RFP 95476723R10000_Varied Support.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

OTHER USHMM SOLICITATION REQUIREMENTS

SECTION B (CONT'D) – SUPPLIES AND SERVICES AND PRICES/COSTS

B.1 SUPPLIES AND SERVICES. Offeror shall perform all services and deliver all work product to USHMM described in Section C, below, and otherwise in the awarded Proposal (Varied Support Services), including without limitation:

B.1.1 Provide a comprehensive set of operational support services for the areas identified in the scope of the Contract Tasks (Reference Section C.2.) and all other requirements as stated in this RFP; and

B.1.2 Support a transition of the services from the incumbent.

B.2 PRICING STRUCTURE. Offerors shall submit a fully-itemized firm, fixed-price proposal as defined in RFP Section L.7.2 below.

B.3 LABOR CATEGORIES AND RATES. Offerors shall submit fully-burdened hourly rates for all relevant labor categories against which the cost of anticipated optional services may be estimated.

B.4 PRICING WARRANTY. Offeror warrants that the prices for the supplies and services under this Contract are not greater than the prices charged to the Offeror’s most favorable customer under similar circumstances.

SECTION C – DESCRIPTION, SPECIFICATIONS, STATEMENT OF WORK

C.1 BACKGROUND

C.1.1 A living memorial to the Holocaust, the United States Holocaust Memorial Museum (hereafter referred to as “USHMM” or “Museum”) inspires citizens and leaders worldwide to confront hatred, prevent genocide, and promote human dignity. As an independent establishment of the U.S. Government with gift acceptance authority, federal support guarantees the Museum’s permanence, and its far-reaching educational programs and global impact are made possible by donors, members, educators, universities, leaders in governments and the public, just to name a few. Within USHMM, the Office of Finance including the Shared Services team, works to support day to day Museum and fundraising operations. These departments need additional support on a variety of tasks.

C.1.2 The purpose of this request for proposal (RFP) is to invite prospective Service Provider(s) (Offerors) to provide a fully responsive proposal to the requirements specified herein for Varied Support Services either in their entirety or severable as Travel Help Desk; Finance Support Center, Purchase Card Administration, Reporting, and Audit; and Shared Services Analytics, Operations and Maintenance services, each as more fully described below.

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C.1.3 The Museum currently employs a company to provide Varied Support Services.

C.2 CONTRACT TASKS. Offeror shall provide all services and work product related to performance of the tasks described below and as otherwise described in paragraphs B.1 (“Supplies and Services”) and Exhibit I (Performance Work Statement) herein.

[SECTION D OMITTED]

SECTION E - INSPECTION AND ACCEPTANCE

E.1 FAR 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(Reference 46.304)

E.2. It shall be the responsibility of the Offeror to ensure that all supplies and services provided hereunder conform to the specifications identified herein and as further elaborated in their proposal to USHMM.

E.3 Inspection by USHMM shall not relieve the Offeror of responsibility for any or all quality control aspects during the life of the contract. This shall include quality control for all items covered by this contract that may be subcontracted.

E.4 Neither USHMM’s reviews, approval, or acceptance of services and/or supplies, nor payment for any of the services or supplies required under this contract shall be construed to operate as a waiver of action arising out of the performance of this contract. Furthermore, the Offeror shall be and remain liable to USHMM in accordance with applicable law for all damages to USHMM caused by the Offeror’s negligent performance of any of the services or supplies furnished under this contract.

E.5 Acceptance by USHMM does not relieve the Offeror of responsibility for correction of errors or omissions that may arise after such acceptance of the errors and omissions are clearly at fault in Offeror’s performance.

SECTION F - DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE.

F.1.1 The notice to proceed (NTP) date will be set by the Contracting Officer, but is anticipated to begin in October 2022.

F.1.2 The initial period of performance shall be for twenty (20) months. The Museum may extend the term of the awarded contract by written notice to the Offeror no later than fifteen (15) days before the awarded contract is due to expire. The duration of the awarded contract including all extensions shall not exceed five (5) years from its effective date.

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F.2 Deliverables Schedule.

F.2.1 Offeror shall deliver to USHMM the Varied Support Services specified herein from the date of contract start of services through the conclusion of the contract. Specific deliverables including service dashboards and reports shall be determined during the transition phase and as necessary throughout the duration of the contract.

F.2.2 Offeror shall deliver a project plan with associated material to assist an orderly transition from the incumbent to Offeror. This shall be developed jointly and delivered prior to contract award.

