RFQ_140G0123Q0050_Sections_B-M_Final_Open_Market.pdf

Solicitation 140G0123Q0050 Age Verification Services Page 6 of 58

SECTION B – SUPPLIES, SERVICES AND PRICES

B.1 Purpose

The purpose of this contract is to obtain Age Verification Services for U.S. Geological Survey (USGS) Store.

B.2 Contract Type and Services

This is a Firm-Fixed Price contract. The USGS will issue a Firm Fixed Price (FFP) contract for Age Verification Services for the USGS Store. These services are required in order to verify eligibility of applicants applying for the America the

Beautiful Senior Pass (Lifetime or Annual Pass). Eligible applicants are U.S citizens or permanent residents age 62 or over.

B.3 Pricing

Provide a Discounted Firm Fixed Price for USGS Store Age Verification Services rendered on the Open Market under

NAICS Codes: 511210 Software Publishers or 541519 Other Computer Related Services

Provide a breakdown of the total firm-fixed price for the 12- month Base Period and four (4) 12-month Option Periods.

Base Period of Performance (POP): 05/21/2023 – 05/20/2024

Option Period One (1): 05/21/2024 – 05/20/2025

Option Period Two (2): 05/21/2025 – 05/20/2026

Option Period Three (3): 05/21/2026 – 05/20/2027

Option Period Four (4): 05/21/2027 – 05/20/2028

*Please make sure to include Labor Categories, Hourly Rates, and Miscellaneous Expenses* (If Applicable)

Pricing Criteria: Please provide pricing as specified below. The pricing quotation will not be considered if the pricing is not stated in the following manner:

CLIN 00010 – CLIN 00020: Base Period of Performance:

CLIN 00010: # of Verifications Processed: 0-90,000: $_________

CLIN 00020: Additional Option: # of Verifications Processed: 90,001 – 120,000: $__________

Base Period Total Price: $__________

CLIN 00030 – CLIN 00040: Option Period One (1):

CLIN: 00030: # of Verifications Processed: 0-90,000: $_________

CLIN 00040: Additional Option: # of Verifications Processed: 90,001 – 120,000: $__________

Option Period One (1) Total Price: $__________

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CLIN 00050 – CLIN 00060: Option Period Two (2):

CLIN 00050: # of Verifications Processed: 0-90,000: $_________

CLIN 00060: Additional Option: # of Verifications Processed: 90,001 – 120,000: $__________

Option Period Two (2) Total Price: $_________

CLIN 00070 – CLIN 00080: Option Period Three (3):

CLIN 00070: # of Verifications Processed: 0-90,000: $_________

CLIN 00080: Additional Option: # of Verifications Processed: 90,001 – 120,000: $__________

Option Period Three (3) Total Price: $_________

CLIN 00090 – CLIN 00100: Option Period Four (4):

CLIN 00090: # of Verifications Processed: 0-90,000: $_________

CLIN 00100: Additional Option: # of Verifications Processed: 90,001 – 120,000: $__________

Option Period Four (4) Total Price: $__________

Total Overall Price: $______________

END OF SECTION B

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SECTION C -- DESCRIPTIONS AND SPECIFICATIONS – MASTER PERFORMANCE WORK STATEMENT

USGS STORE AGE VERIFICATION SERVICES PERFORMANCE WORK STATEMENT

C.1 Scope

I. GENERAL INFORMATION

A. US Geological Survey, through the Science Information Delivery Branch (SID) needs to verify eligibility of applicants applying for the America the Beautiful Senior Pass (Lifetime or annual pass). Eligible applicants are

U.S. citizens or permanent residents aged 62 or over.

B. The USGS, Science Information Delivery (SID) in (Lakewood/Colorado) supports the requests made at the

USGS Store with Age Verification Services supplied through the current contract. The primary use is to support the Age Verification Services to the public for the purchase of Senior Park Passes through the America

The Beautiful program. SID currently uses a verification service as part of the America the Beautiful Senior

Pass ordering process on the USGS Store (store.usgs.gov). This service validates the customers’ legal name and verifies they meet the Age requirements and U.S. Citizen or Permanent Resident requirement. SID uses this service at the start of the ordering process

C. Application is NPS Form 10-595 (Rev 12/2016); SID stands for Science Information Delivery; USGS Store is store.usgs.gov.

