RFQ 2032H325Q00017 ServiceNow (DRAFT).pdf
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- Attached to
- ServiceNow
- Solicitation number
- 25PRSSPDIR0126
About this file
This is a Request for Quote (RFQ) issued by the Department of the Treasury for ServiceNow platform licenses to support existing and new applications. The RFQ (2032H325Q00017) seeks a Core Bundle of ServiceNow licenses providing unrestricted user access for 145,000 users, including App Engine Enterprise, ITSM Enterprise, Integrated Risk Management Enterprise, Security Operations Enterprise SIR, Security Operations Enterprise BR, Strategic Portfolio Management Professional, HRSD Enterprise, and Employee Document Management capabilities.
The RFQ will result in a 4-year firm-fixed price order under NASA SEWP from December 16, 2024 through December 15, 2028. Quotes are due by 8:00 AM ET on December 6, 2024, with questions due by December 5, 2024. The NAICS code is 334111 with a size standard of 1,250 employees. Award will be made on a Lowest Price Technically Acceptable (LPTA) basis. Small businesses will receive a 5% price evaluation preference when competing against large businesses. The government is seeking deep discounts based on the volume of users. Contractors must submit quotes through NASA SEWP and use the Invoice Processing Platform (IPP) for invoicing.
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SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
SSPDIR CODE 16. ADMINISTERED BYCODE
X
334111
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED OR1-IRS NON-IT (OTPS)
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
12/05/2024 0800 ETACACIA HARRIS
(No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
2032H325Q00017
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 5725PR-SSPDIR-0126OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
WASHINGTON DC 20220
ATTN: 1750 PENNSYLVANIA AVE, NW.,
OFFICE OF THE CIO
1500 PENNSYLVANIA AVENUE, NW
SSPDIR
15. DELIVER TO
Lanham MD 20706 5000 Ellin Road OS:OCPO:BSA:HQ:TOB, Stop C7-430 Office of Procurement Internal Revenue Service
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
1,250
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
IRS NON-IT
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
DATED
KATHLEEN A. GUYTHER
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
X
DRAFT
Request for Quote (RFQ) - 2032H325Q00017
ServiceNow Licenses
Department of the Treasury (Treasury) Associate Chief Information Officer (ACIO)
Enterprise Applications (EA) for
Date: 4 December 2024
Subject: RFQ 2032H325Q00017 – ServiceNow Licenses
To sustain the mission needs of the Department of the Treasury (Treasury), the Associate Chief Information Officer (ACIO) for Enterprise Applications (EA), Treasury has a need for ServiceNow platform licenses to support existing and new applications as described further in the Statement of Work (SOW) provided as part of this RFQ. If you are interested in competing for this effort, you and/or your team may participate by submitting your quote in accordance with the procedures in this RFQ.
Time is of the essence in making an award for this requirement. Any impediment to executing the award or thereafter may result in the cancellation of this requirement.
SECTION I – SCHEDULE
The Contractor shall provide licenses in accordance with the Statement of Work (SOW) and shall be subject to the following terms and conditions. All deliverables and other documentation under this order, as required by the SOW shall be provided by the Contractor at no additional cost to the Government.
The Government expects a resulting award to be a Firm-Fixed price (FFP) order. Additionally, the resulting Order will also be in accordance with the terms and conditions from the Offeror’s Solutions for Enterprise-Wide Procurement (NASA SEWP) contract.
1. Pricing Schedule
*Qty represents months
2. Cancellation Ceiling: $0
(End of section)
Description Qty Each TOTAL ServiceNow Licenses - Core Bundle Unrestricted User Access for 145,000 users and All Capabilities Entitled with Application Package Listed.
1. App Engine Enterprise
2. ITSM Enterprise
3. Integrated Risk Management Enterprise
4. Security Operations Enterprise SIR
5. Security Operations Enterprise BR
6. Strategic Portfolio Management Professional
7. HRSD Enterprise
8. Employee Document Management
48 $ $
SECTION II - OVERVIEW
1. Introduction The Department of Treasury intends to establish a single Delivery Order contract under the Offeror’s NASA SEWP contract. The North American Industry Classification Code System (NAICS) code is 334111, Electronic Computer Manufacturing. The small business size standard is 1,250 number of employees.
2. Orders Subject to Terms and Conditions under NASA SEWP Catalogue
The resulting Delivery Order is subject to the terms and conditions of the Offeror’s NASA SEWP Catalogue.
