RFQ 88310323Q00164 Facilitation Services.docx

RFQ 88310323Q00164 – Facilitation Services at the National Archives and Records Administration

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is 88310323Q00164 and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-04 effective June 2, 2023. This is a full and open RFQ under NAICS code 541618, Other Management Consulting Services. CONTRACT LINE ITEM NUMBER(S): See Attachment 1, Schedule of Prices. REQUIREMENT: The National Archives and Records Administration (NARA) has a requirement to obtain Facilitation Services. See Attachment 2, Performance Work Statement. PERIOD OF PERFORMANCE: The period of performance will consist of six (6) months. The following Federal Acquisition Regulation (FAR) clauses are incorporated and are to remain in full force in any resultant contract. FAR provisions will be removed prior to award. FAR provision 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services. (Mar 2023). Addenda: (1) Change paragraph (c) to read: Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers. (2) Delete paragraph (h), Multiple Awards. - see below for additional quotation submission instructions. EVALUATION (In lieu of FAR provision 52.212-2): Evaluation and award will be in accordance with Simplified Acquisition Procedures at FAR 13.106, Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation authorized by FAR Subpart 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services as prescribed by FAR 12.301(c)(2). Selection of the Contractor for this award will be based on NARA's assessment of the best overall value to the Government. Accordingly, best value will be evaluated based on the following evaluation factors: (1) Technical Understanding and Capability (Volume I). The Government will assess the Contractor’s demonstrated technical knowledge and competence with regard to the Government’s requirements and program objectives; understanding of and approach to the work that the Contractor would have to perform in accordance with Attachment 2, Performance Work Statement. The Government will assess whether the Contractor exhibits adequate techniques and approaches to meet the Award needs and provide effective and efficient support. (2) Management and Quality Control (Volume I). The Government will assess the suitability of the Contractor’s management and personnel who will work with the Government project manager as well as the management of challenges and risks, such as staffing (i.e. qualifications, clearances (if applicable), experience, recruitment and retention). The Government will also assess whether the Contractor exhibits adequate management capability and effective quality control procedures to accomplish the overall objectives of this Award. (3) Relevant Past Performance (Volume II). The Contractor will be evaluated to assess the demonstrated quality of performance on similar work, to include the ability to control the quality and cost of work, timeliness of performance, and effectiveness at accomplishing the goals of previous relevant work. Contractors are requested to submit no more than three (3) references for relevant past performance performed during the past five (5) years. Submission should include the entity name, a point of contact, contact information, dollar value of contract/order, brief description of work performed. If the interested Contractor has no relevant past performance, an affirmative statement that no relevant past performance exists must be submitted. (4) Price (Volume III). The Contractor must submit a pricing according to the schedule of prices. All evaluation factors other than cost or price, when combined, are more important than cost or price. Exceptions taken to any terms and conditions stated in the RFQ must be clearly outlined on a separate page of the Contractor’s quotation entitled “Exceptions”. The Contractor must also include a justification and the cost impact of each exception noted. The Government reserves the right to make an award on the initial quotation without communicating with contractors. For evaluation purposes, the evaluated total contract price will be determined by summing the total prices of all performance years (base year and all option years). FAR provision 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. (Dec 2022) - The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. FAR clause 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services. (Dec 2022) – see Attachment 6, Additional NARA Terms and Conditions (Addenda to FAR clause 52.212-4). FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (Jun 2023) - see Attachment 7, FAR Clauses for the full text of this clause and for additional applicable FAR clauses. FAR provision 52.217-5, Evaluation of Options (Jul 1990). The Contractor is required to be registered in the System for Award Management (SAM) and maintain registration until final payment in accordance with FAR provision 52.204-7, System for Award Management (Oct 2018). Full text provisions and clauses can be found at http://www.acquisition.gov. QUESTIONS: Questions regarding this RFQ must be submitted in writing to at ana.camacho@nara.gov no later than 3:00 PM ET on September 14, 2023 to be considered. Questions submitted in any other manner will not be answered. Contractors are requested to group and submit questions in the same order found in the RFQ while making reference to the particular paragraph number. The Government will answer questions or requests for clarification via a written RFQ amendment. QUOTATION DUE DATE: Quotations must be received by 12:00 PM ET on September 20, 2023. Failure to submit quotations by the due date and time may result in rejection of the quotation as untimely. Contractors submitting via e-mail are cautioned to allow one extra business day for delivery and confirm receipt of quotation as the e-mail will need to pass through IT security. QUOTATION SUBMISSION INSTRUCTIONS: NARA requests that contractors email one (1) copy of the quotation (Volumes I, II and III, IV) to: ana.camach@nara.gov. The quotations must not exceed 20 pages to include Volumes I, II, and III.