F.2.2 Should Offeror fail to timely deliver any single deliverable, USHMM’s acceptance thereof shall not constitute a waiver of USHMM’s rights regarding the delivery date(s) of subsequent deliverable(s) under this Section.

F.2.3 Definition. “Normal workweek,” as used in this subpart, means, generally, a workweek of 40 hours.

F.2.4 Policy. Contractors shall perform all contracts, so far as practicable, without using overtime, particularly as a regular employment practice, except when lower overall costs to the Government will result or when it is necessary to meet urgent program needs. Any approved overtime, extra-pay shifts, and multishifts should be scheduled to achieve these objectives.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 USHMM REPRESENTATIVES. USHMM’s designated representatives and points of contact for purposes of this Agreement shall be the Contracting Officer (CO) and the Contracting Officer’s Representative (COR), as follows:

G.1.1 CO Responsibilities. The CO has the authority to enter into, administer, and terminate the Agreement. Communications pertaining to contractual administrative matters shall be addressed to the CO. No changes in or deviation from any of the Agreement’s provisions, terms, conditions, including without limitation the scope of work, cost, or term provided herein shall be effected without a written modification to the Agreement executed by the CO authorizing such changes.

G.1.2 COR Responsibilities.

● The Contracting Officer will designate, in writing, an authorized representative(s) to discharge such duties and responsibilities as may be delegated to him. The representative(s) will not have authority to change or alter any of the terms and conditions of the contract. The Contracting Officer is the sole authority to make changes in the contract. The Offeror will be furnished a copy of the COR delegation.

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● The COR will provide technical direction on contract performance. Technical direction includes: (1) direction to the Offeror which assists in accomplishing the statement of work; and (2) comments on and approval of reports or other deliverables.

● Technical direction must be within the contract's statement of work. The COR does not have the authority to issue technical direction which: (1) institutes additional work outside the scope of the contract; (2) constitutes a change; (3) causes an increase or decrease in the estimated cost of the contract; (4) alters the period of performance; (5) changes any of the other express terms or conditions of the contract.

● The COR will issue technical direction in writing or confirm such direction in writing within five (5) calendar days after verbal issuance.

G.1.3 Offeror is advised that any reliance on direction from other than the CO or a COR acting within the strict limits of the responsibilities as set forth above is undertaken at Offeror’s own risk and expense, as such actions do not bind USHMM contractually. All questions concerning the authority of a USHMM employee to direct the Offeror contractually should be referred to the CO.

G.2 CONTRACTOR REPRESENTATIVES. All Offeror personnel are provided below, specifically identified as “Key Personnel” or else as generally defined to meet the minimum qualifications provided below. (Offerors shall provide this information in their technical proposal, and such information shall be treated as though reproduced below.)

G.2.1 General. The following person shall be contracted in the event of award for prompt Agreement notification and administration concerning specifications, schedules, and other necessary Agreement matters:

(Name)____________________________________ (Title)____________________________________ (Street Address)____________________________ (City, State, Zip)____________________________ (Telephone & Facsimile No.)__________________ (E-mail address)____________________________

G.2.2 Key Personnel & Subcontractors.

● Offeror shall include the subcontractor(s) and key personnel to be assigned under this Agreement those persons listed below: (Offerors shall provide this information in their technical proposal, and such list shall be treated as though reproduced below.)

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NAME LABOR CATEGORIES

● Offeror shall not remove the Key Personnel assigned to this project without the consent of USHMM. Offeror also will not remove such Key Personnel until he/she is replaced with a person/firm of equal or higher qualifications.

● Offeror shall not enter into any subcontracts other than those identified above for any of the work under this Agreement without obtaining the prior written approval of the CO.

G.2.3 Qualifications of Offeror Personnel and Minimum Experience.

● Offeror shall ensure that staff and/or subcontractors dedicated to this project other than those Key Personnel defined above have the skills and experience level as described in Offeror’s Proposal. The service categories provided by the Offeror in performance of this Agreement shall embrace all critical services described in this contract. All Offeror personnel assigned to this Agreement are subject to USHMM review in accordance with the provided level of qualifications.

● USHMM shall reserve the right to recommend dismissal of a Offeror’s employee or subcontractor whose performance is detrimental to the satisfactory completion of contractual obligations. In addition, Offeror personnel found unacceptable by USHMM at any time shall be removed from performing under this Agreement.

The CO shall deliver such notification in writing to the Offeror.

G.3 SUBSTITUTION OF REPRESENTATIVES. The parties shall advise one another in writing of any substitution for said representatives.