D. Science Information Delivery (SID) requires a verification service as part of the America the Beautiful Senior

Pass ordering process on the USGS Store (store.usgs.gov). This service would validate the customers’ legal name and verify they meet the Age requirements and U.S. Citizen or Permanent Resident requirement. SID would like this service to be at the start of the ordering process. The customer visits the USGS Store and selects either the Lifetime Senior Pass or the Annual Senior Pass. After putting the Senior Pass into their shopping cart, they are routed to the 3rd party verification service site (if necessary) where they add the necessary information to verify their eligibility (first name, middle name, last name, address, phone number, and last 4 of Social Security Number). The verification service takes just a few seconds and when the customer’s eligibility is verified, they are returned to the USGS Store to complete their purchase. The 3rd party vendor also sends information proving validation back to the USGS Store. Those customers that cannot be verified are returned to the USGS Store where they are allowed to complete their purchase using previous methods.

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II. WORK REQUIREMENTS

A. Technical Requirements.

1. We expect the vendor to verify the customer is 62 or older and that they are a U.S. Citizen or Legal

Resident. We expect this process to be completed within 10 seconds so the customer can complete their order in the USGS Store. We also expect the vendor to return data points that prove eligibility so we can complete the order for the customer. Those customers that cannot be validated would be returned to the

USGS Store.

2. The vendor must ensure that consumer data is secure and will not be utilized for any purpose other than to verify eligibility for the Senior Pass. This includes both direct and indirect collected data. Vendor should provide certification and accreditation documentation showing how they protect the customer data.

3. It is expected that the vendor could verify a minimum 85% of customer’s eligibility requests.

4. Vendor and SID will coordinate system outages so proper notification to store visitors can be advertised on the USGS Store.

5. SID requests 4 option years be included in the solution.

6. The solution should be compatible with the USGS Store which runs on Drupal.

7. The customer data provided includes PII and needs to be protected per DOI Policy and USGS Policy.

Guidance can be found here: https://www.doi.gov/privacy https://www2.usgs.gov/laws/privacy.html

The vendor must address how it will achieve these requirements in its technical proposal.

B. Deliverables.

1. A secure web site that allows customers to enter their information into the vendor’s site to verify eligibility and then returns the customer to the USGS Store to complete the purchase. The vendor would

USGS STORE

AGE

VERIFICATION

SERVICE

Enters Vendors Site

Service

Customer Agrees

Customer Disagrees

Customer routed back to the USGS Store (no charge) Customer completes purchase with an upload

Age Verified

Age Not Verified

AGE

VERIFICATION

SERVICE

Customer routed back to the USGS Store to complete transaction (charge)

Age Verification Process Path https://www.doi.gov/privacy https://www2.usgs.gov/laws/privacy.html

Solicitation 140G0123Q0050 Age Verification Services Page 10 of 58 also send some data points that state whether the customer has been verified as eligible or not.

2. Science Information Delivery wants this in place within 45 days of award. SID would like a walk-through of how the process would work before the project starts and other times that seem appropriate.

3. Workflow diagram and documentation detailing process the customer will follow during verification.

4. Vendor will maintain the age verification solution during the duration of the award to include option years if awarded.

5. Vendor will need to ensure and safeguard customer PII data at all times during receipt, processing, file storage, etc. Provide documentation on how data is secured during time on vendor site/application.

The vendor must address how it will achieve these deliverables and requirements in its technical proposal.

C. Transition Plan

Vendor will develop plan to utilize current API (SheerID verification service) in the production environment until successful testing and deployment of uninterrupted continued service to the production environment is completed. Time needed to integrate new service with current USGS systems (SAP and

Drupal store) to include deployment to production environment should not exceed 45 days.

The vendor must address how it will achieve this transition (transition plan) in its technical proposal.

III. SUPPORTING INFORMATION

A. Place of Performance: USGS Store (store.usgs.gov) SID is located in Lakewood, Colorado. Vendor can perform work in their own location. Possibility of site visit to Lakewood, Colorado for kick off meeting.

B. Period of Performance: It is expected that the Period of Performance should not exceed 45 days from project start to Go Live. SID would like a base period of twelve (12) months and four (4) twelve-month option periods.

C. Special Considerations.

1. Key personnel qualifications: Vendor should provide resumes of key staff assigned to the project before kickoff meeting.

D. Historical Data: Since the inception of this program in 2019, the numbers have grown each year, but the number seems to be settling between 100,000 and 120,000 checks per performance year. The high point in the future may reach approximately 120K checks per performance period year.

Historical Data (based on data from current vendor)

Performance Period Volume (# of Orders)

June 2019 – May 2020 52,208

June 2020 – May 2021 112,515

June 2021 – 14 February 2022 77,926

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C.2 Work Statement Attachment: Information Technology Security Requirements Summary

1. Background Investigation

Not applicable.

2. Non-disclosure Agreement

Will be signed post-award

3. Training

Not applicable.

4. Personnel Changes

Not applicable.

5. Contractor Location

Not applicable.

6. Applicable Standards

Addressed Below

7. Security Categorization

Not applicable.