The pricing, terms, and conditions set forth in the resulting Order are not superseded by the terms and conditions of the applicable NASA SEWP contract. Unless otherwise mutually agreed to in writing by the Government and the Contractor, the terms and conditions of the applicable NASA SEWP contract will remain in effect. The Contractor shall not change, condition, or deviate from the NASA SEWP terms and conditions, or cause such to occur by virtue of not strictly complying with the terms and conditions of the resultant Delivery Order.
3. Authority
Pursuant to FAR 16.505, a single award FFP Delivery Order will be awarded as result of this Request for Quote (RFQ).
4. Period of Performance The period of performance for the resulting order is four (4) years.
The period of performance is December 16, 2024 - December 15, 2028.
The order will not include options as this will be a multi-year contract.
As defined at FAR 17.103, “Multi-year contract” means a contract for the purchase of supplies or services for more than 1, but not more than 5, program years. A multi-year contract may provide that performance under the contract during the second and subsequent years of the contract is contingent upon the appropriation of funds, and (if it does so provide) may provide for a cancellation payment to be made to the contractor if appropriations are not made. The key distinguishing difference between multi-year contracts and multiple year contracts is that multi-year contracts, defined in the statutes cited at 17.101, buy more than 1 year’s requirement (of a product or service) without establishing and having to exercise an option for each program year after the first.
5. Place of Performance The primary place of performance shall be the Offeror’s workplace, as this Order primarily provides software licenses.
6. Travel Contractor travel is not anticipated for this Order. Any travel must be pre-approved by the Contracting Officer Representative (COR). All travel shall be in accordance with the Federal Travel Regulations and FAR 31.205-46.
SECTION III – STATEMENT OF WORK
See Attachment 1 – Statement of Work (SOW) _ServiceNow
SECTION IV – GENERAL AND ADMINISTRATIVE INFORMATION
1. Contracting Officer (CO)
(a) The CO is Kathleen A. Guyther, kathleen.a.guyther@irs.gov
(b) In accordance with FAR 1.602, the CO has the authority to enter into, administer, or terminate contracts.
(c) The CO is responsible for ensuring performance of all necessary actions for effective contracting, ensuring compliance with the terms of the contract, and safeguarding the interests of the United States in its contractual relationships.
(d) Only a warranted Contracting Officer is authorized to change the specifications, price, terms, or conditions of this contract. No payments will be made for any unauthorized supplies or services or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the request of an individual other than a warranted Contracting Officer.
(e) Requests for changes to the contract must be emailed to the CO.
2. DTAR 1052.201-70 Contracting Officer’s Representative (COR) Appointment and Authority (Apr 2015)
(a) The COR is TBD
(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:
(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;
(2) Constitutes a change as defined in the clause entitled “Changes”;
(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;
(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or
(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.
(d) Technical direction may be oral or in writing. The COR must confirm oral direction in mailto:kathleen.a.guyther@irs.gov writing within five workdays, with a copy to the Contracting Officer.
(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.
3. Invoicing Notification and Support Documentation
The Contractor shall invoice in accordance with the Pricing Schedule agreed upon in the respective awarded order. The Contractor shall submit payment requests and receiving reports using Invoice Processing Platform (IPP) Invoicing, Receipt, and Acceptance application which is a secure Government web-based system for electronic invoicing, receipt, and acceptance. The Contractor shall include supporting documentation (e.g., delivery receipts, time sheets, & material/travel costs, etc.) to the invoice in IPP. When requested by the COR, the Contractor shall directly provide a soft copy of the invoice and any supporting invoice documentation directly to the COR within 24 hours of request to assist in validating the invoiced amount against the products/services provided during the billing cycle. See section entitled “Electronic Invoicing and Payment Requirements For IPP” below.
4. Post Award Evaluation of Contractor Performance (Jun 2020)
Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 42.15. The Assessing Official (e.g., Contracting Officer) will prepare a final performance evaluation at the time the work on the contract is completed. In addition to the final evaluation, interim evaluations will be prepared annually to coincide with the anniversary date of the contract.
The past performance evaluation process is a paperless process using the Contractor Performance Assessment Reporting System (CPARS). CPARS is a web-based system that allows for electronic processing of the performance evaluation report. The completed evaluation was previously available in the Past Performance Information Retrieval System (PPIRS), but since the General Services Administration officially retired PPIRS and merged it with CPARS, it created “a single system” that “provides one location and one account to perform functions such as creating and editing performance and integrity records, changes to administering users, running reports, generating performance records, and viewing/managing performance records.