G.4 NOTICES. Any legal notices required hereunder shall be in writing and deemed delivered upon actual receipt of such notice when hand-delivered or sent by certified mail, postage prepaid, return receipt requested, or overnight express courier to the address first set forth above marked to the attention of the signatory of this Agreement for the party, or to such other address or person as a party may designate in writing from time to time.

G.5 INVOICES

G.5.1 Offeror shall submit a single invoice(s) to the COR upon satisfactory completion of the work or otherwise in a manner consistent with Offeror's Proposal for completed deliverables and services received and accepted by the COR. Invoices shall be submitted to the United States Holocaust Memorial Museum via email to accountspayable@ushmm.org with cc to USHMM's COR. To constitute a proper invoice, the invoices must include the following information and/or attached documentation:

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● Name of Business Concern and invoice date

● Contract Number or other authorization for performance of service

● Description, price, and quantity of services delivered or rendered

● Name, title, phone number, and complete mailing address of the responsible official to whom payment is to be sent.

G.5.2 Nonpayment for Additional Work. Any additional services or services representing a change to work specified herein or as defined in the applicable task order performed by Offeror, either at Offeror’s own volition or at the request of an individual other than a duly appointed CO except as may be explicitly authorized in this Agreement are not authorized and will not be paid. Only a duly appointed CO is authorized to change the specifications, terms, and conditions in this Agreement. Any such change shall be issued by the CO through a written amendment(s) or modification(s) to this Contract.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT TERMS & CONDITIONS. The terms and conditions provided herein and otherwise implicit to federal contracting shall apply to this Contract and shall take precedence over any inconsistent terms and conditions to be found in agreement(s) and license(s) which may be attached to or submitted in conjunction with Offeror’s Proposal.

Offeror’s may submit proposals utilizing the contract terms of their GSA schedule or similar contract.

H.2 USE OF MUSEUM NAME

H.2.1 Offeror shall not use the name of USHMM in any news release, public announcement, advertisement, or any other form of publicity, or disclose any of the terms of this Agreement to any third party without the prior written consent of USHMM.

H.2.2 Offeror shall not use USHMM’s name, trademarks, or any other language, pictures, or symbols that could, in USHMM’s judgment, imply USHMM’s identity or endorsement by USHMM or any of its employees in any (1) written, electronic, or oral advertising or presentation or (2) brochure, newsletter, book, electronic database, or other written material of whatever nature, without USHMM’s prior written consent.

H.2.3 Inclusion of Section. Offeror shall include the terms of this Section (“Use of Museum Name”) in any contracts with other parties providing services related to the performance of this Agreement, such as but not limited to subcontractors.

H.3 TRAVEL AND EXPENSE. All travel shall be subject to Museum's prior review and approval. Travel expenses are to be reimbursed according to GSA travel guidelines and are to include lodging and travel expenses only. All expenses for food and incidentals are solely the responsibility of the Offeror and shall not be reimbursed by

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Museum.

H.4 SAM DATABASE COMPLIANCE

H.4.1 Offeror is required to be registered in SAM (www.sam.gov) when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors not registered in SAM when submitting an offer will be considered non-responsive and will not be consider further.Offeror is responsible, during performance and through final payment, for the accuracy and completeness of the data within SAM (System for Award Management:

www.sam.gov) database, and for any liability resulting from USHMM’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, Offeror is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate, and complete. Updating information in SAM does not alter the terms and conditions of this Agreement and is not a substitute for a properly executed contractual document.

H.4.2 Offeror shall not change the name or address for electronic funds transfer (EFT) payments or manual payments as appropriate in the SAM record to reflect an assignee for the purpose of assignment of claims. Assignees shall be separately registered in the SAM database. Information provided to the Offeror’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Offeror shall be considered to be incorrect information.

H.5 SUITABILITY DETERMINATION

H.5.1 In order to protect the Museum’s proprietary information, contractors who are assigned to work on a Museum contract, whether onsite or offsite, and whom require a Museum badge, network access or access to sensitive Museum information, are required to go through a Suitability Determination and FBI Fingerprint Criminal Background Check through OPM upon entry of service, and then annually thereafter. Fingerprints are taken in the Museum’s Badging Office. For individuals who are outside of the Washington, D.C. area, directions will be provided for them to complete the process at a designated Federal facility in their area. Vendors are required to provide a Summary Report for each individual working on the contract. This form will be provided by the Museum Contracting Officer’s Representative (COR) and the information to be verified can include any or all of the following:

● U.S. citizenship or work authorization,

● satisfactory credit history (based upon the sensitivity of the work to be completed),

● employment history (past 3, 5 or 7 years depending upon the sensitivity of the work to be completed), USHMM RFP 95476723R1000 8 of 46 [Varied Support Services]

● education history (to include degrees and dates received),

● satisfactory reference checks,

● and possibly drug testing with negative results (based upon the sensitivity of the work to be completed.)