8. Property Rights

Not applicable

9. Independent Verification and Validation (IV & V)

Not applicable.

10. Certification & Accreditation

Not applicable

11. Internet Logon Banner

Not applicable.

12. Incident Reporting

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13. Quality Control

All software and hardware shall be free of malicious code.

14. Self-Assessment

Not applicable.

15. Vulnerability Analysis

Not applicable.

16. Logon Banner

Not applicable.

17. Security Controls

Not applicable.

18. Contingency Plan

(End IT Work Statement)

C.3 DOI IT Baseline Compliance Contract Guidelines

• Information systems and system services provided to the DOI by the Contractor must comply with DOI IT

Cybersecurity and Privacy Control Standards, privacy policies, and other related guidance.

• Contractors and information system service providers shall be responsible for recognizing and reporting security incidents.

• Contractors shall comply with the requirements of the Privacy Act of 1974 and shall not remove personally identifiable information (PII) or Privacy Act material from government facilities or systems, or facilities or systems operated or maintained on the government’s behalf, without the express written permission of the Head of the Contracting Activity.

• Products, platforms, and services delivered as part of a contract statement of work that use information and communication technology (ICT), shall conform to the ICT Accessibility Revised 508 Standards of the

Rehabilitation Act.

• Contractors shall comply with all applicable records management laws and regulations that includes National

Archives and Records Administration (NARA) records guidance and departmental policy.

• Acquired services shall comply with the Homeland Security Presidential Directive-12 that requires all federal entities to ensure that all Contractor employees have current and approved security background investigations that are equivalent to investigations performed with the federal employee workforce.

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• Contractors must manage Controlled Unclassified Information (CUI) in accordance with applicable laws, regulations, executive orders, and policies.

• If a portion of the contract requirement seeks information from ten or more members of the public, the

Contactor employees shall work with the Bureau Information Collection Clearance Officer to obtain a

Paperwork Reduction Act clearance from the Office of Management and Budget (OMB).

References:

• Federal Information Security Modernization Act of 2014 (FISMA): https://www.cisa.gov/federal-information-security-modernization-act

• Federal Risk and Authorization Management Program (FedRAMP) for cloud hosted systems:

https://www.fedramp.gov

• Section 208 of the E-Government Act of 2002: https://www.govinfo.gov/content/pkg/PLAW-

107publ347/pdf/PLAW-107publ347.pdf

• Privacy Act of 1974: https://www.justice.gov/opcl/privacy-act-1974

• Federal Information Processing Standards (FIPS) and the National Institute of Standards and Technology

(NIST) 800-Series Special Publications (SP): https://www.nist.gov

•Office of Management and Budget (OMB) Circular A-130, Managing Information as a Strategic Resource:

•NIST Computer Security Resource Center Glossary Terms and Definitions: https://csrc.nist.gov/glossary

(End Section)

C.4 52.900S-1006 PREVENTION OF MALICIOUS CODE JUNE 2018

(a) Definitions

Malicious code is a computer code developed for the purpose of causing some form of intentional damage to computer systems or networks. Malicious code may be a complete program or code imbedded in software programs that appear to provide useful functions. The term includes computer viruses and other destructive programs, such as "Trojan Horses" and network "worms."

(b) The contractor must have in place an anti-virus procedure to ensure that media supplied is uncontaminated by malicious code.

(c) The contractor is required to scan all delivered software to insure it is free of malicious code prior to its installation or operation on USGS-owned computers or contractor-owned computers connected to USGS computer systems or networks. Contractors using diagnostics software disks or connecting to a non-USGS computer while performing repairs or upgrades to a USGS computer will scan the serviced computer's drive(s) to insure they are free of malicious code upon completion of the service call, or prior to return of serviced equipment, if servicing is performed off-site.

https://www.cisa.gov/federal-information-security-modernization-act https://www.cisa.gov/federal-information-security-modernization-act https://www.fedramp.gov/ https://www.govinfo.gov/content/pkg/PLAW-107publ347/pdf/PLAW-107publ347.pdf https://www.govinfo.gov/content/pkg/PLAW-107publ347/pdf/PLAW-107publ347.pdf https://www.justice.gov/opcl/privacy-act-1974 https://www.nist.gov/ https://csrc.nist.gov/glossary

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END OF SECTION C

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SECTION D – PACKAKING AND MARKING

END OF SECTION D

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SECTION E -- INSPECTION AND ACCEPTANCE

E.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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 address:

http://www.acquisition.gov/far/

Clause Title Date

52.246-02 Inspection of Supplies—Fixed Price August 1996

52.246-04 Inspection of Services—Fixed Price August 1996

E.2 GS0721 INSPECTION AND ACCEPTANCE PERIOD JULY 2001

(a) It is anticipated that inspection and acceptance shall be completed by USGS personnel within 45 days after delivery of all completed deliverables by the contractor, at which time the contractor will be informed of any deficiencies or of final payment approval.

