RFQ_LEP_0081.pdf

August 3, 2021

USDA Food and Nutrition Service 1320 Braddock Road Room 208 Alexandria, Virginia 22314

To: All Prospective Vendors

SUBJECT: REQUEST FOR QUOTE (RFQ) No. 12-3198-21-Q-0081- Serving Supplemental Nutrition Assistance Program (SNAP) Applicant and Participants with Limited English Proficiency.

The United States Department of Agriculture (USDA), Food and Nutrition Service (FNS) seeks a contractor to provide analyses of the SNAP’s Applicant and Participant with Limited English Proficiency Programs. This study seeks to describe how the 53 States SNAP Agencies and the three

(3) territorial NAP programs server applicants and participants with limited English proficiency in accordance with Attachment 1: Performance Work Statement (PWS).

The Government intends to make a single award task order on a Firm-Fixed Price basis. This solicitation is issued as Full and Open Competition. The selected North American Industry Classification System (NAICS) is 54172 with a Size Standard of $22.0M. The applicable SINs under GSA Schedule are 541715, 541690, and OASIS Pool. The anticipated period of performance is a Forty (40) months with one (1) potential six-month Option Period pursuant to FAR 52.217-8.

Please send questions regarding the solicitation via e-mail to Rondaski Burley at Rondaski.burley@usda.gov. No phone calls will be accepted. All questions must be received NLT August 09, 2021 by 10:00 am Eastern Daylight Time.

The due date for quotes to be received is NLT August 30, 2021 by 10:00 am Eastern Daylight Time. Send proposal via e-mail to Rondaski Burley at Rondaski.burley@usda.gov.

Thank you in advance and we look forward to reviewing your quotation.

Sincerely, Kara Stith Contracting Officer Contract Management Division (CMD) Food and Nutrition Service (FNS)

Enclosure:

Request for Quotation No. 12319821Q0081 Price Sheet Question Format Past Performance Questionnaire mailto:Rondaski.burley@usda.gov

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER) THIS RFQ IS X IS NOT A SMALL BUSINESS SET ASIDE

PAGE OF PAGES

1 37

1. REQUEST NO.

12319821Q0081

2. DATE ISSUED

08/3/2021

3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

5a. ISSUED BY FNS-HQ-MGMT-ASD-CMB 1320 Braddock Road

ROOM 208

ALEXANDRIA VA 22314

6. DELIVERY BY (Date)

9/17/2021

7. DELIVERY

OTHER

FOB DESTINATION X (See Schedule)

9. DESTINATION

a. NAME OF CONSIGNEE FNS-HQ-CNPP 5b. FOR INFORMATION CALL: (No collect calls)

NAME

RONDASKI BURLEY

TELEPHONE NUMBER b. STREET ADDRESS

1320 Braddock Road Road 208 Alexandria VA 22314

AREA CODE NUMBER

8. TO:

a. NAME b. COMPANY

c. STREET ADDRESS c. CITY

ALEXANDRIA

d. CITY e. STATE f. ZIP CODE d. STATE

VA

e. ZIP CODE

22302

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)

08/13/2021 1000 ET

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Tax ID Number: Not Available DUNS Number: Not Available Period of Performance: Forty (40) months after contract.

This study seeks to describe how the 53 States SNAP Agencies and the three(3)territory NAP programs serve applicants and participants with limited English proficiency.

Serving SNAP Applicants and Participants with Limited English Proficiency.