H.5.2 All criminal background reports are reviewed by a designated member of the Division of Protection Services (DPS), and if negative or derogatory information is obtained during this process, an adjudication process will take place, which may involve an interview of the individual to make a final determination of their suitability to work on a Museum contract. This process takes approximately two weeks, and no individual will receive a Museum Badge, Network Access or access to sensitive Museum proprietary information without a final determination of their suitability for work at the Museum. If an individual disagrees with a suitability determination after the adjudication process has taken place, they may appeal that decision to the Museum’s Director, Division of Protection Services.

SECTION I - CONTRACT CLAUSES

CLAUSES INCORPORATED BY REFERENCE (FAR 52.252-2, FEB 1998, cited verbatim)

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 <https://www.acquisition.gov/browse/index/far>.

FAR 52.202-1 DEFINITIONS (JUN 2020) (Reference 2.201)

FAR 52.203-3 GRATUITIES (APR 1984) (Reference 3.202)

FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR

1984) (Reference 3.404)

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO

THE GOVERNMENT (JUN 2020) (Reference 3.503-2)

FAR 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020) (Reference 3.502-3)

FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF

FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY

(MAY 2014) (Reference 3.104-9)

FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR

IMPROPER ACTIVITY (MAY 2014) (Reference 3.104-9)

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FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

(Reference 3.808)

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN

2020)

FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS

(JAN 2017)

FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE,

SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY

KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

FAR 52.204-24 REPRESENTATION REGARDING CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY

MATTERS (AUG 2020)

FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST

WHEN SUBCONTRACTING WITH CONTRACTORS

DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (JUN 2020) (Reference 9.409)

FAR 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT

FORMAT (OCT 1997) (Reference 15.209)

FAR 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) (Reference 17.208)

FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT

(MAR 2000) (Reference 17.208)

FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR

DISPUTES (FEB 1997) (Reference 22.103-5)

FAR 52.222-3 CONVICT LABOR (JUN 2003) (Reference 22.202)

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FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR

2015) (Reference 22.810)

FAR 52.222-26 I EQUAL OPPORTUNITY (APR 2002) -- ALTERNATE I

(FEB 1999) (Reference 22.810)

FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

(Reference 22.1310)

FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH

DISABILITIES (JUN 2020) (Reference 22.1408)

FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020)

(Reference 22.1310)

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)

(Reference 22.1705)

FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT

2015)

FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) (Reference 23.505)

FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN

TEXT MESSAGING WHILE DRIVING (JUN 2020)

FAR 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984) (Reference 24.104)

FAR 52.224-2 PRIVACY ACT (APR 1984) (Reference 24.104)

FAR 52.227-1 AUTHORIZATION AND CONSENT (JUN 2020)

(Reference 27.201-2)

FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT

AND COPYRIGHT INFRINGEMENT (JUN 2020)

(Reference 27.202-2)

FAR 52.227-3 PATENT INDEMNITY (APR 1984) (Reference 27.203-1)

FAR 52.227-14 RIGHTS IN DATA--GENERAL (JUN 1987) (Reference 27.409)

FAR 52.227-17 RIGHTS IN DATA--SPECIAL WORKS (JUN 1987)

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FAR 52.227-18 RIGHTS IN DATA--EXISTING WORKS (JUN 1987)

(Reference 27.409)

FAR 52.228-5 INSURANCE--WORK ON A GOVERNMENT

INSTALLATION (JAN 1997) (Reference 28.310)

FAR 52.228-7 INSURANCE--LIABILITY TO THIRD PERSONS (MAR

1996)

Contractor shall maintain an industry-standard level of insurance coverage that names USHMM as an Additional Insured at levels no less than:

➢ CGL: $3M/occurrence

➢ E&O/Cyber: $1M/occurrence

➢ Auto: $500K/occurrence

FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)

(Reference 29.401-3)

FAR 52.232-1 PAYMENTS (APR 1984) (Reference 32.111)

FAR 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

(Reference 32.111)

FAR 52.232-17 INTEREST (MAY 2014) (Reference 32.617)

FAR 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL

YEAR (APR 1984)

FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) (Reference 32.806)

FAR 52.232-25 PROMPT PAYMENT (JAN 2017) (Reference 32.908)

FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER --

SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(Reference 32.1110)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED

OBLIGATIONS (JUN 2013)

FAR 52.233-1 DISPUTES (MAY 2014) (Reference 33.215)

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT

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CLAIM (OCT 2004)

FAR 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

(DEVIATION)

(a) The Contractor shall establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of data furnished under this Contract, and to protect against any anticipated threats or hazards to the security, integrity, and confidentiality of the data. These safeguards must meet NIST SP80053r4, ISO 27001/2, or equivalent.