(b) Accordingly, subparagraph (a)(5)(i) of the clause FAR 52.232-25, Prompt Payment, is hereby modified to increase the constructive acceptance period to 30 days. If the Government subsequently rejects the items, and repair or replacement cannot be effected within the contract delivery date, the contractor may request that the contract delivery date be extended one day for each day the Government required for inspection in excess of the above allotted inspection period.

E.3 GENERAL ACCEPTANCE CRITERIA

• General quality measures, as set forth below, will be applied to each work product received from the contractor under this Contract.

• Accuracy - Work shall be accurate in presentation, technical content, and adhere to accepted elements of style.

• Clarity - Work shall be clear and concise all diagrams shall be organized and relevant to the supporting narrative(s).

• Consistency to Requirements - All work shall satisfy the requirements of this contract.

• File Editing - All text and diagrammatic files shall be editable by the Government.

• Format - Work shall be submitted in hard copy (where applicable) and in media mutually agreed upon prior to submission, unless otherwise specified herein. Hard copy formats shall follow any specified Directives or Manuals.

• Timeliness - Work shall be submitted on or before the due date specified herein or submitted in accordance with a later scheduled date determined by the Government.

END OF SECTION E

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SECTION F -- DELIVERIES OR PERFORMANCE

F.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE

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 address:

52.242-15 Stop-Work Order August 1989

F.2 GS0905 PLACE OF PERFORMANCE JULY 2001

Services will be provided at the contractor facility.

F.3 GS0910 PERIOD OF PERFORMANCE JULY 2001

The anticipated period of performance of this Contract shall be date of award through 12 months and will include four (4)

12-month option periods.

F.4 GS0916 PERIOD FOR EXERCISE OF OPTION TO EXTEND

SERVICES

JULY 2001

For the purposes described in FAR 37.111, the Government may exercise the option to extend the contract under the clause 52.217-8, Option to Extend Services, by written notice issued to the Contractor prior to the expiration of the initial contract period or any option period, including any previous extensions under this clause. When such date falls on the last day of a fiscal year, notification must be provided within 7 days after funds are appropriated and available for the new fiscal year.

F.5 GS0919 LEGAL HOLIDAYS JANUARY 2002

The following legal holidays are observed by this Government agency:

New Year’s Day January 01

Martin Luther King’s Birthday 3rd Monday in January

Presidents Day 3rd Monday in February

Memorial Day Last Monday in May

Juneteenth June 19

Independence Day July 04

Labor Day 1st Monday in September

Columbus Day 2nd Monday in October

Veterans Day November 11

Thanksgiving Day 4th Thursday in November

Christmas Eve December 24

Christmas Day December 25

When a holiday falls on Saturday or Sunday, it is observed on the adjacent Friday or Monday, respectively.

In addition to the holidays listed above, the contractor agrees to observe leave days or closures designated by Federal

Statute, Executive Order, or Presidential Proclamation.

END OF SECTION F

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SECTION G -- CONTRACT ADMINISTRATION DATA

G.1 GS1101 CONTRACT ADMINISTRATION OFFICE JULY 2001

(a) This contract will be administered by:

United States Geological Survey

Nicole Demby, Contracting Officer ndemby@usgs.gov, 703-648-7372

12201 Sunrise Valley Drive

Reston VA 20192

(b) Written communications to the Administrative Contracting Officer shall make reference to the contract number and shall be mailed to the above address.

G.2 DOI ELECTRONIC INVOICING Electronic Invoicing and Payment Requirements - Internet

Payment Platform (IPP) (September 2011)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Internet Payment

Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Send a copy of the final invoice.

The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The

Contractor Government Business Point of Contact (as listed in CCR) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the original contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer.

G.3 UNILATERAL DEOBLIGATION OF UNEXPENDED FUNDS MAY 2013

Contracting Officers may de-obligate unexpended balances with a unilateral administrative modification when all the following applies:

(a) The following clause is included in the award, either initially or subsequently by bilateral modification:

The contract shall submit all invoices under the award no later than 90 calendar days after the period of performance has expired, unless a request for extension has been submitted to the Contracting Officer. After 120 days has passed since the expiration of the period of performance, the government reserves the right to issue a unilateral modification deobligating any unexpended funds, and to initiate closeout procedures.

mailto:ndemby@usgs.gov

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(b) The Contracting Officer has contacted the cognizant program official to confirm that all work is complete and deliverables received and accepted.

(c) The Contracting Officer has determined that the vendor has invoiced and been paid all amounts due under the award.