(Not Separately Priced) Product/Service Code: B599 Product/Service Description: SPECIAL

STUDIES/ANALYSIS- OTHER

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%)

b. 20 CALENDAR DAYS (%)

c. 30 CALENDAR DAYS (%)

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached

13. NAME AND ADDRESS OF QUOTER 14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF QUOTATION

a. NAME OF QUOTER

b. STREET ADDRESS 16. SIGNER

a. NAME (Type or print) b. TELEPHONE

AREA CODE

c. COUNTY

d. CITY e. STATE f. ZIP CODE c. TITLE (Type or print) NUMBER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

RFQ No. 12319821Q0081 Title: Serving SNAP Applicants and Participants with Limited English Proficiency

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ENCLOSURE 1

1. GENERAL INFORMATION

1.0 The United States Department of Agriculture (USDA), Food and Nutrition Service (FNS) seeks a contractor to provide analyses of the SNAP’s Applicant and Participant with Limited English Proficiency Programs. This study seeks to describe how the 53 States SNAP Agencies and the three (3) territorial NAP programs server applicants and participants with limited English proficiency in accordance with Attachment 1:

Performance Work Statement (PWS).

1.1 The Government intends to make a single award task order on a Firm-Fixed Price basis.

The selected North American Industry Classification System (NAICS) is 54172 with a Size Standard of $22.0M. The anticipated period of performance is a Forty (40) months with one (1) potential six-month Option Period pursuant to FAR 52.217-8.

1.2 Vendors shall ensure their representations, certifications, and other information on the System for Award Management (SAM) website are accurate and current at the time of quotation submission.

See addenda to FAR 52.212-1 and FAR 52.212-2 for further instructions, due dates, and evaluation information.

2. PRICING

2.0 The resulting Task Order will incorporate the Vendor’s completed pricing sheet (Attachment 2)

2.1 All services proved by the Vendor under this Task Order shall be available. All pricing shall be submitted using the Pricing sheet at Attachment 2. In addition, FNS requests that the Vendor include any available discounts which can be further added to its current Task Order labor rates.

Attachment 2 – Pricing Sheet contains the labor rates and categories pursuant to this Task Order.

3. PERFORMANCE

3.0 Period of Performance

The period of performance is forty (40) months after task order award.

3.1 Place of Performance

FNS expects the Vendor to work at their facility.

4. ADDENDUM FAR 52.212-1 (INSTRUCTIONS)

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4.0 General

a. All questions must be according to the instructions under Section 4 of the solicitation. Vendors are forewarned that communications with Government technical personnel is strictly forbidden. The circumstances of such contact, when verified, may result in non-consideration of the Vendor’s quotation. Any questions concerning this RFQ must be submitted via e-mail to the Contracting Officer Kara Stith at Kara.Stith@usda.gov AND the Contract Specialist, Rondaski Burley at Rondaski.burley@usda.gov and must be received by NLT August 09, 2021 by 10:00 am Eastern Daylight Time. All (timely) questions received and responses to these questions will be provided to all Vendors via e-mail giving due regard to the proper protection of the identity of the submitter of the question and proprietary information. Vendors shall not direct any questions concerning this RFQ to anyone other than the Contracting Officer.

b. This RFQ does not commit the Government to pay any costs incurred in the submission of any quotation or in making necessary studies for the preparation thereof. Nor does it commit the Government to procure or contract for said services. The Contracting Officer is the only individual who can commit the Government to the expenditure of public funds in connection with this proposed procurement.

c. The Government will award a single Task Order resulting from this RFQ to a Vendor whose quotation represents the best value to the Government after evaluation in accordance with the evaluation criteria. Therefore, initial offers should contain the Vendor’s best offer from a technical and price standpoint.

d. Vendors shall provide sufficient information for the Government to determine its level of confidence in the ability of the Vendor to perform the requirements of the solicitation based on an assessment of the Vendor’s technical capability information submitted in their quotation. Each Vendor shall submit a complete and acceptable quotation in accordance with the instructions contained herein.

Such a quotation: (1) is for the total requirement and scope stated in the RFQ and

(2) accepts each of the requirements, provisions, terms and conditions, and clauses stated in all sections of this RFQ. Alternate quotations will not be considered.

e. Quotations shall remain valid for a minimum of 90 calendar days from the date of receipt.