ATTACHMENT 1

SCHEDULE OF PRICES

1.0 DESCRIPTION OF SERVICES

The purpose of this solicitation is to acquire Facilitation services for the National Archives and Records Administration (NARA).

3.0 SCHEDULE OF PRICES

(a) In accordance with this Award, the Contractor must provide all services described herein (except as specified to be furnished by the Government in the PWS), and must plan, schedule, coordinate, and assure effective performance.

(b) Embedded Table. The Contractor must identify the appropriate labor category and the applicable “Fully Burdened Fixed Price Hourly Rate” that will be used to provide Facilitation services. The Contractor may add labor categories to the table as necessary. Deliverables are not separately priced. Rates should include the costs of deliverables.

5.0 CONTRACT LINE ITEMS

Period of Performance: 6 months

Labor Category Firm Fixed Hourly Rate

Number of Hours

Total :

*Add additional lines if necessary.

ATTACHMENT 2

PERFORMANCE WORK STATEMENT

FOR

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

FACILITATION SERVICES

1.0 BACKGROUND:

4.2 Participation in the Project Kickoff Meeting. The contractor shall participate in a kickoff meeting with the COR within 3-5 business days after award. The meeting will be scheduled by the COR and will serve as a mechanism to clarify project expectations, roles/responsibilities, and to answer outstanding questions from the contractor. The meeting may be held remotely, on-site at NARA’s Washington, DC area or other locations at the COR’s discretion.

4.3 Project Plan. The Contractor shall provide a Project Plan that includes details on the project scope, objective, team roles/responsibilities, deliverables, timeline, methods for communication and other information detailing its approach to the project.

4.4 Project Status Meetings. The Contractor shall facilitate all meetings, to include, prepare meeting agenda, lead discussion, take notes, etc.), Meeting minutes may include a complete record of any questions that arise and may need to be answered by or in collaboration with NARA staff, scholarly advisors, and stakeholders. Additionally, coordinate the following logistics:

4.5 Status Reports. The Contractor shall provide status reports detailing:

4.6 Final Report. Contractor final report shall include recommendations for NARA that address the following:

4.6.1 Description of what the Rotunda of the National Archives Building should represent to NARA as an agency and to the Nation as home to its Founding Documents.

4.6.2 Content recommendations that provide the most complete understanding of the Founding Documents of the U.S. in the context of the semiquincentennial anniversary and beyond.

4.6.3 Recommendation of what key exhibit content would appeal to and enlighten the broadest demographic of visitors

4.6.4 Recommendations to ensure appropriate tone and historical accuracy

4.6.5 Action log that summarizes the recommendations and/or suggestions.

5.0 DELIVERABLES

5.1 The Vendor shall furnish the deliverables as required below.

5.2 NARA will have 10 business days to complete the review and approval of deliverables. If deficiencies are found or areas require modification, the contractor will be notified by the Contracting Officer Representative (COR)] and shall have 10 business days to correct the deficiencies.

5.3 All deliverables shall become the property of NARA.

5.4 Deliverables Table:

ATTACHMENT 3

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1.0 INTRODUCTION:

This Quality Assurance Surveillance Plan (QASP) has been developed to provide the Quality Assurance Evaluator / Contracting Officer’s Representative (COR) and other Government evaluators a summary of the key performance standards required in the Award, performance levels, and method of surveillance normally used for that performance standard. These are listed in Attachment 4, Performance Requirements Summary (PRS).

The QASP describes a systematic method to evaluate receipt by the Government of acceptable services the Contractor is required to furnish. The Contractor is required to provide satisfactory performance in all areas of the Award. Before invoices can be paid, a determination by the COR must first be made that satisfactory services have been received.

