorrect invoices will be rejected and returned to the Contractor.

Invoice against Line Item: The Contractor must identify and invoice against each individual line item in accordance with the applicable order for service.

Invoice Billing Schedule: The Contractor must identify an Invoice Billing Schedule in each proposal.

The Contractor shall not bill in advance of services being performed. The Contractor shall submit no more than one (1) invoice per month for the previous month’s services. The Contractor must note in the price proposal whether the contractor intends to bill monthly or upon completion of all services for the applicable order.

Final Invoice, Release of Claims Required To Closeout Task Orders and the Contract Completion Statement: The Contractor must complete and submit Attachment 3, Release of Claim & Contract Completion Statement (signed by the COR/TPM) to the COR Contracting Officer not later than 15 business days, after submission of the Contractor’s final invoice (which completes services) through the online Invoice Processing Platform (IPP) and after all remaining unliquidated balances have been de-obligated by the Order Contracting Officer via modification, which is needed for the closeout process.

1.4 Non-personal Services

(a) The services to be performed under this contract do not require the contractor or his/her personnel to exercise personal judgment and discretion on behalf of the Government.

(b) The Government will neither supervise Contractor employees nor control the method by which the Contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for individual Contractor employees. It shall be the responsibility of the Contractor to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the Contractor feels that any actions constitute, or are perceived to constitute personal services, it shall be the Contractor’s further responsibility to notify the CO immediately.

(c) These services shall not be used to perform work which are inherently Government functions. All decisions relative to programs supported will be the sole responsibility of the Government.

1.5 Government Down Time for Various Authorities Including the President

(a) Facility Closures Due to Emergencies. From time to time, the Forest Service may decide to close all or part of a facility in response to an unforeseen emergency or similar occurrence. Sample emergencies include, but are not limited to, adverse weather such as snow or flood, an act of God such as a tornado or https://www.ipp.gov/ earthquake, acts of war or terrorism, computer failures or a base disaster such as a natural gas leak or fire.

Contractor personnel are "non-essential personnel" for purposes of any instructions regarding the emergency.

(1) Contractor shall be officially dismissed upon notification of a facility closure in accordance with paragraph b. Contractor shall promptly secure all government furnished property appropriately and evacuate in an expedient but safe manner.

(2) With regard to work under the contract, the government shall retain the following options:

(i) Government may grant a time extension in the contract, delayed by the closure equal to the time of the closure, subject to the availability of funds.

(ii) Government may forego the work. The contractor will not be paid for work not performed.

(iii) Government may reschedule the work on any day satisfactory to both parties.

(iv) The government may, in its discretion, permit the contractor to perform at an off-site location during the period of facility closure if meaningful work can be accomplished.

Contractor shall certify to the government by letter within 5 businesses days of returning to work the nature and scope of the work completed off-site. Contractor shall be permitted to bill the government at the labor rates identified in the contract.

(v) In rare instances, Government may request that the Contractor continue on-site performance during the facility closure period. Such a request shall be subject to agreement by Contractor.

(b) Facility Closure Notification Procedures.

(1) After an official decision to close the facility has been made by the USFS, local television and radio stations will be notified of the closure.

(2) The Contractor is directed to listen or watch one of the local radio or television stations for notification of a facility closure. Contractor should follow instructions intended for non-essential personnel.

(3) The contractor will not receive any other form of notification of a facility closure from the government. The Contractor is responsible for notification of his or her employees.

(4) If the decision to close all or part of the agency is made during the duty day, and the USFS or

Chief’s decision is transmitted through official notification channels, the Contractor shall follow the instructions as given. Contractor personnel shall notify their COR and act in accordance with the Contract Officer Representative’s (COR) instruction.

(c) Agency Closure Due to Non-Emergencies. The USFS or USDA FS may elect to close all or part of the facility for non-emergency reasons such as time-off award, open house, etc. In the event of a non-emergency closure, the COR and the Contractor shall jointly choose a course of action within the following options:

(1) If there is a need for the service during the closure the Contractor may continue on-site work.

Contractor shall bill the Government in accordance with the contract.

(2) If there is a need for work during the closure but access will not be available, the Contractor may work off-site provided meaningful work may be accomplished. Contractor shall certify to the government by letter within 5 business days or returning on-site the nature and scope of the work completed off-site. Contractor shall bill the Government at the labor rates specified in the contract.

(3) If there is no need for the service during a scheduled closure, contractor shall not work on or off-site. Government may grant a time extension by the closure equal to the amount of time of the closure, subject to the availability of funds. The government will not be liable for time not worked.