(b) The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.

(c) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases.

(d) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

(e) All personnel that have been granted access to the Museum network are required to take, and pass Museum provided Information Security awareness training within one week of being granted access. This is required at the time of initial access and on an annual basis. Failure to take and pass this training will result in revocation of access to the Museum network.

(f) Contractor shall ensure that Museum data stored on Contractor’s systems will:

● Not be commingled with other clients’ data. Contractor, and any of its subcontractors shall ensure Museum data will be isolated and reside separately (whether logically or physically) from any / all other contractors/subcontractor client data unless approved by the Museum in writing

● Be limited to only those individuals identified to have access to Museum data for business operational purposes. Contractor and its subcontractors shall have an access control policy in place that clearly states the rules and rights for each user or group of users including applications and information sharing and should include a process for granting and revoking access to all information systems and services. A record of all privileges allocated should be maintained.

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● Not share Contractor’s’ system access credentials with anyone not approved by the Contractor. Contractor and its subcontractors shall use secure user identification and authentication protocols, including, but not limited to unique user identification, use of appropriate access controls, and strict measures to protect identification and authentication processes.

● Notify the Contractor within 24 hours of discovery of any potential Museum data loss or compromise. Contractor and its subcontractors shall promptly and thoroughly investigate all allegations, suspicions, and potential and actual discoveries of unauthorized or improper access to, use or disclosure of the Museum’s information assets, especially those involving PII. Contractor shall immediately, no later than 24 hours from initial discovery, notify the Museum upon discovery of any such unauthorized access to, use or disclosure of the Museum information assets (a “security breach”) and provide such notification before any notification to any government official (including any data protection agency or law enforcement agency). Contractor shall bear all direct costs associated with resolving a security breach involving the Museum information assets maintained by the contractor, including (i) conducting an investigation including reasonable fees associated with computer forensics work, (ii) reasonable cost of providing notice of the security breach to individuals affected by the security breach, and (iii) reasonable cost of providing notice to government agencies, credit bureaus, and/or other required entities (including media notifications), (iv) providing individuals affected by the security breach with credit protection services designed to prevent fraud associated with identity theft crimes for a specific period not less than twelve

(12) months, but at least as long as applicable law specifies, (v) reasonable call center support for such affected individuals for a specific period not less than ninety (90) calendar days, but at least as long as applicable law specifies, (vi) nonappealable fines or penalties assessed by governments or regulators, and

(vii) reasonable costs or fees associated with any obligations imposed by applicable law in addition to the costs and fees defined herein shall not be transferred to another vendor for printing, packaging, or shipping without approval of the Contractor / Museum; and enable the Museum to extend its right to audit and inspect requirement for assessing vendor systems that receive, store, or transmit Museum data. Contractor and its subcontractors shall allow Museum staff or representatives to audit and inspect its systems, processes and methods that receive, store, or transmit Museum data be purged in accordance with (h) below, comply with data breach requirements in (i) below.

(g) The Museum expects the Contractor to be capable of performing the contracted Services without the use of a subcontractor. All subcontracted activities involving Museum information or that of USHMM clients must be approved and secured by the Contractor with written authorization by the Museum. In any instance where

USHMM RFP 95476723R1000 14 of 46 [Varied Support Services] use of a subcontractor is approved, the Contractor will be responsible for exercising reasonable care and due diligence in the selection and oversight of the subcontractor performing services on behalf of the Museum. The Contractor shall at a minimum ensure subcontractor compliance with all requirements as outlined in this Contract. Contractor shall further modify its subcontract agreements to ensure that all subcontractors shall comply with the above requirements.

(h) Unless otherwise approved by the Museum, the Contractor, and any of its subcontractors shall ensure the deletion of any data received not later than thirty

(30) days of its receipt. In addition, within thirty (30) calendar days of the termination of this Contract, the Contractor, shall delete any existing Museum electronic and hardcopy data. All data shall be deleted in compliance with NIST SP 800-88 media erasure guidelines. The Contractor shall provide a written description to the Museum of the method to be used to ensure deletion.