Any non-conformance with Award requirements is a “defect”. A defect may be recorded for each item evaluated that failed to meet the standards as required by the subject Performance Work Statement (PWS) paragraph(s). Examples of defects that will be recorded include, but are not limited to:

Quality Assurance is based on the premise that the Contractor, and not the Government, is responsible for management and quality control actions to meet the terms of the Award. The Government will follow the guidance in FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Service when performance is other than satisfactory.

Good management and use of an adequate quality control (QC) plan will allow the Contractor to operate within specified performance requirements. The COR and Government evaluators shall be objective, fair, and consistent in evaluating Contractor performance against Award requirements and standards. The main emphasis is on quality performance.

2.0 ACTUAL SURVEILLANCE:

Actual surveillance will be performed on a periodic basis, 100% surveillance, or as otherwise specified in the PRS in conjunction with the PWS.

If satisfactory performance is not achieved, the COR will determine the possible cause of the less than satisfactory performance. The COR will initiate a Contract Discrepancy Report (CDR) for all defects that could not be re-performed and for all defects not corrected by the Contractor in a timely or satisfactory manner when requested by the Government. The COR will submit the CDR documentation recording the less than satisfactory performance and stating a recommended action to the Contracting Officer (CO) including any proposed Award deductions.

3.0 SURVEILLANCE METHODS:

Services shall have the results of the surveillance documented. The surveillance methods the Government will use to evaluate the Contractor’s performance for the listed tasks are specified in the PRS. Customer complaints may be used in conjunction with the above surveillance methods as an indicator of performance or as areas to emphasize further for future surveillance.

4.0 INFORM CONTRACTOR:

a. Regardless of the surveillance method, the Contractor should be kept informed of performance status. The COR will notify the Contractor of any defect(s) to be corrected. The time to re-perform and correct defects after notification will vary depending on the type of defect, the item being inspected, the level of the item (i.e., routine, urgent, or emergency), etc. The COR will inspect re-performed or corrected discrepancies. If corrected properly and timely, the defect(s) will not result in a payment deduction. However, the COR will maintain all documentation for file maintenance and turn this information over to the CO upon completion of the Award. Performance issues should also be an item of discussion during A status meetings.

b. CDRs should be used to officially notify the Contractor of a performance problem. CDR use includes notifying the Contractor of:

c. Critical performance problems should be immediately communicated with a follow-up written CDR. The COR will complete the CDR and forward it to the CO for review and approval. The COR will sign and forward the CDR to the Contractor for the Contractor’s response and comments. The Contractor will have seven (7) calendar days (or such lesser time that the COR stipulates) to complete a response. After evaluating the Contractor’s response, the COR will forward the CO any CDR requiring further action (contract interpretation, problem resolution, reduced payments, deficiency letter notification, cure notice, etc.). The COR will provide the CO recommended actions with supporting rationale.

5.0 REVISIONS TO QASP:

Revisions to this surveillance plan are the responsibility of the COR and the CO.

ATTACHMENT 4

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

1.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS). The PRS captures key requirements of the Performance Work Statement (PWS) at an outcome level (performance standard) and states the performance level and method of surveillance for the requirement. The absence of any Award requirement from the PRS does not limit the rights or remedies of the Government within the Award.

2.0 METHOD OF SURVEILLANCE. The PRS provides the surveillance method(s) the Government will use to evaluate the Contractor’s performance for the listed tasks. The primary surveillance methods used will be 100% surveillance, periodic surveillance, or customer complaints.

3.0 GOVERNMENT QUALITY ASSURANCE. The Quality Assurance Surveillance Plan, Attachment 3, describes how the Government will inspect, in conjunction with this PRS, and how the COR, other performance evaluators, the Contractor, and the Contracting Officer will communicate to ensure satisfactory performance of Award requirements.

