RFQ 1089050 Balanced Scorecard Software SAM.pdf

NOTES TO QUOTERS

1. Submit quotes to Katie Maloney (katie.maloney@usda.gov) by 5:00 PM EST on June 9, 2023.

A COMPLETE QUOTE SHALL INCLUDE THE FOLLOWING INFORMATION:

☐ Business Information. Include company name, UEI number, and point of contact information. Include acknowledgement of any Amendments.

☐ Pricing Schedule (Section 5.0). Quotes must provide a price for all items as required in Sections 3.0 & 5.0 of this solicitation to be eligible for award. The Government will award on an “All or None” basis. Alternative pricing schedules will not be considered.

☐ Capability Information. A statement of capability which demonstrates the ability to provide software that meets or exceeds the specifications and to perform all of the work as specified in this document, including estimated number of hours needed for training and anticipated labor categories (not to exceed 5 pages). Past performance information will be collected from CPARS.

2. All questions must be submitted in writing to Katie Maloney (katie.maloney@usda.gov). Submit questions no later than two (2) days prior to the response deadline to ensure adequate time is available to respond and amend the solicitation if necessary.

3. Quoters must be registered in the System for Award Management (beta.SAM.gov) as a small business under 2022 NAICS 513210, including current online representations and certifications, no later than the solicitation response date.

4. A prospective contractor may be requested to provide additional information to assist the

Government in making a responsibility determination (FAR Subpart 9.1).

5. This Request for Quote for commercial supplies and services is being conducted in accordance with FAR 13.5 procedures for commercial services. The Government will award a contract in accordance with FAR 13.106 resulting from this solicitation to the responsible contractor whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. Award will be made to the contractor whose quote is determined to be the best value and best meets the agency’s needs. Contractors shall provide information that addresses the services their company proposes to provide in accordance with the Specifications. The Government does not assume the duty to search for information to cure the problems it finds in the information provided by the Contractor. The burden of providing thorough information remains with the Contractor.

6. The U.S. Department of Agriculture (USDA) is an agency of the Federal Government and is tax exempt (Tax ID # 41‐069271).

mailto:katie.maloney@usda.gov mailto:katie.maloney@usda.gov

Request for Quotes:

Balanced Scorecard License, Installation Assistance, & Training

Contents Project

General Information

1.0 Scope of Work

2.0 Background

Contractor Requirements

3.0 Technical Requirements / Tasks

4.0 Government Furnished Resources

5.0 Deliverables / Schedule

6.0 Travel

7.0 Contractor Personnel

8.0 Security Requirements

9.0 Data Rights

10.0 Section 508 – Electronic and Information Technology Standards

11.0 Terms & Conditions

Project Balanced Scorecard Planning Model Software & Related Services

General Information

1.0 Scope of Work

Provide MRPBS with Commercial Off the Shelf (COTS) software to develop, implement, and track the progress of the Program‐wide Strategic Operating Plan, as well as remote assistance with the installation and implementation of the software. This is not intended as an acquisition for software design or development to meet the needs of the program. Offers must include a FedRamp certification for cloud products or have an on‐premise installation option.

This acquisition is anticipated to be a firm‐fixed price contract for software licenses and associated services, with a base year and four 12‐month option periods, for a total of 60 months. The base year Period of Performance is estimated as July 1, 2023 – June 30, 2024.

2.0 Background

Marketing and Regulatory Business Services’ (MRPBS) has a strategic plan based on the Balanced Score Card business model. In order to effectively incorporate this model into daily employee functions, USDA is seeking a commercially available software product to develop and manage the strategic plan implementation across MRPBS’ four divisions and more than 700 employees. This software needs to permit MRPBS to assess strategic needs, build strategic initiatives and action plans to support execution, and transparently report on progress towards strategic priorities. The product should also provide role‐ oriented access to administrate the software and engage employees in implementing the strategic operating plan based on their individual responsibilities within the applicable strategic initiatives.