Once the Contractor is registered in CPARS, they will receive an automatically- generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov/ The CPARS User Manual, registration for Online Training for Contractors, and a practice application may be found at this site as well.
Interim and final evaluations will be provided to the Contractor for their review and comment as soon as practicable after completion of the evaluation. Evaluations of contractor past https://www.acquisition.gov/far/part-42#FAR_Subpart_42_15 performance will be posted to the relevant past performance database no more than 14 days after the information is provided to the contractor. On day 15, whether the contractor has responded or not, the evaluation automatically posts to PPIRS. If the Contractor elects not to provide comments, they should acknowledge receipt of the evaluation by indicating "No comment" and then sign and date the form. If the Contractor does not sign and submit the form within 14 days, it will automatically be returned to the Government.
Contractors who disagree with a government evaluation can request to meet with the Contracting Officer to discuss their scores and provide feedback or justification for their performance. No requirement exists for the government to meet with the contractor; however, if a contractor requests a meeting, the government may accept the request.
Any such meeting does not alter the requirement that an evaluation be posted to PPIRS within 14 days.
Several avenues still exist for the contractor to influence the review. First, the contractor may submit a comment after the 14-day period expires and the review has been posted to PPIRS. The contractor’s late comments must be posted to PPIRS; however, the government’s original report will still be available to all source selection officials.
Although authorized, an agency is not required to modify its evaluation based upon a contractor’s comments. Second, the contractor may appeal its review one level above the Contracting Officer to the Reviewing Official. Again, the appeal does not stop the 14- day reporting period and the original evaluation will be posted on PPIRS.
The following guidelines apply concerning the Contractor's use of the past performance evaluation:
1. Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form through CPARS. If for some reason the Contractor is unable to view and/or submit the form through CPARS, contact the Contracting Officer for further instructions.
2. Strictly control access to the evaluation within the Contractor's organization. Ensure the evaluation is never released to persons or entities outside of the Contractor's control.
3. Prohibit the use of or reference to evaluation data for advertising, promotional material, pre- award surveys, responsibility determinations, production readiness reviews, or other similar purposes.
4. A copy of the completed past performance evaluation will be available in CPARS for the Contractor's review and for Government use supporting source selection actions after it has been finalized.
5. Electronic Invoicing and Payment Requirements For The Invoice Processing Platform (IPP) (JUL 2019)
(a) Definitions:
"Short payment" as used in this clause means the partial payment of an invoice for goods/services actually rendered at the time of payment when the invoice includes additional goods/services that have not yet been provided/rendered.
"Short payment" example: The contract requires the delivery of a set number of items, with the price, delivery location, and delivery due date also specified. The vendor delivers 50% of the items as specified but invoices for 100% of the items. Before implementation of the IPP, the IRS would have paid the vendor for the items delivered and instructed the vendor to re-invoice the IRS when the balances of the items were delivered. In other words, the IRS would "short pay" the invoice since the IRS did not remit payment for the full invoice amount. With implementation of the IPP, the IRS can no longer do this because the IRS cannot accept an electronic invoice that includes items not yet received. The IRS will reject the invoice. The vendor needs to submit an invoice for only the items received by the IRS (in this case, 50%), and, if these items meet all other contract terms and conditions, the IRS will pay the invoiced amount. The vendor submits subsequent invoice(s) for items as they are delivered and accepted.
(b) The Invoice Processing Platform (IPP) is a secure Web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. Effective October 1, 2012, invoicing for payment through the IPP will be mandatory for all new contract awards. Additional information regarding the IPP may be found at the IPP website address https://www.ipp.gov. Contractors must complete the contractor point of contact information below and submit it with their proposal submissions. Contractors may contact the IPP Helpdesk for assistance via e-mail at ippgroup@stls.frb.org or via phone at (866) 973-3131. Once a contract award has been made, the contractor will be contacted by the IPP via e-mail to set-up an account. It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active.
(c) Contractor Point of Contact Information
Contractor Name: ______________________________________________________
Contractor IPP Point of Contact Name: __________________________________________
Contractor Phone Number: ___________________________________________________
Contractor E-mail Address: ___________________________________________________
(d) Electronic Invoicing and Payment Requirements
Vendor invoices submitted electronically through the IPP should be in the proper format and contain the information required for payment processing. To be approved for payment, a "proper invoice" must list the items specified in FAR 52.232-25 (a)(3)(i) through (a)(3)(x), or in the case of a Commercial Item Contract, the items included in 52.212-4(g)(1)(i) through (g)(1)(x).