Terms and Conditions

ICT Accessibility Requirements Statement per the Revised Section 508 of the Rehabilitation Act

Department of Agriculture - Forest Service

Instructions to Offerors

1. Provide an Accessibility Conformance Report (ACR) for each commercially available Information and Communication Technology (ICT) item offered through this contract. Create the ACR using the Voluntary Product Accessibility Template Version 2.1 or later, located at https://www.itic.org/policy/accessibility/vpat. Complete each ACR in accordance with the instructions provided in the VPAT template. Each ACR must address the applicable Section 508 requirements referenced in the Work Statement. Each ACR shall state exactly how the ICT meets the applicable standards in the remarks/explanations column, or through additional narrative. All "Not Applicable" (N/A) responses must be explained in the remarks/explanations column or through additional narrative. Address each standard individually and with specificity, and clarify whether conformance is achieved throughout the entire ICT Item (for example - user functionality, administrator functionality, and reporting), or only in limited areas of the ICT Item. Provide a description of the evaluation methods used to support Section 508 conformance claims. The agency reserves the right, prior to making an award decision, to perform testing on some or all of the Offeror’s proposed ICT items to validate Section 508 conformance claims made in the ACR.

2. Describe your approach to incorporating universal design principles to ensure ICT products or services are designed to support disabled users.

3. Describe plans for features that do not fully conform to the Section 508 Standards.

4. Describe "typical" user scenarios and tasks, including individuals with disabilities, to ensure fair and accurate accessibility testing of the ICT product or service being offered.

Acceptance Criteria

1. Prior to acceptance, the government reserves the right to perform testing on required ICT items to validate the offeror’s Section 508 conformance claims. If the government determines that Section 508 conformance claims provided by the offeror represent a higher level of conformance than what is actually provided to the agency, the government shall, at its option, require the offeror to remediate the item to align with the offeror’s original Section 508 conformance claims prior to acceptance.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)

(a) Definitions. As used in this provision--https://www.itic.org/policy/accessibility/vpat

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number;

and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

CONTRACT PROVISIONS AND CLAUSES

Incorporate by Reference:

52.204-16 Commercial and Government Entity Code Reporting. (Jul 2016)

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab or Other Covered Entities (Jul 2018)

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (AUG 2019)

52.212-1 Instructions to Offerors-Commercial Items. (MAR 2020)

52.212-2 Evaluation-Commercial Items. (OCT 2014)

52.212-3 Offeror Representations and Certifications-Commercial Items. (MAR 2020)

52.212-4 Contract Terms and Conditions—Commercial Items (Oct 2018)

52.229-4 Federal, State, and Local Taxes (State and Local Adjustments) (Feb 2013)

Incorporate by Full Text:

52.216-1 Type of Contract (APR 1984)

The Government contemplates award of a Firm Fixed Price Contract

52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD

(JUNE 1988)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

FAR 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 15 days.

(End of Clause)

FAR 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 15 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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.

(End of Clause)

52.227-14 Rights in Data-General. (MAY 2014)

(a) Definitions. As used in this clause-https://www.acquisition.gov/content/17206-evaluation#i1103099

Computer database or “database means” a collection of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on by a computer. The term does not include computer software.

Computer software-

(1) Means

(i) Computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to perform a specific operation or series of operations; and

(ii) Recorded information comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled.

(2) Does not include computer databases or computer software documentation.

Computer software documentation means owner’s manuals, user’s manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.

Data means recorded information, regardless of form or the media on which it may be recorded.

The term includes technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

Form, fit, and function data means data relating to items, components, or processes that are sufficient to enable physical and functional interchangeability, and data identifying source, size, configuration, mating and attachment characteristics, functional characteristics, and performance requirements. For computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts of the software.

Limited rights means the rights of the Government in limited rights data as set forth in the Limited Rights Notice of paragraph (g)(3) if included in this clause.

Limited rights data means data, other than computer software, that embody trade secrets or are commercial or financial and confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including minor modifications.

Restricted computer software means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software.

Restricted rights, as used in this clause, means the rights of the Government in restricted computer software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software.

Technical data means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).

This term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration. The term includes recorded information of a scientific or technical nature that is included in computer databases (See 41 U.S.C. 116).

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

(b) Allocation of rights.

(1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights in-

(i) Data first produced in the performance of this contract;

(ii) Form, fit, and function data delivered under this contract;

(iii) Data delivered under this contract (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and

(iv) All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph (g) of this clause.

(2) The Contractor shall have the right to-

(i) Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph (c)(1) of this clause;

(ii) Use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph (d) of this clause;

(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of this clause; and

(iv) Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph (g) of this clause.