PERFORMANCE REQUIREMENTS SUMMARY6.0 PERFORMANCE REQUIREMENT SUMMARY

SURVEILLANCE

(RS-1) Services/Requirements PWS paragraph 4.0

(RS-4) Deliverables PWS paragraph 5.0

ATTACHMENT 4

NARA TERMS AND CONDITIONS

(Addenda to FAR 52.212-4, Contract Terms and Conditions)

The following additional terms and conditions are incorporated and are to remain in full force in any resultant contract and associated delivery order(s):

1. GOVERNMENT CONTRACT SPECIALIST

A. This contract will be administered by:

National Archives and Records Administration Acquisitions Branch, Code Z Room 3340 8601 Adelphi Road College Park, MD 20740-6001

Ana D. Camacho, Contracting Officer Telephone: (301) 837-3229 Email: ana.camacho@nara.gov

C. Contracting Officer (CO):

Any Z Warranted CO

The Contracting Officer (CO) has the overall responsibility for the administration of this order. Written communication should be submitted to the Contract Specialist (CS) and the CO and must make reference to the order number and must be mailed, postage prepaid, to the above address.

The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the order terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from order payments for non-conformance; terminate the order for convenience or default; and issue final decisions regarding order questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives.

6.0 CONTRACTING OFFICER’S REPRESENTATIVE (COR) LEVEL 1:

a. COR: See award document

b. The individual named above is designated as the Contracting Officer’s Representative (COR) to assist the CO in the discharge of the CO’s responsibilities. The COR serves as the point of contact through which the Contractor can relay questions or problems of a technical nature to the CS and the CO. The COR is responsible for the inspection and acceptance of the Award requirements and for the review and certification of invoices for the award requirements.

c. In no event will any understanding or agreement, modification, change order, or other matter deviating from the terms of the Award between the Contractor and any person other than the CO be effective or binding upon the Government

d. When, in the opinion of the Contractor, the COR requests effort outside the existing scope of the Award, the Contractor must promptly notify the CO in writing.

e. No action will be taken by the Contractor under such technical instruction unless the CO has issued a contractual change.

7.0 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – INVOICE PROCESSING PLATFORM (IPP) (JANUARY 2020)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).

"Payment request" means any request for Award 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 Award, or the clause 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services included in commercial item contracts. The IPP website address is: https://www.ipp.gov.

Under the Award, the following documents are required to be submitted as an attachment to the IPP invoice. Invoices shall be submitted after Government’s acceptance of all deliverables. The invoice shall contain information required by FAR 52.212-4(g).

Invoice to include:

1. Award number

2. CLIN//Item number of deliverable

3. Description of deliverable

4. Price of deliverable

5. Quantity of deliverable

6. Date deliverable was provided to the Government for inspection if applicable

7. Serial number/part number if applicable

The Contractor must use the IPP website to register, access, and use IPP for submitting requests for payment. Assistance with enrollment can be obtained by contacting the IPP Customer Support Helpdesk by sending an email to IPPCustomerSupport@fiscal.treasury.gov 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 with its proposal or quotation.

ATTACHMENT 5

ADDITIONAL NARA TERMS AND CONDITIONS

I. SECURITY OF INFORMATION AND PROTECTION OF CONTROLLED UNCLASSIFIED INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION (APRIL 2017)

(a) Applicability

This clause applies to all controlled unclassified information, which may include personally identifiable information, as defined in Section B, regardless of the medium in which it is found and includes paper records.

(b) Definitions. As used in this clause:

“Breach” means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to personally identifiable information, in usable form whether physical or electronic.

“Controlled Unclassified Information” means information the Government creates or possesses, or that an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Government-wide policy requires or permits an agency to handle using safeguarding or dissemination controls. However, CUI does not include classified information or information a non-executive branch entity possesses and maintains in its own systems that did not come from, or was not created or possessed by or for, an executive branch agency or an entity acting for an agency. Law, regulation, or Government-wide policy may require or permit safeguarding or dissemination controls in three ways: Requiring or permitting agencies to control or protect the information but providing no specific controls, which makes the information CUI Basic; requiring or permitting agencies to control or protect the information and providing specific controls for doing so, which makes the information CUI Specified; or requiring or permitting agencies to control the information and specifying only some of those controls, which makes the information CUI Specified, but with CUI Basic controls where the authority does not specify.