If the vendor is offering a discount via the IPP, the discount must be reflected on the invoice.
The vendor will select 'Create Invoice'. The IPP system will default to 'Net 30 Prompt Pay' under the Payment Terms dropdown box. The vendor will select from 54 different discount options for the invoice that is being created. If the vendor chooses to offer a discount on the invoice screen, the information will interface to the payment system for processing.
Discounts that are offered on attachments rather than the invoice itself cannot be accepted.
Under this contract, the following documents are required to be submitted as an attachment to the invoice. Please do not submit into IPP any documentation/attachments that conflict with what is stated on the invoice:
-Monthly Status Report
Payment and Invoice Questions
For payment and invoice questions, contact the Ancillary Systems at (304) 254-3372 or via e-mail at cfo.fm.ipp.customer.support@irs.gov.
(e) Waiver
If the Contractor is unable to use the IPP for submitting payment requests starting on October 1, 2012, then a waiver form must be completed and submitted with the contractor's proposal submission for review and approval by the Contracting Officer based on one of the conditions listed in the waiver. The vendor will be notified prior to award as to whether their request for waiver has been approved or denied. If the waiver is granted, then a copy of the waiver must be submitted with each paper invoice that the vendor submits to the payment office or the invoice will be returned.
(f) Short Payment
Short payment on vendor submitted invoices will no longer be processed or paid. If any portion of the invoice does not meet the requirements for a proper invoice, the entire invoice shall be rejected and returned to the vendor unpaid.
IRS Invoice Processing Platform (IPP) Waiver Form
The IRS invoicing and payment requirements requires that all invoices under awards made (or effective) on or after October 1, 2012, be submitted electronically via the IPP unless a waiver is requested and granted. If the Contractor is unable to submit its invoice through the IPP, the Contractor shall complete this waiver form indicating the reason for the waiver request by selecting the appropriate box below and providing a narrative summarizing in detail the circumstances requiring a waiver. For a solicitation, submit the waiver form with the proposal submission. For a modification that incorporates the IPP clause into an existing contract, submit the waiver form with the modification. The CO will notify the vendor via e-mail or another appropriate means of communication prior to award as to whether their waiver has been approved or denied. If the waiver is granted, then a copy of the approved waiver must be submitted with each invoice that the vendor submits to the payment office or the invoice will be returned.
Reason for requesting a waiver of the requirement to submit an electronic invoice via the
IPP:
[ ] 1. Submission of invoices through IPP would impose a hardship on an individual (includes employees and sole proprietors) due to: either a physical or mental disability; a geographic, language, or literacy barrier; or an undue financial burden. The requirement to submit invoices through the IPP is automatically waived for all individuals who do not have payment capability using ACH with a U.S. financial institution.
[ ] 2. The political, financial or communications infrastructure where the place of business is located does not support access to the IPP for submitting invoices electronically.
[ ] 3. The contractor is located within an area designated by the President of the United States or an authorized agency administration as a disaster area. (Please identify area/location.)
[ ] 4. The submission of invoices electronically may pose a threat to national security, the life or physical safety of an individual may be endangered, or a law enforcement action may be compromised.
[ ] 5. The agency does not expect to receive more than one invoice from the same contractor within a one-year period. i.e., the invoice submission is non-recurring.
[ ] 6. The contractor customarily submits a high volume of invoices on a regular basis via file format, not currently supported by the IPP (i.e., uses a file format other than XML or CSV) and the high volume of invoices would cause a significant burden to the contractor if submitted through the IPP individually. If utilizing this exception, please identify the file formats supported by your invoicing system so that the IPP may consider implementing the requested file format at a later date. File format(s) used: ___________
[ ] 7. Other - Please explain:
Attach a separate sheet of paper with a summary narrative substantiating the circumstances for the waiver exception selected from above (1 through 7).
Waiver Submitted By:
Contractor Name Name of Person Submitting Request for Waiver Title Signature of Person Submitting Request for Waiver
E-mail Address Phone No.