(i) Contractor further agrees that it will monitor and test its Data Safeguards from time to time, and further agrees to adjust its Data Safeguards from time to time in light of relevant circumstances or the results of any relevant testing or monitoring.

If Contractor suspects or becomes aware of any unauthorized access to any Museum Data or Personal Data by any unauthorized person or third party, or becomes aware of any other security breach relating to Personal Data held or stored by Contractor under this Contract or in connection with the performance of the Professional Services or other services performed under this Contract or any Statement(s) of Work (“Data Breach”), Contractor shall immediately notify Museum in writing and shall fully cooperate with Museum at Contractor’s expense to prevent or stop such Data Breach. In the event of such Data Breach, the Contractor shall fully and immediately comply with applicable laws, and shall take the appropriate steps to remedy such Data Breach. Contractor will defend, indemnify and hold Museum and its respective officers, directors, employees and agents, harmless from and against any and all claims, suits, causes of action, liability, loss, costs and damages, including reasonable attorney fees, arising out of or relating to any third party claim arising from breach by Contractor of its obligations contained in this Section, except to the extent resulting from the acts or omissions of Museum. All Personal Data to which Contractor has access under this Contract, as between Contractor and Museum, will remain the property of the Museum. Museum hereby consents to the use, processing and/or disclosure of Personal Data only for the purposes described herein and to the extent such use or processing is necessary for Contractor to carry out its duties and responsibilities under this Contract, any applicable Statement(s) of Work, or as required by law.

Contractor will not transfer Personal Data to third parties other than through its underlying network provider to perform its obligations under this Contract. All Personal Data delivered to Contractor shall be stored in the United States or other jurisdictions approved by Museum in writing and shall not be transferred to any other countries or jurisdictions without the prior written consent of Museum.

USHMM RFP 95476723R1000 15 of 46 [Varied Support Services]

FAR 52.242-13 BANKRUPTCY (JUL 1995) (Reference 42.903)

FAR 52.243-1 I CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE I

(APR 1984) (Reference 43.205)

FAR 52.245-1 GOVERNMENT PROPERTY (SEP 2021) as modified by

ALTERNATE I (APR 2012)

FAR 52.245-9 USE AND CHARGES (APR 2012)

FAR 52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX

NATURE (JUN 2003) (Reference 46.710)

FAR 52.246-20 WARRANTY OF SERVICES (MAY 2001) (Reference 46.710(d))

FAR 52.246-25 LIMITATION OF LIABILITY-- SERVICES (FEB 1997)

(Reference 46.805)

FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE

GOVERNMENT (FIXED-PRICE) (MAY 2004) (Reference 49.502)

FAR 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)

(APR 1984) (Reference 49.504)

FAR 52.252-4 ALTERATIONS IN CONTRACT (APR 1984)

Portions of these clauses are altered as follows:

➢ Section H: Use of Museum Name

➢ FAR 52.239-1 identifies specific standard benchmarks (NIST

SP800- 53r4 and ISO 27001/2)

FAR 52.252-5 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(Reference 53.111)

SECTION J - LIST OF ATTACHMENTS

In order to properly select its Service Provider(s), USHMM has prepared a comprehensive set of Exhibits that represent the totality of the needs across all of these functional areas. These Exhibits include the following:

USHMM RFP 95476723R1000 16 of 46 [Varied Support Services]

● Exhibit I: Performance Work Statement

● Exhibit II: Security Requirements

● Exhibit III: Qualifications and Skill Base

● Exhibit IV: Performance Standards and Quality Assurance Surveillance Plan Matrix

● Exhibit V: Shared Services Operations Task SLAs (current state)

● Exhibit VI: Sample Purchase Card Audit Checklist

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS

OF OFFERORS

ANNUAL REPRESENTATIONS AND CERTIFICATIONS . Offerors certify that they have completed the annual representations and certifications electronically via the System for Award Management (SAM) website at www.sam.gov. After reviewing the SAM database information, Offerors verify by submission of their proposal and incorporation in their proposal by reference as of the date of the proposal that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this RFP.

SECTION L - REQUEST FOR PROPOSAL INSTRUCTIONS, CONDITIONS, AND

NOTICE TO OFFERORS

L.1 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998, cited verbatim). This solicitation incorporates one or more solicitation provisions 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. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): <https://www.acquisition.gov/far/index.html>.