4.1 Quotation Submission

mailto:Kara.Stith@usda.gov

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a. Quotations submitted in response to this RFQ shall be formatted in accordance with the instructions provided in this section. To be considered for award, quotations must be received no later than NLT August 30, 2021 by 10:00 am Eastern Daylight Time

b. In addition, the Vendor shall set forth any assumptions used in development of its pricing.

Any exceptions taken to the terms and conditions of the RFQ shall be stated in the price quotation. For each exception, the Vendor shall identify the term or condition, state the reason for the exception, and provide any other information concerning the exception. The Vendor is advised that any exception taken to the terms and conditions of the RFQ may adversely impact their evaluation rating. The Government reserves the right not to accept any exceptions to this RFQ.

Quotations shall consist of three volumes, as follows:

Volume 1 – Technical Capability - Includes Technical Approach & Management Approach

Volume 2 - Past Performance

Volume 3 – Price

TECHNICAL CAPABILITY (VOLUME 1) – NTE 60 Pages Total

The length of the technical capability volume shall not be more than 60 pages total. Vendors are encouraged to submit the fewest number of pages responsive to the Performance Work Statement requirements using the quotation section page limits as cited within this section. The Pricing information SHALL NOT be included in the technical quote. The directions provided within this section assist in providing a fair and equitable evaluation of all quotations received. The Agency may determine those quotations not following the directions to be unacceptable, and if so, shall receive no further consideration.

Quotes shall be submitted via email with the solicitation number in the subject line.

All files shall be compatible with Microsoft Office product(s) and/or Adobe software.

1. Cover Page (not to exceed 1 page) – At a minimum, this page shall include the Vendor’s name, address, taxpayer ID number, CAGE code; Vendor’s Point of Contact to include name, title, phone number, and e-mail address; the solicitation number and date of submission. This page shall also include a quotation validity date of no less than 90 days.

2. Executive Summary (not to exceed 2 pages)

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The Executive Summary shall provide a concise narrative summary of your technical quotation, highlighting any key or unique features.

3. Technical Capability (not to exceed 60 pages)

At a minimum, the following shall be addressed:

a. A description (in the Vendor’s own words) of the technical approach that satisfies the requirements of the Performance Work Statement (PWS). This discussion shall clearly demonstrate the Vendor’s understanding for performing and managing the work to ensure that schedules are met and any other information. Provides a clear and detailed plan for developing each task/deliverable in the RFQ and clear time frames for delivery.

• Provide a clear and detailed plan for developing each task/deliverable in the RFQ and clear time frames for delivery.

• Demonstrate knowledge and understanding of the technical and programmatic requirements outlined in the Performance Work Statement.

• Demonstrate sufficient evidence of capacity to support identified topic areas, understanding of the priorities and the emerging issues within these areas, and ability to execute a comprehensive approach that ensures quality performance.

b. The Vendor shall describe its management approach and business model, clearly outlining how it plans to accomplish the requirements of the PWS Sections 5, 6, and 7.

The narrative shall address the Vendor’s should include the mechanisms for tracking and reporting the status of deliverables and lines of communications. Clearly outlines the staffing requirements for completing the project, including subcontracting plans, if applicable.

c. The Vendor shall include its organizational structure and its staffing plan, which clearly outlines staffing levels that align personnel by proposed labor category and staffing information to support the proposed level of effort. Include staff assignments for each task and staff hours per task, as well as the percentage of time (stated as FTE percentage) that each staff person will be assigned to this project. The staffing plan shall address how the Vendor will manage employee absenteeism as it relates to impact on operations and PWS requirements and plans to ensure continuity of the project if staff turnover occurs during the Call period. The Vendor’s staffing plan shall specifically address the Vendor’s approach to staffing positions requiring appropriate security clearances and knowledge and experience as described in the PWS. The Vendor shall submit a resume (restricted to two (2) pages) for each Key Personnel which clearly indicates required experience, along with statements of availability and letters of commitment for Key Personnel. NOTE: The Vendor must notify the Contracting Officer if, between the time of quotation submission and award, their proposed key personnel will be unavailable to perform under the contract post-award.