“Personally identifiable information (PII)” means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States. Examples of PII include the following:

(1) Name.

(2) Date of birth.

(3) Mailing address.

(4) Telephone number.

(5) Social Security Number.

(6) Email address.

(7) Zip code.

(8) Account numbers.

(9) Certificate/license numbers.

(10) Vehicle identifiers including license plates.

(11) Uniform resource locators (URLs).

(12) Internet protocol addresses.

(13) Biometric identifiers (e.g., fingerprints).

(14) Photographic facial images.

(15) Any other unique identifying number or characteristic.

(16) Any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.

“Sensitive personally identifiable information (sensitive PII)” means a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual.

(1) Complete social security numbers, alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered sensitive PII even if they are not coupled with additional PII.

(2) Additional examples include any grouping of information that contains an individual’s name or other unique identifier plus one or more of the following elements:

(i) Driver’s license number, passport number, or truncated social security number (such as last 4 digits);

(ii) Date of birth (month, day, and year);

(iii) Citizenship or immigration status;

(iv) Financial information such as account numbers or electronic funds transfer information;

(v) Medical information; and/or

(vi) System authentication information such as mother’s maiden name, account passwords or personal identification numbers.

(3) Other PII may be “sensitive” depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but it is not sensitive.

(c) Data Security.

(1) The Contractor shall limit access to the data covered by this clause to those employees and subcontractor who require the information in order to perform their official duties under this Award.

(2) The Contractor employees, and subcontractors must physically or electronically secure CUI, which may include sensitive PII, when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss.

(3) When CUI is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed in accordance with NIST 800-88 standards.

(4) The Contractor shall only use CUI obtained under this Award order for purposes of the Contractor; it shall not be disclosed, released, disseminated, or published without the prior written consent of the Contracting Officer.

(5) If it is established elsewhere in this Award order that information to be utilized under this Award order, or a portion thereof, is subject to the Privacy Act, The Contractor shall follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(6) At expiration or termination of this Award, the Contractor shall turn over all CUI obtained under the Contractor that is in its possession.

(d) Systems Access. Work to be performed under this Award may require the handling of CUI, including PII. The Contractor shall provide the Government access to, and information regarding those systems handling CUI, including sensitive PII for the Government under the Contractor, when requested by the Government, as part of the Contractor’s responsibility to ensure compliance with security requirements, and shall otherwise cooperate with the Government in assuring compliance with such requirements. Government access shall include independent testing of controls, system penetration testing by the Government, Federal Information Security Management Act data reviews, and access by agency Inspectors General (IG) for IG reviews.

When requested by the NARA CO or COR or other NARA official as described herein, in connection with NARA’s efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of NARA Information, Contractor shall provide NARA, including the NARA OIG, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor's facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, system penetration testing, and FISMA data reviews by NARA or agents acting on behalf of NARA, and such access shall be provided within 72 hours of the request. Additionally, the Contractor shall cooperate with NARA’s efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of NARA information.

(e) Systems Security.

(1) In performing its duties related to management, operation, and/or access of systems containing PII under this Award, the Contractor, its employees and subcontractors shall comply with all applicable security requirements and rules of conduct applicable to the agency’s systems as described in:

(2) In addition, the use of Contractor-Owned laptops or other portable storage devices to process or store sensitive PII is prohibited under this Award order until the Contractor provides, and the Contracting Officer, in coordination with the Senior Agency Official for Privacy (SAOP) or the SAOP’s designee, approves the Contractor’s written acknowledgment that the following requirements are met:

(i) Laptops and other portable storage devices must employ encryption that is NIST Federal Information Processing Standard (FIPS) 140-2 validated (or its successor) http://csrc.nist.gov/publications/PubsFIPS.html, and approved.

(ii) The Contractor has developed and implemented a process to ensure that security and other applications software are kept current.

(iii) Mobile computing devices utilize anti-virus software and a host-based firewall mechanism.

(iv) Removable media, such as hard drives, flash drives, devices with flash memory, CDs and floppy disks containing CUI, which may include sensitive PII shall not be removed from a Government facility unless they are encrypted using a NIST FIPS 140-2 or successor approved product.