(d) All addition close procedures will be initiated as appropriate.

G.4 Technical Liaison-Technical Direction (Jul 2018)

(a) The performance required herein shall be subject to the technical direction of the Technical Liaison (TL) as identified below. As used herein, "technical direction" is defined as direction to the contractor that fills in details, suggests possible lines of approach, or otherwise supplements the scope of the work set forth herein and shall not constitute a new assignment, and does not supersede or modify any article or clause of this contract.

(b) The Technical Liaison is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

(c) The contractor shall immediately notify the Contracting Officer in writing if the Technical Liaison has taken an action

(or fails to take action) or issues direction (written or oral) that the contractor considers exceeding the above limitations.

(d) The Technical Liaison assigned for this contract is:

TBD

(e) Only the Contracting Officer may designate a different Technical Liaison.

(End of Clause)

END OF SECTION G

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SECTION H -- SPECIAL CONTRACT REQUIREMENTS

H.1 GS1310 ORGANIZATIONAL CONFLICTS OF INTEREST--GENERAL JULY 2001

(a) The term "organizational conflict of interest" means a situation where a contractor has interests, either due to its other activities or its relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable (i) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the contractor, or in securing the advantages of adequate competition in its procurement; or (ii) from industry's standpoint in that unfair competitive advantages may accrue to the contractor in question.

(b) The contractor agrees that, if after award he discovers an organizational conflict of interest with respect to this contract, he shall make an immediate and full disclosure in writing to the Contracting Officer, which shall include a description of the action which the contractor has taken or proposes to take to avoid, eliminate, or neutralize the conflict.

The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interests of the Government.

(c) In the event that the contractor was aware of organizational conflict of interest prior to the award of this contract and failed to disclose the conflict to the Contracting Officer, the Government may terminate the contract at no cost to the

Government.

H.2 1452.228-70 Liability Insurance July 1996

(a) The Contractor shall procure and maintain during the term of this contract and any extension thereof liability insurance in form satisfactory to the Contracting Officer by an insurance company which is acceptable to the Contracting Officer.

The named insured parties under the policy shall be the Contractor and the United States of America. The amounts of the insurance shall be not less than as follows:

$1,000,000.00 each person*

$500,000.00 each occurrence*

$300,000.00 property damage*

(b) Each policy shall have a certificate evidencing the insurance coverage. The insurance company shall provide an endorsement to notify the Contracting Officer 30 days prior to the effective date of cancellation or termination of the policy or certificate; or modification of the policy or certificate which may adversely affect the interest of the Government in such insurance. The certificate shall identify the contract number, the name and address of the Contracting Officer, as well as the insured, the policy number and a brief description of contract services to be performed. The contractor shall furnish the Contracting Officer with a copy of an acceptable insurance certificate prior to beginning the work.

*These amounts to be set by the Contracting Officer.

(End of clause)

H.3 GS1330 KEY PERSONNEL JULY 2001

(a) The Contractor shall assign to this contract the following key personnel to the identified positions/functions:

Position/Function Name

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(Offeror must fill in names of proposed key personnel, as presented in the technical proposal.)

(b) During the first 90 days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting

Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer.

Proposed substitutes must possess qualifications comparable to the original key person, as well as satisfying any minimum standards set forth elsewhere in the solicitation/contract. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. This clause will be modified to reflect any approved changes of key personnel.

(End Clause)

H.4 GS1332 CONTRACTOR'S REPRESENTATIVE JULY 2001

(a) Upon contract award, the contractor shall furnish to the contracting officer the name of the person he has designated and assigned exclusively to this contract as his agent or representative. The contractor's representative shall exercise overall management responsibility for the contract effort, receive technical direction, and handle problems arising under the contract, such as dismissals, disciplinary matters, etc. The contractor's representative is further responsible for coordinating matters of mutual concern with the Government representatives. In the event questions of responsibility arise, they shall be resolved by the contracting officer or his authorized representative.

(b) The contractor's representative may not be diverted to other projects for 14 consecutive days or more without giving prior written notification to the contracting officer or his representative. Such notification shall include a justification for the diversion, together with information on the proposed substitute in sufficient detail to permit analysis of any potential negative effects on contract performance. No substitution shall be made without the written consent of the contracting officer; provided, however, that the contracting officer may grant such consent retroactively. Any such substitution of a permanent nature will be made a part of this contract through the issuance of a modification.

(c) When the Contractor's Representative is temporarily unavailable to manage the contract effort for a period longer than

72 hours, including absences due to vacation or illness, the contractor will provide to the COR a written designation of an alternate representative, itemizing any limitations in the alternate's authority. The procedures of paragraph (b) above do not apply to such temporary designations unless they are expected to exceed the time period indicated in that paragraph.