Contract/Order No. Date Submitted Waiver Approved By:
Contracting Officer's Name Printed
Contracting Officer's Signature Date
6. Internet Protocol version 6 (IPv6) requirements.
This contract involves the acquisition of IT that uses Internet Protocol (IP) technology (see NIST USGv6 Program and NIST 500 281 for additional guidance on IPv6 requirements). The Contractor agrees that:
(1) any system hardware, software, firmware, networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall comply with IPv6 standard and interoperate with both IPv6 and IPv4 systems and products; and (2) it has IPv6 technical support for development and implementation and fielded product management available. If the Contractor plans to offer a deliverable that involves IT that is not initially compliant, the Contractor shall: (1) obtain the Contracting Officer’s approval before starting work on the deliverable; (2) provide a migration path and firm commitment to upgrade to IPv6 for all application and product features; and (3) have IPv6 technical support for development and implementation and fielded product management available.
Should the Contractor discover or is made aware of during the performance of this contract that a product or service developed, procured, or acquired in support and/or performance of this contract does not conform to the IPv6 standard, it must immediately notify the Contracting Officer’s Representative and Contracting Officer of such nonconformance and act in accordance with instructions of the Contracting Officer. The Contractor agrees to bring into compliance (e.g., upgrade, modification, replacement) the nonconforming product at no cost to the Government. DRAFT
SECTION V – CLAUSES
FAR 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):
FAR: www.acquisition.gov DTAR: www.acquisition.gov/dtar
(End of clause)
The following FAR and DTAR clauses are incorporated by reference:
NUMBER TITLE DATE
52.202-1 Definitions Jun 2020 52.203-3 Gratuities Apr 1984
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions Sep 2024
52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun 2020
52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014
52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.227-1 Authorization and Consent Jun 2020
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement Jun 2020
52.227-19 Commercial Computer Software License Dec 2007 52.229-3 Federal, State, and Local Taxes Feb 2013 52.243-1 Changes—Fixed-Price, Alternate II (Apr 1984) Aug 1987 1052.210-70 Contractor Publicity Apr 2015 1052.222-70 Minority and Women Inclusion Jan 2016 1052.232-7003 Electronic Submission of Payment Requests Apr 2015
FAR 52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)
(a) "Cancellation," as used in this clause, means that the Government is canceling its requirements for all supplies or services in program years subsequent to that in which notice of cancellation is provided. Cancellation shall occur by the date or within the time period specified in the Schedule, unless a later date is agreed to, if the Contracting Officer-
(1) Notifies the Contractor that funds are not available for contract performance for any subsequent program year; or
(2) Fails to notify the Contractor that funds are available for performance of the succeeding program year requirement.
(b) Except for cancellation under this clause or termination under the Default clause, any reduction by the Contracting Officer in the requirements of this contract shall be considered a termination under the Termination for Convenience of the Government clause.
(c) If cancellation under this clause occurs, the Contractor will be paid a cancellation charge not over the cancellation ceiling specified in the Schedule as applicable at the time of cancellation.
(d) The cancellation charge will cover only-
(1) Costs-
(i) Incurred by the Contractor and/or subcontractor;
(ii) Reasonably necessary for performance of the contract; and
(iii) That would have been equitably amortized over the entire multi-year contract period but, because of the cancellation, are not so amortized; and
(2) A reasonable profit or fee on the costs.
(e) The cancellation charge shall be computed and the claim made for it as if the claim were being made under the Termination for Convenience of the Government clause of this contract.
The Contractor shall submit the claim promptly but no later than 1 year from the date-
(1) Of notification of the nonavailability of funds; or
(2) Specified in the Schedule by which notification of the availability of additional funds for the next succeeding program year is required to be issued, whichever is earlier, unless extensions in writing are granted by the Contracting Officer.
(f) The Contractor’s claim may include-
(1) Reasonable nonrecurring costs (see subpart 15.4 of the Federal Acquisition Regulation) which are applicable to and normally would have been amortized in all supplies or services which are multi-year requirements;
(2) Allocable portions of the costs of facilities acquired or established for the conduct of the work, to the extent that it is impracticable for the Contractor to use the facilities in its commercial work, and if the costs are not charged to the contract through overhead or otherwise depreciated;
(3) Costs incurred for the assembly, training, and transportation to and from the job site of a specialized work force; and https://www.acquisition.gov/far/subpart-15.4#FAR_Subpart_15_4
(4) Costs not amortized solely because the cancellation had precluded anticipated benefits of Contractor or subcontractor learning.