(v) When no longer needed, all removable media, hard drives, and flash memory shall be destroyed in accordance with Government security requirements identified in NARA’s Media Protection Methodology.

(vi) The Contractor shall maintain an accurate inventory of devices used in the performance of this Award.

(3) All NARA information obtained under this Award shall be removed from Contractor-Owned information technology assets at the direction of the Contracting Officer or Contracting Officer’s Representative. Removal must be accomplished in accordance with standard FedRAMP controls for media protection in moderate IT systems and NIST 800-88 standards. Certification of data removal will be performed by the Contractor’s Project Manager and written notification confirming acknowledgment will be delivered to the Contracting Officer within 30 days of the direction to remove the information.

(4) Back up or mirrors of any systems or files containing CUI shall be treated in the same manner as the original data containing CUI, with the same protections and obligations.

(5) The Contractor shall require FIPS 140-2 (or successor) encryption of any sensitive PII when transmitted electronically across the Internet or other public works.

(f) Breach Notification to Government.

(1) The Contractor has been provided with: NARA Directive 1608, and is aware of its roles, responsibilities, and relationship with the Government in case of data breach.

(2) In the event of any actual or suspected breach of sensitive PII, the Contractor shall immediately, and in no event later than one hour of discovery, report the breach to the Contracting Officer, the COR, the Senior Agency Official for Privacy (currently NARA’s General Counsel garymstern@nara.gov) and the Chief Information Officer (only for IT requirements) in accordance with NARA Directive 1608.

(3) The Contractor is responsible for positively verifying that notification is received and acknowledged by appropriate Government parties identified in subparagraph (2) above.

(4) In the event of a confirmed, potential or suspected Security Breach, involving unauthorized exposure, loss of control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any NARA Information accessed by, retrievable from, processed by stored on, or transmitted within, to or from any such system, Contractor shall immediately (and in no event later than within 1 hour of discovery) report any Confirmed Breach to the NARA CO and the CO's Representative (''COR").

(5) NARA, at its sole discretion, may obtain, and Contractor will permit, the assistance of other federal agencies and/or third party contractors or firms to aid in response activities related to any security incident, PII or Security Breach. Additionally. NARA, at its sole discretion, may require Contractor to retain, at Contractor's expense, a Third Party Assessing Organization (3PAO) acceptable to NARA, with expertise in incident response, compromise assessment, and federal security control requirements, to conduct a thorough vulnerability and security assessment of all affected Information Systems.

(6) Any report submitted in accordance with paragraphs (1), (2) and (3) above, shall identify (I) both the Information Systems and NARA Information involved or at risk, including the type, amount, and level of sensitivity of the NARA Information and, if the NARA Information contains PII, the estimated number of unique instances of Pll, (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the USCERT Federal Incident Notification Guidelines, including the functional impact, information impact, impact to recoverability, threat vector, mitigation details, and all available incident details; and (4) any other information specifically requested by the NARA. Contractor shall continue to provide written updates to the NARA CO regarding the status of the Security incident at least every three (3) calendar days until informed otherwise by the NARA CO.

(7) Response activities related to any security incident or PII or Security Breach undertaken by NARA, including activities undertaken by Contractor, other federal agencies, and any third-party contractors or firms at the request or direction of NARA, may include inspections, investigations, forensic reviews, data analyses and processing, and final determinations of responsibility for the Security Incident and/or liability for any additional response activities. Contractor shall be responsible for all costs and related resource a locations required for all such response activities related to any Security Incident or Breach, including the cost of any penetration testing.

(g) Personally Identifiable Information Notification Requirement

Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose Personally Identifiable Information ("Pll") was, or is reasonably determined by NARA to have been, compromised. Any notification shall be coordinated with the NARA CO and shall not proceed until NARA has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by Contractor shall be coordinated with, and subject to the approval of, NARA. Contractor shall be responsible for taking corrective action consistent with NARA Data Breach Notification Procedures and as directed by the NARA CO, including all costs and expenses associated already covered by above clauses added in PII clause with such corrective action, which may include providing credit monitoring to any individuals whose Pll was actually or potentially compromised. All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Security Incident, Breach, or PII Breach will be made by NARA senior officials at NARA’s discretion.