H.5 GS1333 CONTRACTOR'S POINT OF CONTACT JULY 2001

The contractor must establish a designated point of contact, answering service or other continuous telephone coverage to insure that 1) all calls from the Government are answered, and 2) the maintenance representative receives any telephone communications from the Government within sufficient time to meet the contract response time requirements. Such continuous coverage must be provided during the period from date of award through 7 years to include the period of performance of any outstanding calls at the end of initial 5 year term.

H.6 GS1338 NOTICE TO THE GOVERNMENT OF DELAYS (JUL 2001) (MODIFIED)

(a) In the event the Contractor encounters difficulty in meeting performance requirements, or when it anticipates difficulty in complying with the contract delivery schedule or any date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer’s Representative, in writing, giving pertinent

Solicitation 140G0123Q0050 Age Verification Services Page 22 of 58 details, provided that this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date or of any rights or remedies provided by law or under this contract.

(b) If the Contractor fails to respond in a timely manner to any portion of this contract, delay will be attributed to the

Contractor. Although the period of performance may change due to the delay, the price may be subject to a downward adjustment.

(c) If the Government delays performance of this contract, the period of performance and/or price may be revised upon mutual agreement between the Government and the Contractor.

H.7 GS1364 Nonpersonal Services and Supervision of Contractor’s Employees September 2017

a. This contract is a “nonpersonal services contract” as defined in FAR 37.101. It is therefore, understood and agreed that the contractor and/or the contractor’s employees:

(1) shall perform the services specified herein as independent contractors, not as employees of the government;

(2) shall request clarification in writing from the Contracting Officer if the Contractor finds it necessary with respect to the scope of services to be performed or the manner in which the services are to be performed hereunder;

(3) shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of this contract;

(4) shall be free from supervision, direction or control by any government employee with respect to the manner or method of performance of the services specified; but

(5) shall comply with such general direction of the Contracting Officer (or the duly authorized representative) pursuant to the government’s right and obligation to inspect, accept or reject the work as is necessary to ensure accomplishment of the contract objectives.

(6) shall not be at any time during the contract period employees of the U.S. Government.

b. The contractor's employees and subcontractors must make clear, in dealings with the public, federal employees, or other contractors that they are not federal employees. To minimize possible confusion, contractors and subcontractors are not permitted to wear clothing or other items (apart from official identity credential) bearing the name, logo, or seal of the

U.S. Geological Survey while performing work under this contract.

c. (paragraph c. is applicable to contracts with individuals) The Government and the Contractor recognize and agree that no employer-employee relationship exists or will exist under the contract between the Government and the Contractor’s personnel. Both parties agree to each of the following:

(1) Entitlement and benefits, including worker’s compensation, applicable to an employer-employee relationship do not apply;

(2) Payments by the Government under this contract will be reported to the IRS as payments to an independent contractor. The contractor is responsible for making payments of estimated taxes, Federal Insurance Contributions

Act (FICA) and Medicare contributions, and other applicable federal, state and local taxes applicable to this income, directly to the relevant taxing authority.

(End Section)

Solicitation 140G0123Q0050 Age Verification Services Page 23 of 58

H.8 GS1371 AVAILABILITY OF IT SECURITY STANDARDS, GUIDES AUGUST 2022

AND OTHER PUBLICATIONS (MODIFIED)

One or more of the following documents relating to Information Technology (IT) security has been incorporated by reference into the solicitation/contract work statement.

The following documents may be accessed electronically at these addresses:

- NIST Special Publications: https://csrc.nist.gov/publications

- Federal Information Processing Standards: https://csrc.nist.gov/publications

- DOI Privacy Impact Assessment: https://www.doi.gov/privacy/pia

The only individual authorized to sign software licensing agreements on behalf of the Government is the contracting officer. Any commercial software licenses signed by the Government are subordinate to the terms of the contract.

H.10 GS1396 RELEASES OF INFORMATION JULY 2001

(a) Disclosure of information gained as a result of work performed under this contract shall be accomplished according to

U.S. Geological Survey procedures or through USGS channels. As used in this clause, the term "information" includes raw data, data derivative there from, and analysis or interpretations thereof, regardless of form. The term includes data developed or acquired by the contractor during performance of this contract, including analysis of samples provided by the Government and samples or recordings made by the contractor during contract performance.

(b) The contractor hereby agrees not to disclose such information to the public or to unauthorized parties without the prior written approval of the Contracting Officer. This restriction does not apply to releases of information to subcontractors (including consultants) as necessary for successful performance of the contract, provided (1) such information is of no commercial value to the subcontractor, and (2) the subcontractor agrees to be bound by the restrictions in this clause.