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Include a quality control surveillance plan that is reasonable and will ensure that the specifications of each deliverable in the RFQ are met.

NOTE: An example of the Labor Loading Chart, Sample Key Personnel Availability Chart, Sample Key Expertise and Experience Chart at the end of the RFQ for reference (PAGES 24 -25).

PAST PERFORMANCE (VOLUME II)

a. Vendors must provide past performance information in accordance with the instructions and format provided in Attachment 3. It is the Vendor’s responsibility to send the Past Performance Questionnaire to its customers and direct the customer to submit the completed survey to Rondaski Burley at Rondaski.burley@usda.govand a copy to Antoine Boissonniere at kara.stith@usda.gov, no later than NLT August 30, 2021 by 10:00 am Eastern Daylight Time Past Performance Surveys received after the due date will be deemed late and may not be considered.

b. The Vendor must also provide past performance references, in their response, for at least three (3) most recent contracts held, to include those in progress. Only references for same or similar type of services will be considered. The Government reserves the right to independently verify the accuracy of the information provided and to determine Vendor’s performance on the related work with respect to the following factors: technical performance, quality of work, project management, compliance with agreed upon schedule and customer satisfaction.

c. If the reference does not submit a past performance questionnaire, the reference will not be considered in the relevancy and evaluation of the Vendors past performance.

PRICE (VOLUME III)

An offer must be made on all items in the schedule. The total price shall include the unit price, quantity, discount terms, and total Firm Fixed Price to be eligible for consideration of award.

The price quotation shall include the following:

1. The Task Order number and the GSA schedule contract number, date of expiration, maximum ordering amount(s); note

2. Your company’s Taxpayer Identification Number (TIN) and Dun & Bradstreet Number

(DUNS). Your company must have an active System for Award Management (SAM) registration.

3. A complete pricing sheet (Attachment 2) for this solicitation in Excel format.

4. Using Attachment 2, the Vendor shall list each labor category it proposes to use in performance of the PWS (consistent with its Task Order schedule), indicate the unburdened unit price (hourly rate) for each proposed labor category, and indicate the proposed number of hours for each labor category listed. The Base Year and each Option Year/Period on the Attachment 2 spread sheet, shall be populated by the Vendor.

mailto:kara.stith@usda.gov, Page | 6

5. The Government seeks other discounts in addition to the already discounted Task Order rates. The Vendor should clearly identify if any additional discounts are provided, using the Attachment 2 spreadsheet.

6. The Government reserves the right to obtain data, other than certified cost or pricing data, as necessary to establish fair and reasonable pricing.

7. This BPA Call includes FAR Part 52.217-8 Option to Extend Services. For evaluation purposes only, Vendors should include an additional six (6) months prices utilizing Option Year Four (4) rates.

(End of FAR 52.212-1 Addendum)

5. ADDENDUM FAR 52.212-2 (EVALUATION)

1. BASIS OF AWARD:

The Government will select the best value by conducting a tradeoff among all of the evaluation factors. A single Firm Fixed Price Task Order will be awarded to the Vendor who is deemed responsible in accordance with FAR Part 9, as supplemented, whose quotation conforms to the solicitation’s requirements, (to include all stated terms, conditions, representations, certifications, and all other information required by the FAR 52.212-1 Addendum of this solicitation) and is judged, based on the evaluation criteria to be the best value for the Government. CPARS and FAPIIS searches will be conducted to determine if the selected awardee is a responsible Vendor.

2. EVALUATION FACTORS:

The Government reserves the right to incorporate any part of the awardee’s quotation, in part or whole, into the Task Order. If the Government elects to exercise this right, the Government will address with the awardee whether or not that aspect of the quotation needs to be protected due to being proprietary or a trade secret.