(c) Copyright-

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

(i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without prior approval of the Contracting Officer, assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic, technical or professional journals, symposia proceedings, or similar works. The prior, express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract.

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(ii) When authorized to assert copyright to the data, the Contractor shall affix the applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of Government sponsorship (including contract number).

(iii) For data other than computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the Government. For computer software, the Contractor grants to the Government, and others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly (but not to distribute copies to the public) by or on behalf of the Government.

(2) Data not first produced in the performance of this contract. The Contractor shall not, without the prior written permission of the Contracting Officer, incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor-

(i) Identifies the data; and

(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set forth in paragraph (c)(1) of this clause or, if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this clause (if included in this contract) or as otherwise provided in a collateral agreement incorporated in or made part of this contract.

(3) Removal of copyright notices. The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph (c), and will include such notices on all reproductions of the data.

(d) Release, publication, and use of data. The Contractor shall have the right to use, release to others, reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the performance of this contract, except-

(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or regulations);

(2) As expressly set forth in this contract; or

(3) If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings, the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer.

(e) Unauthorized marking of data.

(1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph (g)(3) or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the data bears any other restrictive or limiting markings not authorized by this contract, the Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore the markings. However, pursuant to 41 U.S.C. 4703, the following procedures shall apply prior to canceling or ignoring the markings.

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(i) The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings;

(ii) If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period (or a longer time approved in writing by the Contracting Officer for good cause shown), the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions.

(iii) If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized, the Contractor will be so notified in writing. If the Contracting Officer determines, with concurrence of the head of the contracting activity, that the markings are not authorized, the Contracting Officer will furnish the Contractor a written determination, which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor files suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer’s decision. The Government will continue to abide by the markings under this paragraph (e)(1)(iii) until final resolution of the matter either by the Contracting Officer’s determination becoming final (in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions), or by final disposition of the matter by court decision if suit is filed.

(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act ( 5 U.S.C. 552) if necessary to respond to a request thereunder.

(3) Except to the extent the Government’s action occurs as the result of final disposition of the matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract.

(f) Omitted or incorrect markings.

(1) Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights. The Government is not liable for the disclosure, use, or reproduction of such data.

(2) If the unmarked data has not been disclosed without restriction outside the Government, the Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in writing for good cause shown) after delivery of the data, permission to have authorized notices placed on the data at the Contractor’s expense. The Contracting Officer may agree to do so if the Contractor-

(i) Identifies the data to which the omitted notice is to be applied;

(ii) Demonstrates that the omission of the notice was inadvertent;

(iii) Establishes that the proposed notice is authorized; and

(iv) Acknowledges that the Government has no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice.

(3) If data has been marked with an incorrect notice, the Contracting Officer may-

(i) Permit correction of the notice at the Contractor’s expense if the Contractor identifies the data and demonstrates that the correct notice is authorized; or

(ii) Correct any incorrect notices.

(g) Protection of limited rights data and restricted computer software.

(1) The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause. As a condition to this withholding, the Contractor shall-

(i) Identify the data being withheld; and

(ii) Furnish form, fit, and function data instead.

(2) Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software.

(3) [Reserved]

(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor’s obligations to the Government under this contract. If a subcontractor refuses to accept terms affording the Government those rights, the Contractor shall promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer.

(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government.

(End of clause)

52.227-16 Additional Data Requirements. (June 1987)

(a) In addition to the data (as defined in the clause at 52.227-14, Rights in Data—General clause or other equivalent included in this contract) specified elsewhere in this contract to be delivered, the Contracting Officer may, at any time during contract performance or within a period of 3 years after acceptance of all items to be delivered under this contract, order any data first produced or specifically used in the performance of this contract.

(b) The Rights in Data—General clause or other equivalent included in this contract is applicable to all data ordered under this Additional Data Requirements clause. Nothing contained in this clause shall require the Contractor to deliver any data the withholding of which is authorized by the Rights in Data—General or other equivalent clause of this contract, or data which are specifically identified in https://acquisition.gov/far/current/html/52_227.html#wp1139363 this contract as not subject to this clause.

(c) When data are to be delivered under this clause, the Contractor will be compensated for converting the data into the prescribed form, for reproduction, and for delivery.

(d) The Contracting Officer may release the Contractor from the requirements of this clause for specifically identified data items at any time during the 3-year period set forth in paragraph (a) of this clause.

52.227-19 Commercial Computer Software License. (Dec 2007)

(a) Notwithstanding any contrary provisions contained in the Contractor’s standard commercial license or lease agreement, the…