(g) The claim shall not include-
(1) Labor, material, or other expenses incurred by the Contractor or subcontractors for performance of the canceled work;
(2) Any cost already paid to the Contractor;
(3) Anticipated profit or unearned fee on the canceled work; or
(4) For service contracts, the remaining useful commercial life of facilities. "Useful commercial life" means the commercial utility of the facilities rather than their physical life with due consideration given to such factors as location of facilities, their specialized nature, and obsolescence.
(h) This contract may include an Option clause with the period for exercising the option limited to the date in the contract for notification that funds are available for the next succeeding program year. If so, the Contractor agrees not to include in option quantities any costs of a startup or nonrecurring nature that have been fully set forth in the contract. The Contractor further agrees that the option quantities will reflect only those recurring costs and a reasonable profit or fee necessary to furnish the additional option quantities.
(i) Quantities added to the original contract through the Option clause of this contract shall be included in the quantity canceled for the purpose of computing allowable cancellation charges.
(End of clause)
DTAP 1052.224-70 CONTRACT PUBLICATION (OCT 2018)
(a) The Department of the Treasury (Treasury) may, at its sole discretion, publish this contract or portions thereof, including orders issued under the contract when deemed in the best interest of the Government.
(b) To afford the Contractor an opportunity to review and propose redactions for any information contained in the Treasury contract that may be subject to a FOIA exemption, the Contractor may submit, within ten business (10) days from the date of award of this contract or any order issued under the contract—
(1) A pdf file of the fully executed contract or order that is suitable for publication and which includes all Contractor proposed redactions (e.g, trade secrets or any commercial or financial information that the Contractor believes to be privileged or confidential business information) and.
(2) A written statement identifying the portions of each proposed redactions, including the applicable exemption under the Freedom of Information Act (FOIA), 5 U.S.C. 552, and, in the case of FOIA Exemption 4, 5 U.S.C. 552(b)(4), shall demonstrate why the information is considered to be a trade secret or commercial or financial information that is privileged or confidential.
(c) Treasury will consider the Contractor’s proposed redactions and associated grounds for nondisclosure prior to making a determination as to what information may be properly withheld for purposes of publishing this contract or portions thereof.
(d) The Contractor may submit a request to the CO for additional time to complete the action prescribed by paragraph (b) of this clause. The lack of action by the Contractor will be deemed by the Government as there being no information in the Treasury contract subject to a FOIA exemption.
(e) Information provided by the Contractor in response to this clause may itself be subject to disclosure under the FOIA.
(End of Clause)
DTAP 1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS
(DEVIATION 00002) (APR 2018)
(a) Definition. As used in this clause-
"Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR
2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-
(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;
(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.
(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(1) Any such language, provision, or clause is unenforceable against the Government.
(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(3) Any such language, provision, or clause is deemed to be stricken from the CSA.
(c) Paragraph (b) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(End of Clause)
DTAP 1052.242-70 POST-AWARD CONFERENCE ALTERNATE I (JAN 2017)
(a) A post-award conference will be held with the successful Offeror.
(b) The postaward conference will be held via video conferencing. The Contracting Officer or authorized designee will provide the Contractor with the date and time along with other pertinent information, including the agenda for the postaward conference.
SECTION 508 INFORMATION, DOCUMENTATION AND SUPPORT (DEC 2019)
In accordance with 36 CFR, Appendix C to Part 1194, the information and communication technology (ICT) products and product support services documentation furnished in performance of this contract shall be provided at no additional cost. The contractor shall provide information, documentation, and support relative to the supplies and services as described in the statement of work, performance work statement or statement of objectives (select one).
The following technical standards and provisions have been determined to be applicable to this contract:
_X__ Chapter 6: Support Documentation and Services
_X__ 601 General _X__ 601.1 _X__ 602 Support Documentation _X__ 602.1 _X__ 602.2 _X__ 602.3 _X__ 602.4 _X__ 603 Support Services _X__ 603.1 _X__ 603.2 _X__ 603.3 https://www.section508.gov/
SECTION 508 CONFORMANCE (APR 2024)
Each information and communication technology (ICT) product and/or product related service delivered under the terms of this contract, at a minimum, shall conform to the applicable accessibility standards at 36 CFR, Appendix C to Part 1194 at the level of conformance as specified in the Attachment entitled, “(Please state where attachment may be found and name of attachment for example, Section J., Voluntary Product Accessibility Template (name of product)(VPAT)).”