Contractor Requirements

3.0 Technical Requirements / Tasks

Software Specifications:

• Develop strategic operating plans based on Balance Scorecard strategic framework

• Build strategy maps based on Balance Scorecard elements

• Outline strategic goals, objectives, and action items

• Assign the individuals responsible for completing tasks/action items and track progress on the tasks/action items with reports on item status.

• Support development and tracking of key performance indicators for strategic objectives (KPIs)

• Support development and tracking of measures, measures, and targets for tasks/action items in the strategic operating plan

• Support strategy formulation using Balanced Scorecard tools SWOT and PESTEL

• Provide the ability to purchase, add, and connect scorecards for subordinate organization units’ planning efforts

• Provide visualizations to show initiatives’ and action items’ progress on strategic priorities

• Provide ability to manage approvals for assignments of initiatives and action items

• Provide dashboards to visualize progress on strategic priorities, initiatives, and action items.

• Provide reporting capability within the system and the ability to easily output reports in

PPT, Excel, and PDF formats

• Provide ability to integrate performance data with SharePoint

• Provide role‐based access to all MRPBS employees (approximately 720), including intermediate access levels for supervisors, initiative owners, project/program managers, or administrators

• Must comply with Federal cyber security requirements described in Sections 8 & 10 of this document

• If offering a cloud‐based product ‐ must have an active FedRamp certification

• On‐premise installation option permissible as a substitute for cloud products lacking

FedRamp certification.

Technical Support:

• Provide professional services to remotely assist with installation of the software into the

USDA environment. Contractors shall provide estimate of hours needed for training in their response to the solicitation based on software complexity.

• Provide regular software updates per commercial release schedule and timely incorporation with USDA network requirements:

The Contractor will provide annual maintenance with engineering and technical support for routine maintenance updates to the COTS solution.

Annual maintenance shall be all‐inclusive of the following:

• New updates / modifications / releases / revisions (including new versions)

• Licenses and software keys of products made available to all customers during the period(s) of this contract

Such modifications / revisions shall be provided to the U.S. Government within thirty days (30) after such modifications / revisions / new versions are made available to the Contractor’s other customers.

The following shall be provided under the maintenance agreement:

• New releases support: The install of new releases must be coordinated between the Contractor’s Program Manager and the USDA COR or Project Manager. New releases will be tested and installed into USDA production environment, so as not to significantly impact the business operation of USDA businesses units, customers and stakeholders. The Contractor must provide updated documentation / training (system administration/end‐user) and system release notes prior to any releases being implemented. The Contractor shall provide/install all general commercial releases of any packaged software within three (3) months of its general availability.

• Provide technical support for the COTS solution and associated components / modules:

The Contractor shall provide remote (off‐site) help desk support to USDA technical personnel in the identification, diagnosis, and resolution of issues and problems with the solution.

The Contractor shall provide (at a minimum) the following Help Desk Service Support hours of operation: Monday thru Friday 7 AM to 6 PM Central Time (CST) – excludes federal holidays.

The following technical support should be provided:

• Data Error Correction ‐‐ Related to software failure of the product reported to the Contractor

• Fixing of Critical Software Bugs ‐ A bug which causes the software to:

o halt operations or crash o create system error messages or dumps o prevent a user from performing a necessary business operation defined in the software requirements o incorrectly store, retrieve, update, display or report the data o Allow the user to violate intended security.

• Addressing all security vulnerabilities as reported by USDA information security personnel (e.g. Information Systems Security Officer (ISSO) or Information System Security Manager (ISSM))

• Periodic Maintenance Releases Security Support: USDA will report all vulnerability or missing patches found in the software to the Contractor’s Program Manager as a Security Support Incident. The Contractor Program Manager must mitigate these vulnerabilities, once reported, within 15 business days. A report that outlines all remediated vulnerabilities and/or patches applied must be produced after each Security Support incident.