FACTOR 1 - TECHNICAL CAPABILITY

The Government will assess its level of confidence that the Vendor will successfully perform the solicitation requirements based on the Technical Capability information submitted in the Vendor’s quotation.

The Government will evaluate the overall quality, reasonableness, and comprehensive understanding of the Vendor’s technical and management approaches as to whether it includes a detailed narrative that clearly outlines the methodology for accomplishing the requirements of the PWS.

Technical & Management Approach

The Government will evaluate the Vendor’s technical approach to determine whether it demonstrates a substantive understanding of the scope, complexity and requirements associated with the PWS. The Government will evaluate the Vendor’s quote to determine whether the Vendor’s approach demonstrates a clear understanding of, and clear plan to achieve all objectives outlined in the PWS. The quote will be evaluated on the quality and thoroughness of

Page | 7 the technical information submitted. The Government will evaluate the ability to demonstrate a successful solution and approach to all requirements outlined in the PWS. The technical quote must provide a clear and detailed plan for developing each task/deliverable in the RFQ.

The Government will evaluate the Vendor’s approach, methodology and vision to determine whether the approach, methodology and vision demonstrate a clear understanding of, and clear plan to achieve, all requirements outlined in the Deliverables portion of the Performance Work Statement, including responsiveness to all instructions and requirements as specified and described in the RFQ.

The Government will evaluate the offeror’s technical and creative approach to the design of deliverables.

The Government will evaluate how well the Vendors’ management approach and business model clearly outlines how the Vendor plans to accomplish requirements in PWS. The Government will evaluate how well the Vendor’s approach addresses their plan for recruiting, training, and retention of qualified personnel to fill vacant positions and maintain continuity of personnel throughout performance of the contract.

The Government will evaluate how well the organizational structure and staffing plan clearly outline staffing levels that align personnel by proposed labor category and staffing information to support the proposed level of effort. The Government will evaluate whether the level of effort and the mix of labor quoted is sufficient to meet PWS requirements. The Government will evaluate how well the staffing plan addresses how the Vendor will manage employee absenteeism as it relates to impact on operations and PWS requirements. The Government will evaluate whether the proposed staffing structure specifically addresses the Vendor’s approach to staffing positions requiring appropriate security clearances and certification levels as described in the PWS.

FACTOR 2 – PAST PERFORMANCE

The Government will review the Vendor’s submitted past performance information for work that was performed within the last three years or is ongoing for relevancy to this requirement based on similar size/scope and complexity. The Government will evaluate the Vendor’s relevant past performance information to determine the past performance rating. The currency and relevance of the information, source of the information, context of the data and general trends in Vendor performance will be considered in the past performance evaluation.

The information provided by the Vendor in the relevant Past Performance Questionnaire may not serve as the sole basis of evaluation of past performance. The Government reserves the right to obtain and utilize information from sources other than those identified by the Vendor to include the Vendor Performance Assessment Reporting System (CPARS).

Past performance information may take into account predecessor companies, key personnel who have relevant experience or subcontractors that will perform major or critical aspects of the requirement.

FACTOR 3 - PRICE

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To be considered for award, the Vendor shall submit prices which comply with the requirements set forth in the FAR 52.212-1 Addendum above. Vendors who fail to comply with these requirements will receive no further consideration and may be eliminated.

The Government will evaluate the Vendor’s quoted price to assess the reasonableness of the total evaluated price to perform all services. The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

(End of FAR 52.212-2 Addendum)

6. PROVISIONS AND CLAUSES

Note: All clauses applicable to the Vendor’s Task order and GSA Schedule are applicable to the resulting Task Order.

FAR 52.204-25 – PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVILLIANCE SERVICES

OR EQUIPMENT (AUG 2020)

FAR 52.204-26 – COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (OCT 2020)

FAR 52.227-14 – RIGHTS IN DATA – GENERAL (MAY 2014)

FAR 52.204-24 - REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(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— https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id19CAC0P0ESS https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1605198408

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(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 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.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that—

(1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror https://www.sam.gov/

Page | 10 shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known).