L.2 FAR 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE

ACQUISITION (JAN 2004) (Reference 15.209); applying Alternate I Oct 1997).

L.2.1 Supplemental and not inconsistent with the instructions provided in the clause integrated by reference hereto, Offerors are generally advised that USHMM is hereby soliciting -- in the manner described in RFP Section L.4(b), below a comprehensive set of operational support services anticipating retention of exercisable, unpriced option(s) including optional support years for the remainder of the work.

L.2.2 USHMM reserves the right to make one award for the full set of requirements or multiple awards that separate performance of the entire service package into its respective components as Offerors may respectively itemize. Offerors are not required to bid the entire requirement to be considered eligible for award, provided that they address any

USHMM RFP 95476723R1000 17 of 46 [Varied Support Services] https://www.acquisition.gov/far/current/html/52_215.html https://www.acquisition.gov/far/current/html/52_215.html constituent requirement in full; Travel Help Desk, Finance Support Center, and Purchase Card Administration may thus be bid separately or together.

L.3 FAR 52.216-1 TYPE OF CONTRACT (APR 1984) (Reference 16.105). USHMM contemplates award of a Firm Fixed Price contract resulting from this solicitation.

L.4 FAR 52.216-25 CONTRACT DEFINITIZATION (OCT 1997, redacted albeit without revision)

(b) The anticipated schedule for definitizing this contract is:

July 22, 2022 RFP Released August 10, 2022, 12:00 NOON ET Q&A Period Closed September 1, 2022, 12:00 NOON ET RFP Proposals Due By October 31, 2022 Contract Awarded

L.5 The Offeror's proposal in response to this RFP shall be prepared in accordance with the instructions in this Section L. Offerors whose proposals deviate from these instructions may be disqualified at the discretion of USHMM.

L.6 Proposal Submission Required in Electronic Format

L.6.1 The only acceptable evidence for establishing the time of receipt at USHMM shall be USHMM time/date stamp.

L.6.2 Offerors shall submit their full proposal (Technical and Business as separate, distinct, and individuated files) in soft (electronic) copy, signed by Offeror's authorized signatory, and addressed to: <bfalk@ushmm.org>

Subject: RFP 95476722R0600 – Varied Support Services

L.6.3 USHMM expressly disclaims and neither guarantees nor warrants for e-mail security, the legibility of electronic format(s), and/or the corresponding accuracy of any printed submission to its electronic version.

L.6.4 Offeror certifies that all of its electronic submissions have been verified as free of viruses using virus-check software that is standard in the industry and current to the present calendar month and year.

L.7 PROPOSAL CONTENT

L.7.1 Technical Proposal. USHMM’s objective is to maximize the economic benefits of the best pricing a company can provide, while realizing the best service, best accuracy, best turn-around time, best accountability, best documentable metrics, security, and reputability in the industry. The Technical Proposal should demonstrate that the Offeror clearly

USHMM RFP 95476723R1000 18 of 46 [Varied Support Services] understands the requirements and proposes a comprehensive suite of Varied Support Services that are identified in Exhibit I. However, and irrespective of the tasks indicated in Exhibit I, USHMM remains very open to updated functionality to achieve the same outcomes and will consider any alternative recommendations capable of fulfilling the Museum's objectives with greater operational efficiency, effectiveness, and other superior performance. Other than where expressly indicated, USHMM has not placed a word or page limit on responses to this section L.7.1 et seq., but notes that a bulleted, enumerated, or itemized list consistent with the format provided in the RFP is the preferred means of communication. The Technical Proposal shall include:

L.7.1.1 Varied Support Services

L.7.1.1.1 Technical Brief. This shall be a narrative which elaborates on:

(1) Overall Approach A brief narrative describing the Offeror's approach to provide the services as defined in the Performance Work Statement, including transition services and implementation schedule, demonstrating Offeror's ability to stand up services on or before January 1, 2023.

(2) Service Delivery Model and Methodology A description of the Offeror's framework and methods to ensure consistent, high quality monitoring, management and customer service.

(3) Qualifications and Skill Base Offerors shall complete and submit Exhibit III, "Qualifications and Skill Base" as an indication of the Offeror’s current depth of qualifications and skills.

(4) Performance Standards and Quality Assurance Surveillance Plan.

Offerors shall complete and submit Exhibit IV ‘Performance Standards and Quality Assurance Surveillance Plan (QASP) Matrix’. Offerors shall propose an Acceptable Quality Level (AQL) and Method of Surveillance for each Performance Indicator wherever USHMM has not indicated threshold requirements.