Emergency Patch Releases and Updates: All emergency patch releases and updates made to the COTS Product must be coordinated between the Contractor’s Program Manager and the USDA Project Manager (or Contracting Officer's Representative (COR)). All changes will be tested and installed into the USDA production environment in such a manner as to minimize significant impact to the normal business activities of USDA.

Training:

• Provide virtual training, to be recorded, to IT technicians and system administrators responsible for maintaining the software. Contractors shall provide estimate of hours needed for training in their response to the solicitation based on software complexity.

• Provide virtual training on software navigation and use, to be recorded, for up to 500 non‐administrative end‐users. Contractors shall provide estimate of hours needed for training in their response to the solicitation based on software complexity.

4.0 Government Furnished Resources

Government personnel will install and maintain the software. The vendor will not be required to obtain logical or physical access. The vendor will have no need to access federal facilities in reference to this acquisition. There will be no government furnished equipment for contract use.

5.0 Deliverables / Schedule

Key Deliverables

Item No.

Deliverable Objective Due

1 Software Balanced Scorecard planning model software

Within 30-days of contract award

2 Professional Services

Remote Installation assistance to USDA network

To be scheduled within 30-days of contract award

3 Professional Services

Training of software administrators To be scheduled within one week of software integration

4 Professional Services

Training of non-administrative end-users

To be scheduled within 30 days of administrator training

5 Software updates

Maintain functionality of software package through regularly scheduled commercial updates, including:

1. Support of periodic maintenance releases.

2. Support for emergency releases and updates.

3. New version(s) of software solutions.

1. Maintenance releases are provided within 30 business days of release to commercial / regulatory customers.

2. Support for emergency releases / updates is provided on average within 15 business days of emergency release.

3. New version(s) of solution(s) are provided to USDA within 45 business days of release to commercial / regulatory customers.

6 Technical Support

1. Provide remote (off-site) help desk support to USDA technical personnel in the identification, diagnosis, and resolution of issues / problems with the solution / components.

2. Data error correction related to software failure.

3. Resolution of critical software bugs as defined in the Requirements / Tasks section above.

4. Mitigation and support of security vulnerabilities as reported by the contractor or USDA information security personnel.

1. Contractor provides confirmation / acknowledgement of ticket to USDA within 1 business day of submission. Resolution is provided on average within 15 business days.

2. Resolution of data errors related to software failure is provided on average within 15 business days.

3. Resolution of critical bugs is provided on average within 15 business days.

4. Mitigation and support of security vulnerabilities is provided on average within 15 business days.

Pricing Schedule

Pricing for each item shall be fixed and inclusive of all costs associated with the work needed to fulfill each item’s requirements.

Item Quantity Unit Unit Price Total Price Licensed Access to Software (720+ Users) ‐ Base Year

1 EA

Item Quantity Unit Unit Price Total Price Remote Installation Assistance HR Remote Software Administrator Training HR Remote End User Training HR Technical Support & Routine Maintenance Updates– Base Year

1 EA

Licensed Access to Software (720+ Users) – Option Year 1

1 EA

Technical Support & Routine Maintenance Updates– Option Year 1

1 EA

Licensed Access to Software (720+ Users) – Option Year 2

1 EA

Technical Support & Routine Maintenance Updates– Option Year 2

1 EA

Licensed Access to Software (720+ Users) ‐ Option Year 3

1 EA

Technical Support & Routine Maintenance Updates– Option Year 3

1 EA

Licensed Access to Software (720+ Users) ‐ Option Year 4

1 EA

Technical Support & Routine Maintenance Updates– Option Year 4

1 EA

Proposed Total Contract Price: _____________

6.0 Travel

Travel will not be authorized for this acquisition.

7.0 Contractor Personnel

The Contractor will provide support staff with the necessary experience and skills to complete remote installation and training services so that the software can be effectively used by the government. These personnel are not directly employed by the Government, and the Government shall not be responsible for their management.