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors

Page | 11 relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

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

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Vendor within 30 days before the task order expiration.

The following Department of Agriculture Acquisition Regulations (AGAR) are in full text:

AGAR 452.224-70 - CONFIDENTIALTY OF INFORMATION (FEB 1988)

(a) Confidential information, as used in this clause, means –

(1) Information or data of a personal nature, proprietary about an individual, or

(2) information or data submitted by or pertaining to an organization.

(b) In addition to the types of confidential information described in (a)(1) and (2) above, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of primarily invalidated findings could create an erroneous conclusion which might threaten public health or safety if acted upon.

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

(d) If it is established that information to be utilized under this contract is subject to the Privacy Act, the Vendor 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) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution, or organization.

(f) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Vendor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in (b) above. If the Contracting Officer does not pose any objections in writing within the 45 day period, the

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Vendor may proceed with disclosure. Disagreements not resolved by the Vendor and Contracting Officer will be settled pursuant to the "Disputes" clause.

(g) Whenever the Vendor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Vendor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(h) The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws.

AGAR 452.237-74 - KEY PERSONNEL (FEB 1988)

(a) The Contractor shall assign to this contract the following key personnel:

Project Manager

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

7. SPECIAL REQUIREMENTS

Quality Assurance:

The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

Security:

The Contractor shall be responsible for properly protecting all information used, gathered, or

Page | 13 developed as a result of this contract. The Contractor shall implement procedures that ensure appropriate administrative, technical, and physical safeguards are established for the security and confidentiality of government information, data, and/or equipment. The Contractor’s procedures shall be consistent with Government, OMB Circular A-130, Management of Federal Information Resources, the Computer Security Act of 1987, the Federal Information Security Management Act of 2002 (FISMA), and the Privacy Act. In addition, during all activities and operations on government premises, the Contractor shall comply with the policies, rules, procedures and regulations governing the conduct of personnel or protection of government facilities and data as expressed by USDA, written or oral.

(a) Sensitive Information Storage and Disclosure

Sensitive-but-Unclassified (SBU) information, data, and/or equipment will be disclosed only to authorized personnel on a Need-To-Know basis. The holder shall ensure that appropriate administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, and/or equipment is properly protected. When no longer required, this information, data, and/or equipment will be returned to Government control;

destroyed; or held until otherwise directed. Destruction of items shall be accomplished by tearing into small parts; burning; shredding or any other method that precludes the reconstruction of the material, consistent with GSA guidelines.

(b) Protection of Information

All information about the USDA networks and/or the security posture of any USDA information asset gathered or created under this contract will be considered SBU information. It is anticipated that this information will be gathered, created and stored within the primary Government work location. If the Contractor personnel must remove any information from the primary work area, they should protect it to the same extent they would their proprietary data and/or company trade secrets. If the Contractor must remove any materials from the primary work location prior approval must be obtained from the COR.

(c) Security and Privacy

The use of any information that is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information.

(d) Security Classification

The preparation of the deliverables under this contract will be completed at a Sensitive-But- Unclassified (SBU) level unless otherwise stated, in writing, by the COR.

(e) Facility Access

All Contractor personnel who work at the USDA/FNS site must have approval for facility access; the Contractor must supply the names and other required information of those employees selected to perform the work to the COR.

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(f) Special Requirements

All work performed must meet and comply with all National Institute of Standards & Technology (NIST), other government-wide laws and regulations, and USDA and OCIO (Office of the Chief Information Officer) directives, guidelines, and requirements for protection and security of Information Technology.