(c) After the contents of the contractor's final report have been made public by the Government, further releases of information may be made by the contractor, except for information subject to restrictions imposed elsewhere in this contract, if any. All releases must also comply with any additional restrictions which have been determined necessary by the Contracting Officer and provided to the contractor in writing.

(d) News releases pertaining to work under this contract shall not be made at any time without the approval and involvement of the cognizant Government Public Information Office.

H.11 GS1406 CONFIDENTIALITY OF DATA OCTOBER 2005

(a) The work under this contract requires access to proprietary, business confidential, or financial data of other companies and/or USGS internal scientific, planning or procurement sensitive/source selection data, which, if released to third parties may give unfair business, technical, or competitive advantages. As long as such data remains proprietary or confidential, the contractor shall protect such data from unauthorized use and disclosure and agrees not to use it to compete with such companies or for any purpose other than performance of this contract.

(b) This data may be in various forms, such as documents, raw photographic films, magnetic or digital media, photographic prints, computer system data, or it may be interpretative results derived from analysis, investigative, or study

H.9 GS1376 SOFTWARE LICENSING AGREEMENTS JULY 2001

https://csrc.nist.gov/publications https://csrc.nist.gov/publications https://www.doi.gov/privacy/pia

Solicitation 140G0123Q0050 Age Verification Services Page 24 of 58 effort. Regardless of the form of this data, the contractor agrees that neither it nor any of its employees will disclose to third parties any such data, or derivatives thereof, except as may be required in the performance of this contract. Further, the contractor will not copy any of this data, or derivatives thereof, other than as necessary for the performance of this contract.

(c) The contractor will establish policies and procedures to implement the substance of this clause at the individual employee level which will assure that affected employees are made aware of the contract provision and the contractor's implementing policies and procedures. Particular attention will be given to keeping employees advised of statutes and regulations applicable to the handling of third party confidential or financial data.

(d) This clause does not preclude the contractor and/or its employees from independently acquiring and using data from legitimate sources outside of this contract, or from performing and using independent analysis of data so acquired, provided that the contractor and/or its employees fully document the source of such data, and the independence of any such analysis.

(e) The Contractor shall immediately notify, in writing, the Contracting Officer in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(f) The contractor will insert the substance of this clause in each subcontract hereunder (other than for purchase of supplies or equipment) unless the Contracting Officer has waived this requirement, in writing, as to particular subcontracts or classes of subcontracts.

(g) Any unauthorized disclosure of information may result in termination of this contract for cause.

H.12 AUTHORITY TO OBLIGATE THE GOVERNMENT

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract and/or order or specific authorization from the Contracting Officer.

H.13 CONTRACTOR EMPLOYEES

Contractor personnel shall present a neat appearance and be easily recognized as contractor employees by wearing a

Security Identification Badge at all times while on Government premises. When Contractor personnel attend meetings, answer phones, and work in other situations where their status is not obvious to third parties they must identify themselves as such to avoid creating the impression that they are government employees.

Contractor employees shall comply with all applicable Federal Government and USGS internal regulations procedures during the performance period of this contract, which includes the prohibition of personal use of all government equipment by contractor employees.

Contractor employees shall conduct only such business as covered by this contract during periods paid for by the government. Business not directly related to this contract shall not be conducted on government premises. The contractor employees shall not be diverted to other company business while performing on this contract.

H.14 GREEN ACQUISITION

The USGS is committed to promoting the natural environment and protecting the health and well-being of people. In the performance of work under this contract, the Contractor shall exert its best efforts to provide services in a manner that will promote the natural environment and protect health and well-being. Green purchasing or environmentally preferable contracting includes the initiatives described below:

Solicitation 140G0123Q0050 Age Verification Services Page 25 of 58

• Alternative Fuels and Vehicles are described at http://www.afdc.energy.gov/afdc/

• Biobased Products are described at http://www.biopreferred.gov/

• Energy efficient products are described at http://energystar.gov/products for Energy Star products and at http://www.eere.energy.gov/femp/procurement for FEMP designated products

• Environmentally Preferable Computers are described at http://www.epeat.net

• Non-Ozone Depleting Products are described at http://www.epa.gov/Ozone/snap/index.html

• Recycled Products are described at http://epa.gov/cpg

• Water efficient products are described at http://epa.gov/watersense

H.15 CONFIDENTIAL OR SENSITIVE INFORMATION

The work to be performed could place contractor personnel in situations where information is heard or seen that cannot be released to the public. Everything that is learned as the result of performance of this requirement shall be treated as sensitive in nature and shall not be discussed with anyone. All contractor personnel working under the Purchase Order shall sign a Non-Disclosure Agreement (NDA) statement or confidentiality statement and provide it to the Contracting

Officer at time of award.