8.0 Security Requirements

This list of Contractor Requirements (CR) establishes the requirements for USDA contractors who create, use, maintain, receive, disseminate, or dispose of USDA records in connection with the performance of USDA‐funded tasks or activities. Regardless of the performer of the work, the contractor is responsible for complying with the CR list. The contractor is responsible for the requirements of the document flowing down to sub‐contractors at any tier, to the extent necessary to ensure contractor compliance with the requirements.

1. Implement a records management training or awareness program that will provide appropriate training to contractor employees so as to ensure the management of USDA records in accordance with applicable legal requirements, including, Records Management.

2. Manage all data created, received, and maintained for the Government by contractors in accordance with 44 U.S.C. Chapters 21, 29, 31 and 33; the FOIA; the Privacy Act of 1974; and; Records Management.

3. Establish record keeping requirements that reflect adequate and proper documentation of the contractor’s work on behalf of USDA.

4. Maintain up‐to‐date inventories, file plans, or systems that provide for the identification, location, and retrieval of all categories of records created and received in the course of official business.

5. Work through the appropriate agency or staff office RO or agency or staff office RML, to request disposition authority for all unscheduled records and to transfer records to storage facilities.

6. Preserve records beyond their approved retention periods when they have been placed under a destruction moratorium for purposes of audits, litigation hold, FOIA appeals, and similar obligations. A destruction moratorium shall be lifted only by the OGC.

7. Store inactive records in facilities that meet the requirements of applicable Federal regulations found in, Records Management, and ensure all provisions are met when storing inactive records in agency, staff office, contractor, and records storage facilities.

8. Work with the appropriate contracting official and/or records professional to ensure Federal records are identified for turnover and/or delivery at the completion or termination of the contract.

9. When deliverables or turnover includes electronic records, provide sufficient technical documentation to ensure access to the records throughout their life cycle.Records Management Requirements

The following standard items relate to records generated in executing the contract and must be included in a typical electronic information system procurement contract. The list below identifies the minimum requirements:

1. Citations to pertained laws, codes and regulations such as 44 U.S.C. chapters 21, 29, 31 and 33; FOIA (5 U.S.C. 552); Privacy Act of 1974 (95 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S.

Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contracting using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverables that contains information covered by the Privacy Act of 1974 or that which is generally protected by the FOIA.

5. The Government Agency owns the rights to all data/records produced as part of this contract.

6. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

7. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format (paper, electronic, etc.) or mode of transmission (e‐mail, fax, IM, text messaging, etc.) or state of completion (draft, final, etc.).

8. No disposition of documents will be allowed without the prior written consent of the Contracting Officer (CO). The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by Concealment, Removal, or Mutilation Generally.

Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records disposition schedules.

9. Contractor is required to obtain the CO’s approval prior to engaging in any contractual relationship (sub‐contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (sub‐contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.8.3 Compliance with Internet Protocol version 6 (IPv6) in Acquiring Information Technology

a. Any system, hardware, software, firmware or networked component (voice, video or data) developed, procured or acquired in support or performance of this contract must be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500‐267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system must maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products:

b. Specifically, any new IP product or system developed, acquired, or produced must:

1. Interoperate with both IPv6 and IPv4 systems and products, and

2. Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

c. As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government.

d. The Contractor must provide technical support for both IPv4 and IPv6.

e. Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

f. Any product whose non‐compliance is discovered and made known to the Contractor within one year after acceptance must be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.9.0 Data Rights

The USDA is purchasing licensed access to the contractor’s software for use by its employees. All relevant Government data is owned and maintained by USDA in the USDA network.

10.0 Section 508 – Electronic and Information Technology Standards

This Statement of Work is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the Workforce Investment Act of 1998 (P.L. 105‐220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Information and Communications Technology (ICT)1, the ICT must allow Federal employees and members of the public with disabilities comparable access to, and use of information and data provided to Federal employees and members of the public without disabilities.

The ICT accessibility standards as 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board (also known as the Access Board) and apply to contracts, task orders, and indefinite quantity contracts on or after June 25, 2001.