Offerors may propose additional changes to the Performance Standards and Quality Assurance Surveillance Plan.

The Museum reserves the right to negotiate changes to initially proposed performance standards and methods of surveillance prior to award. Such changes may also include potential incentives and disincentives to encourage performance at and in excess of the minimum AQL.

USHMM RFP 95476723R1000 19 of 46 [Varied Support Services]

L.7.1.2 Offeror Suitability. A successful offeror must have existing clients of similar size and complexity to USHMM to be able to submit an offer. Proposals failing to meet this requirement will not be considered.

L.7.1.2.1 Past Performance. Past performance information shall include:

(1) Most Relevant Performance History: Please provide at least two references from clients similarly situated to USHMM, meaning one with similar service requirements. Offerors shall demonstrate this characteristic as well as professionalism by providing verifiable evidence of past experience in all qualification requirements (as provided in FAR 52.246-17, above) including demonstrated performance in achieving performance standards similar to those proposed by the offeror. Information provided shall include:

(a) Contract Number

(b) Contract Type (i.e., firm fixed price, time and materials, etc.)

(c) Awarded price/cost and final or projected final price/cost

(d) Period of Performance (dates of start and completion of work).

(e) A current point of contact in the contracting agency – name, address, e-mail, and telephone number). If the work was performed as a subcontractor, also provide the name of the prime Offeror and Point of Contact (POC) within the prime Offeror organization (name, address, e-mail, and telephone number). If the work was a joint delivery of services, also provide the name and contact person(s) for each of the other system(s) installed/implemented.

(f) Description of work performed and location.

Offerors should provide information to include:

● the specific services provided and associated service levels;

● the number of users supported

● any problems encountered on the contracts and subcontracts identified, and corrective actions taken to resolve those problems. For contracts which did not/do not meet original cost, schedule, or performance requirements provide a brief explanation of the reason(s) for the shortcomings and any corrective actions taken to avoid recurrence.

USHMM RFP 95476723R1000 20 of 46 [Varied Support Services]

(2) Chronological Performance History: List information performed on prime contracts first, followed by those performed on subcontracts in chronological order for either Offeror's last five (5) clients or all work undertaken in the last four (4) years (not to exceed 10 total listed), whichever is greater. Offerors shall provide start and end dates (or an indication if project is ongoing as of the date of proposal submission) and a short description (i.e., no more than 75 words in length) for each contract listed. USHMM reserves the right to request contract and contact information from Offerors on such contracts during its evaluation process as such is deemed relevant to USHMM's due diligence.

(3) Chronological Termination History: Offeror's full list of contract terminations over the past seven (7) years, if any (understanding that this list may overlap with the chronological history provided in response to the previous paragraph), and reasons therefore (along with a name and telephone number of a contact person for the terminated contract). If no terminations occurred, Offerors shall provide a statement to that effect.

L.7.1.2.2 Staffing Plan/Capability. In this section of their respective proposals, Offerors shall:

(1) Provide a summary of Offeror’s general qualifications to meet required qualifications and fulfill the statement of work. Include any other relevant experience that demonstrates the ability to perform the work as described.

(2) Describe the subcontract management system to be used under this contract if significant subcontracting is contemplated. Particular emphasis should be placed on procedures for source selection and how performance status is determined, assessed, and projected through subcontract completion. Letters of commitment from major subcontractors must be provided. Define who reports to whom, when and in what form. If a joint venture, indicate if these firms have been associated in the past, or if it is contemplated for this project only.

(3) Large Business Firms selected for award shall be required to submit an acceptable Small Business Subcontract Plan, upon request from the Contracting Officer.

(4) Provide a list of personnel designated as “Key” in the performance of this contract. Key personnel may include subcontractors, subject matter experts, and consultants. Provide a description of the proposed organization and responsibilities of the key personnel, including name, title, organization, full or part-time, and whether they are a salaried employee of the

USHMM RFP 95476723R1000 21 of 46 [Varied Support Services] organization, current or planned employee, subcontractor, or consultant.

(See, e.g., section G.2.2, above, “Key Personnel & Subcontractors.”

Minimum qualifications of projected key personnel are listed in Section M below, however proposed key personnel and project staffing are not limited to these categories or qualifications.)

(5) Submit resume/s for Key Personnel which demonstrate the level of competency necessary to successfully complete the work defined herein.

Resumes should be formatted as follows:

(a) Name and title

(b) A brief description of proposed duties and responsibilities of the person for this…