Such directives and guidelines include, but are not limited to:

• Computer Security Act of 1987

• Federal Information Security Management Act (FISMA)

• OMB Circular A-130, Management of Federal Information Resources

• Presidential Directive Decision 63, Critical Infrastructure Protection (CIP)

• Presidential Directive Decision 67, Enduring Constitutional

Government and Continuity of Government Operations

• Homeland Security Presidential Directive 7

• NIST’s Guide for Developing Security Plans for Information Technology Systems(Special Publication 800-18)

• U.S. Government “Plain Language” Guidelines

• http://www.ocio.usda.gov/directives/files/dm/DM3535-000.htm

(g) Confidentiality and non-Disclosure

The Contractor may have to access proprietary information and shall be required to sign non-disclosure and conflict of interest statements. The preliminary and final deliverables and all associated working papers, and other material deemed relevant by the agency that have been generated by the contractor are the property of the U.S. Government and cannot be reproduced or retained by the contractor. When no longer required, this information, data, and/or equipment will be returned to Government control. All documents and information pertaining to network vulnerabilities, security policy, operational procedures or related functions shall be maintained under absolute accountability and relinquished to the COR upon completion of the contract.

Personnel Security Clearance Requirements-Sensitive-But Unclassified (SBU) Materials:

The contract clause set forth below covers the basic security standards for Sensitive-But- Unclassified (SBU) work.

http://www.ocio.usda.gov/directives/files/dm/DM3535-000.htm

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Based on federal laws, regulations, directives, and policies, it is an inherent Government function for a federal agency to protect its facilities and their occupants from harm and its information from unauthorized disclosure. Therefore, contractor personnel granted official access to a federally controlled facility or permanent access to a federal information system shall be subject to specific security screening requirements similar to those imposed upon federal employees.

The Government and the contractor recognize that certain contractor employees performing under this contract will have access to sensitive Government information. Therefore, the Government and the contractor agree that the Government shall conduct security investigations for any contractor employee performing under this contract, who, in the Contracting Officer’s judgment, is engaged in a function requiring public trust.

Executive Order 13467 (Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information) specifically requires that suitability and fitness investigation standards be applied to contractor employees performing work for the U.S. Government in accordance with the standards defined under 5 CFR 731 (for suitability) and 5 CFR 732 (for access to Classified National Security Information).

Section 3 of Executive Order 13488 (as amended) (Granting Reciprocity on Excepted Service and Federal Contractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust) further clarifies that:

(b) Investigations for determining fitness for contractual or non-appropriated fund employment.

Contractor employee fitness or non-appropriated fund employee fitness is subject to the same position designation requirements and investigative standards, policies, and procedures as fitness determinations for civil service employees, as prescribed by the Office of Personnel Management under the Civil Service Rules.” Finally, Homeland Security Presidential Directive 12: Policy for a Common Identification Standard for Federal Employees and Contractors) (HSPD-12) does not permit credentialing of a subject before an interim suitability or suitability determination has been made.

(a) General

(1) The Government anticipates that the work to be performed under this contract will involve access to SBU materials and non-sensitive materials. SBU materials may include but are not limited to: computer systems and information, Privacy Act protected information, and FNS proprietary information. Duplication or disclosure of the data and other information to which the Offeror may have access as a result of this contract is prohibited by Public Law.

(2) In general, services performed by Contractor’s personnel will fall within three (3) “risk” categories as described below:

(A) High Risk (MBI): Contract personnel with network administrative rights.

(B) Moderate Risk (NACI): All other contract personnel with access to SBU FNS data or information.

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(C) Low Risk (Fingerprint): Contract personnel performing less than 180 days.

(b) Types and Number of Background Investigations Required

(1) Work performed under the contract will fall within one or more of the risk categories defined in paragraph (a)(2) above. As a result, the Contractor’s personnel must undergo a background investigation to require access to PII; SSI | FOUO. Contractor personnel will also have Administrative System Access and will be required to have a Tier 2 (SF-85P) or Tier 1 (Favorable) completed. The type of background investigation required will be commensurate with the risk factor associated with the duties of each position and the type of access required.