(c) Each Information and Communications Technology (ICT) product or service furnished under this contract shall comply with the Information and Communications Technology Accessibility Standards (36 CFR 1194), as specified in the contract, at a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the noncompliant products or services within a period of time specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1) Cancellation of the contract, delivery, or task order, purchase or line item without termination liabilities; or

2) In the case of custom Information and Communications Technology (ICT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the non‐compliant ICT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all ICT products and services that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

(e) For every ICT product or service accepted under this contract by the Government that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract

11.0 Terms & Conditions

11.1 Clauses Incorporated by Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

(End of clause)

11.2 Clauses Incorporated by Full Text

FAR 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive‐12 (HSPD‐12), Office of Management and Budget (OMB) guidance M‐05‐24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government‐provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

http://www.acquisition.gov/

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally‐controlled facility and/or routine access to a Federally‐controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real‐time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off‐the‐shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Products and Commercial Services (Mar 2023)

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

(1) 52.203‐19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204‐23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115‐91).

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

(4) 52.209‐10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232‐40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233‐3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 52.233‐4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108‐77 and 108‐78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204‐10, Reporting Executive Compensation and First‐Tier Subcontract Awards (JUN 2020) (Pub. L. 109‐282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204‐14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111‐117, section 743 of Div. C).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14

__ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (OCT 2016) (Pub. L. 111‐117, section 743 of Div. C).

_X_ (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

__ (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (12) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

_X_ (14) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219‐6.

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

__ (ii) Alternate I (MAR 2020) of 52.219‐7.

__ (16) 52.219‐8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219‐9, Small Business Subcontracting Plan (OCT 2022) ( 15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219‐9.

__ (iii) Alternate II (NOV 2016) of 52.219‐9.

__ (iv) Alternate III (JUN 2020) of 52.219‐9.

__ (v) Alternate IV (SEP 2021) of 52.219‐9.

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

__ (ii) Alternate I (MAR 2020) of 52.219‐13.

__ (19) 52.219‐14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (20) 52.219‐16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16

__ (21) 52.219‐27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (OCT 2022) ( 15 U.S.C. 657f).

_X_ (22) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (MAT 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219‐28.

__ (23) 52.219‐29, Notice of Set‐Aside for, or Sole‐Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (24) 52.219‐30, Notice of Set‐Aside for, or Sole‐Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219‐32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219‐33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222‐3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

_X_ (29) 52.222‐21, Prohibition of Segregated Facilities (APR 2015).

_X_ (30) (i) 52.222‐26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222‐26.

__ (31) (i) 52.222‐35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222‐35.

_X_ (32) (i) 52.222‐36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (JUL 2014) of 52.222‐36.

__ (33) 52.222‐37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (34) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222‐50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50

__ (ii) Alternate I (MAR 2015) of 52.222‐50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222‐54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (i) 52.223‐9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ (ii) Alternate I (MAY 2008) of 52.223‐9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40) (i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223‐13.

__ (41) (i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223‐14.

_X_ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

_X_ (43) (i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223‐16.

_x_ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (45) 52.223‐20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223‐21, Foams (Jun2016) (E.O. 13693).

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

__ (ii) Alternate I (JAN 2017) of 52.224‐3.

https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3

__ (48) (i) 52.225‐1, Buy American‐Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225‐1.

__ (49) (i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (DEC 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501‐4732), Public Law 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐42, and 112‐43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225‐3.

__ (iv) Alternate III (JAN 2021) of 52.225‐3.

__ (v) Alternate IV (Oct 2022) of 52.225‐3.

__ (50) 52.225‐5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225‐13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225‐26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

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

__ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

__ (55) 52.229‐12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232‐29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232‐30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232‐36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

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_X_ (61) 52.239‐1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (62) 52.242‐5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247‐64, Preference for Privately Owned U.S.‐Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247‐64.

__ (iii) Alternate II (NOV 2021) of 52.247‐64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

_X_ (1) 52.222‐41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

_X_ (2) 52.222‐42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of…