The following technical standards have been determined to be applicable to this contract:
_X__ Chapter 5: Software
_X__ 501 General _X__ 501.1 _X__ 502 Interoperability with Assistive Technology _X__ 502.1 _X__ 502.2 _X__ 502.3 _X__ 502.4(A-G) _X__ 503 Applications _X__ 503.1 _X__ 503.2 _X__ 503.3 _X__ 503.4 _X__ 504 Authoring Tools _X__ 504.1 _X__ 504.2 _X__ 504.3 _X__ 504.4
_X__ Chapter 7: Referenced Standards _X__ 701 General _X__ 701.1 _X__ 702 Incorporation by Reference
_X__ 702.1 ___ 702.2 _X__ 702.3 _X__ 702.4 ___ 702.5 ___ 702.6 ___ 702.7 ___ 702.8 ___ 702.9 _X__ 702.10
The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the ICT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.
The following functional performance criteria (36 CFR Chapter 3) apply to this contract.
_X__ Chapter 3: Functional Performance Criteria _X__ 301 General _X__ 301.1
_X__ 302 Functional Performance Criteria _X__ 302.1 _X__ 302.2 _X__ 302.3 _X__ 302.4 _X__ 302.5 _X__ 302.6 _X__
302.7 _X__ 302.8 _X__ 302.9
SECTION 508 SERVICES (APR 2024)
All contracts, solicitations, purchase orders, delivery orders and interagency agreements that contain a requirement of services which will result in the delivery of a new or updated information and communication technology (ICT) item/product must conform to the applicable provisions of the appropriate technical standards in 36 CFR, Appendix C to Part 1194, and functional performance criteria in 36 CFR Chapter 3, unless an agency exception to this requirement exists at E202 General Exceptions.
The following technical standards and provisions have been determined to be applicable to this contract:
_X__ Chapter 5: Software
_X__ 501 General _X__ 501.1 _X__ 502 Interoperability with Assistive Technology _X__ 502.1 _X__ 502.2 _X__ 502.3 _X__ 502.4(A-G) _X__ 503 Applications _X__ 503.1 _X__ 503.2 _X__ 503.3 _X__ 503.4 _X__ 504 Authoring Tools _X__ 504.1 _X__ 504.2 _X__ 504.3 _X__ 504.4
_X__ Chapter 7: Referenced Standards _X__ 701 General _X__ 701.1 _X__ 702 Incorporation by Reference
_X__ 702.1 ___ 702.2 _X__ 702.3 _X__ 702.4 ___ 702.5 ___ 702.6 ___ 702.7 ___ 702.8 ___ 702.9 _X__ 702.10
The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the ICT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.
The following functional performance criteria (36 CFR Chapter 3) apply to this contract.
_X__ Chapter 3: Functional Performance Criteria _X__ 301 General _X__ 301.1
_X__ 302 Functional Performance Criteria _X__ 302.1 _X__ 302.2 _X__ 302.3 _X__ 302.4 _X__ 302.5 _X__ 302.6 _X__
302.7 _X__ 302.8 _X__ 302.9 https://www.access-board.gov/ict/
SECTION VI – LIST OF ATTACHMENTS
Attachment 1 – Statement of Work (SOW) _ServiceNow
Attachment 2 – Price Table
SECTION VII – PROVISIONS
FAR 52.252-1 - SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
(FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The Offeror is cautioned that the listed provisions may include blocks that must be completed by the Offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the Offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
FAR: www.acquisition.gov DTAR: www.acquisition.gov/dtar
(End of provision)
The following FAR provisions are incorporated by reference:
NUMBER TITLE DATE
52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements—Representation
Jan 2017
52.204-7 System for Award Management Oct 2018 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 52.204-26 Covered Telecommunications Equipment or Services -
Representation Oct 2020
52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals - Representation
Dec 2016
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that—
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory—
(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or
(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above
[insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization];
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above.
(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of Provision)
FAR 52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT
2014)
(a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
(b) Representation. [Complete only if the Offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The Offeror represents that it □ is a women-owned business concern.
(End of Provision)
FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)
(a) Definitions. As used in this provision—
Commercial and Government Entity (CAGE) code means—
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
(b) The Offeror represents that it [_] has or [_] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code:
Immediate owner legal name:
(Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity?: [_] Yes or [_] No.
(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
Highest-level owner legal name:
(Do not use a “doing business as” name)
(End of Provision)
FAR 52.204-24 REPRESENTATION REGARDING CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services - Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to -
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to -
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as…
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