H.16 SECURITY REQUIREMENTS: FACILITY ACCESS and INFORMATION TECHNOLOGY (AUG 2016)

(a) All Contractor employees must have an "Enter on Duty" (EOD) approval issued by the

Bureau Personnel Security Office (PSO) before they begin performing work on any Bureau contract. The Contractor must ensure that all employees requesting an EOD are citizens of the

United States of America, or an alien who has been lawfully admitted for permanent residence or employment (indicated by immigration status) as evidenced by Immigration and Naturalization

Service documentation and the employee must have resided in the United States for a minimum of 3 years. The EOD may be issued in advance of a completed Background Investigation and may be rescinded by the PSO at any time. However, all contractors who require network access are required to complete the identity proofing process and must be able to obtain a successfully adjudicated National Criminal History Check (NCHC) and National Agency Check with Inquiries

(NACI) or higher to stay on the contract.

(b) Starting Work - Contractor employees with an approved EOD may begin performing unsupervised work on Bureau contracts. To remain on the contract, the Contractor employees will need a completed favorable Background Investigation.

(c) Rescission of EOD - The PSO may rescind the EOD at any time. This may occur as the result of additional information obtained or the final results of the background investigation.

(d) Background Investigation - Contractor employees who will have unsupervised access to

Bureau facilities, access to the Department of the Interior (DOI) information technology (IT) systems or DOI data, or will develop custom applications, must have a favorably adjudicated background investigation from the Office of Personnel Management (OPM). Existing clearances at the same or higher level are acceptable upon the PSO's review and approval. If the employee does not already have a complete investigation, they must apply for one. The employee may begin work with an EOD but must receive a favorable background investigation to continue working on the contract. The background investigation includes obtaining fingerprints through a

USAccess Credentialing Center for an FBI criminal history and a credit report. Once the investigation has been scheduled by OPM, the Bureau will receive advance reports. If those reports are favorable, the Bureau PSO will issue the EOD. The type of background investigation required is based on the risk/sensitivity level designation. Citizenship requirements and guidance for determining the appropriate type of background investigation required for the designated http://epa.gov/watersense

Solicitation 140G0123Q0050 Age Verification Services Page 26 of 58 risk/sensitivity level are contained in DOI Departmental Manual (DM) Part 441. The DM is available on the Internet at http://elips.doi.gov/app_home/index.cfm?fuseaction=home.

(e) Electronic Questionnaire for Investigations Processing (e-QIP)'s The Bureau uses the e-QIP for all background investigations or reinvestigations. To initiate an investigation, the Contractor, in collaboration with the COR, will complete an e-QIP Request Form. This request form is available through the COR. The COR will submit the completed request form to the Bureau PSO.

The PSO will enter the information into e-QIP to either establish a new applicant profile or determine if an existing investigation that meets Bureau requirements is on file. The PSO will then contact the applicant to provide additional information and instructions. Generally, the

Contractor is required to complete the following forms:

e-QIP application (on-line)

Fair Credit Release

OF-306

Fingerprints via USAccess Credentialing Centers

The Contractor shall complete the required background investigation forms and submit them to the PSO. The PSO shall determine if individuals meet the required background investigation standards and citizenship requirements, and then make a suitability determination. Minimum standards used in suitability determinations are contained in the DOI Departmental Manual Part

441. The Government will pay for any background investigations required for contractor employees. If the Contractor employee's background investigation is returned as unfavorable, the

Government reserves the right to request reimbursement of the actual costs for the investigation from the Contractor.

(f) Reinvestigation - Contractor employees occupying high risk public trust positions must be reinvestigated every 5 years. A reinvestigation may be initiated prior to the normal periodic reinvestigation schedule when an individual's continued ability to meet the minimum background investigation standards is in question. The electronic fingerprints on file in the USAccess system will be electronically submitted to OPM for the reinvestigation. The PSO shall review the records and documentation and make the suitability determination.

(g) Disputes - In the event of a disagreement between the Contractor and the Government concerning the suitability of a particular employee to perform work under this contract, the

Government has the right of final determination. Determinations under this requirement are subject to the Disputes Clause, FAR 52.233-1. Failure of the Contractor to comply with the requirements of this clause could constitute grounds for termination for default.

(h) Physical Security Requirements - DOI Access Cards.

(1) Contractor employees must have a DOI Access Card before being given unsupervised access to a Government facility.

(2) To gain unsupervised access to Government facilities, Contractor employees must present their DOI Access Card for examination by the security guard or electronically authenticate their

DOI Access Card, as required. Contractor employees must keep their DOI Access Card in a shielded card holder, and visually display the card at all times while in the facility.