(h) Flowdown of security requirements to subcontractors.

(1) The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph (g), in all subcontracts under this Award, and require written subcontractor acknowledgement of same.

(2) Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

II. CONFIDENTIALITY OF INFORMATION

(a) Confidential information is any information that, if subject to unauthorized access, modification, loss, or misuse could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals, but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. Confidential information also includes proprietary data and information for which other restrictions on access apply.

(b) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this Award specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the Award. Failure to agree will be settled pursuant to the “Disputes” clause.

(c) While in the course of performance of this Award, the Contractor may have access to confidential information and communications, including but not limited to Personally Identifiable Information (PII). Confidential information may be contained in printed material or on electronic media. The Contractor will preserve the confidentiality of all such information and communications and agrees not to disclose, release, disseminate, or publish any such information or communications for any purposes whatsoever without the prior approval of the Contracting Officer. Failure to comply with the provisions of this paragraph will be grounds for Termination for Cause and the Contractor may be liable for damages. This provision shall survive the expiration or termination of the period of performance of this contract.

(d) If it is established elsewhere in this contract that information to be utilized under this Award or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e) During the course of the performance of this Award order, the Contractor may have access to and use of data and information which may be considered proprietary by other contractors, or which may otherwise be of such a nature that its dissemination or use, other than in performance of this Award order, would be adverse to the interest of NARA and these other contractors.

(f) Except as may be otherwise agreed to with these other contractors, the Contractor agrees that it will not use, disclose or reproduce proprietary data and information belonging to these other contractors other than as required in the performance of this Award; provided, however, that nothing herein shall be construed as: (1) precluding the use of any such data or information independently acquired by the Contractor without such limitation; or (2) prohibiting an agreement at no cost to NARA between the Contractor and these contractors which provides for greater rights to the Contractor.

(g) When considering a request to disclose, release, disseminate, or publish confidential information, the Contracting Officer will consult with appropriate program and legal officials.

(h) At the discretion of the Contracting Officer, the Contractor’s employees may be required to sign a non-disclosure agreement prior to performing any work under this Award.

(i) The terms of this paragraph apply to all Contractor employees, subcontractors and consultants and must be incorporated into any subcontract.

b. Travel outside of the local area (60-mile radius of Washington, DC area) will be required.

c. Local travel (60-mile radius of Washington, DC) will not be reimbursed. If travel outside of the Washington, D.C metro area is required for work on this Award, the Government will reimburse the Contractor provided:

(1) The Contractor will obtain prior written approval from the COR for any travel;

(2) All travel is performed and charged in accordance with the Federal Travel Regulations (FTR); and

(3) Meal, lodging, and incidental expenses do not exceed the daily maximum per diem rates in effect for the area at the time of travel as set forth in the Federal Travel Regulations (FTR), prescribed by the General Services Administration (http://www.gsa.gov), for travel in the continental United States.

d. In special or unusual situations, actual costs for travel in excess of the above-referenced maximum per diem rates are allowable provided that such amounts do not exceed the higher amounts authorized for Federal civilian employees as permitted in the FTR. For such higher amounts to be allowable, all of the following conditions must be met:

(1) One of the conditions warranting approval of the actual expense method, as set forth in the FTR, must exist;

(2) A written justification for use of the higher amounts must be approved by an officer of the Contractor's organization or designee to ensure that the authority is properly administered and controlled to prevent abuse;

(3) If it becomes necessary to exercise the authority to use the higher actual expense method repetitively or on a continuing basis in a particular area, the Contractor must obtain advance written approval from the Contracting Officer; and

(4) See FAR 31.205-46(a)(3)(iv) for documentation requirements in support of actual costs incurred.

e. The Contractor must also obtain the best available economy airfare rates.

f. Travel to the area is exclusively for work to be performed for NARA under this Awarad.

ATTACHMENT 7

FAR CLAUSES

I. FAR 52.212-4 -- Contract Terms and Conditions—Commercial Products and Commercial Services. (Dec 2022) II. FAR 52.212-5 -- Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services. (Jun 2023)

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

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

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

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

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

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

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

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

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

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

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

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009…