Prior to award of the contract, the Contracting Officer’s Representative (COR) will determine the exact number and types of background investigations that may be required for all Contractor positions. For planning purposes, the Government estimates that the following number and types of background investigations will be needed:

Risk Category Number of Investigations Needed

High Risk (MBI) To be determined by Key Personnel Proposal

Moderate Risk (NACI) To be determined by Key Personnel Proposal

Low Risk (fingerprints) To be determined

(Primarily applies if contractor’s personnel are stationed at a Government work location.)

(2) Personnel Security Clearance investigative process and requirements for access to USDA Food and Nutrition Services (FNS) federally controlled facility or a federal information system are set forth in the USDA FNS Contracts Management Division (CMD) Contractor On/Offboarding Process Manual. The purpose of the USDA FNS CMD Contractor On/Offboarding Process Manual outline is to prescribed procedures for adhering to personnel security clearance processing requirements for contractor personnel performing services on or within a USDA FNS facility or through an Information Technology (IT) system. Contractors shall fully adhere to the entirety of prescribed procedures for contractor security clearance investigative requirements specified in the USDA FNS Contractor On/Offboarding Process Manual.

(3) The Contractor will not be permitted to commence performance under the contract until a sufficient number of its personnel, as determined by the COR, have received requisite background investigations. A “Background Investigation Request” form (FNS-775) must be completed by the COR and submitted to the Contract Management Division (CMD) for processing.

(4) During the life of this contract, the Contractor shall ensure that no Contractor or sub- Contractor employee commences performance hereunder prior to receipt of authorization from the Contracting Officer or COR.

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(c) Background Investigations Requirements The minimum investigative requirements are as follows:

(1) High Risk Positions:

The background investigation shall be an MBI (Minimum Background Investigation). The MBI includes a NACIC, a face-to-face personal interview between the investigator and the subject, and telephone inquiries to selected employers.

(2) Moderate Risk Positions:

The background investigation shall be a NACI (National Agency Check and Inquiries). The NACI consists of a NAC, written inquiries and record searches covering specific areas of a subject’s background during the past 5 years.

(3) Low Risk Positions:

The background investigation shall be a Federal Bureau of Investigation Name and Fingerprint check.

(d) Separation/Termination of Contractor’s Employees/Completion of Contract

At the completion of the contract or separation/termination of any Contractor’s employee, a “Government Offeror Separation Checklist” (FNS-774) must be completed and signed by the COR and Contracting Officer.

FNS Computer System Access:

To perform this contract the Contractor may require computer access to FNS systems. As necessary, the Contractor shall notify the COR in writing when a Contractor employee requires any type of computer access. The COR shall provide form FNS-674, Computer System Access Request, to the Contractor. The Contractor shall complete the form, obtain approval from the COR, and submit the form to the FNS Security Office staff. The Contractor shall notify FNS when computer system access for employees can be terminated. Written notification to terminate computer access shall be provided by the Contractor to the COR and to the FNS Security Office staff immediately upon termination of any Contractor employee removed from this contract or when access is no longer required. Immediately upon completion of the contract the Contractor shall provide a complete listing of all Contractor employees given access to FNS computer systems with a statement that computer access shall be terminated and complete a “Government Vendor Separation Checklist” for each Vendor employee. All notifications shall be provided to the COR and the FNS Security staff listed below:

Office of Information Technology Information Security Office 1320 Braddock Place Alexandria, VA 22314, (703) 305-2242

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Additionally, ALL new contract employees accessing FNS’ systems and/or sensitive data are required to complete Security Training in the OIT Training Room, 3rd floor, prior to obtaining computer and sensitive data access. This training shall be coordinated with the COR. A disk or hard copy of the security training may be sent to Contractors whose staffs are performing at off-site locations.

Section 508 – Accessibility of Electronic and Information Technology:

(a) This requirement is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Electronic and Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable…