RFQ No. 693JJ321Q000032 - DOT IVEP.pdf
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- Solicitation number
- 693JJ321Q000032
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This request for quotation (RFQ) from the Department of Transportation Federal Highway Administration (FHWA) solicits an immersive virtual event platform to support agency-wide virtual learning events. The selected contractor must provide a virtual platform license, event planning and setup support, project management, and technical assistance for an initial three-day pilot event for 2,700 staff in July/August 2021, as well as ongoing support for additional events through option line items exercised under the annual license. Questions are due by May 3rd and quotes by May 6th. The solicitation is a total small business set-aside for custom computer programming services. The selected contractor must meet security, accessibility, and functionality requirements for hosting virtual auditoriums, breakouts, exhibits, and integrating with FHWA's existing systems.
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| RFQ No. 693JJ321Q000032 - Attachment 1 - Price Schedule.xlsx | XLSX spreadsheet |
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REQUEST FOR QUOTATION (RFQ)
Issuing Office: United States Department of Transportation
Federal Highway Administration (FHWA)
Office of Acquisition & Grants Management (HCFA) 1200 New Jersey Avenue, SE Washington, DC 20590-0001
Agency Contact: Matthew Wendel, Contract Specialist Telephone: 202-633-4247 Email: matthew.wendel@dot.gov
Solicitation Number: 693JJ321Q000032
Title: Immersive Virtual Event Platform (IVEP) Support for the
Department of Transportation’s Office of Technical Services Knowledge Management program
Solicitation Release Date: April 29, 2021
Technical Questions Due Date: May 3, 2021
Quotation Due Date: May 6, 2021
PART I
RFQ INFORMATION AND INSTRUCTIONS FOR PREPARATION OF QUOTATIONS
RFQ INFORMATION
This is an OPEN-MARKET Firm Fixed Price (FFP) RFQ. This solicitation is prepared in accordance with Federal Acquisition Regulation (FAR) Part 12, the acquisition of commercial items in conjunction with the policies and procedures for solicitation, evaluation, and award as prescribed in FAR 13, Simplified Acquisition Procedures, specifically FAR Subpart 13.5 Simplified Procedures for Certain Commercial Items. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-06. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.
This solicitation is a total Small Business Set-Aside and the North American Industry Classification System (NAICS) code is 541511 Custom Computer Programming Services with an industry size standard of $25 million. A responsible quoter is one whose quotation conforms to the solicitation requirements and will be most advantageous to the Government. It is the Contractor’s responsibility to be familiar with applicable clauses and provisions. FAR Provisions and Clauses may be viewed and/or downloaded from https://www.acquisition.gov/?q=browsefar.
All Contractors must have a current active registration in the System for Award Management (www.SAM.gov) in order to be eligible to receive an award under this RFQ.
INSTRUCTIONS FOR PREPARATION OF QUOTATIONS
In responding to this RFQ, quotations MUST include the following:
1. Technical Quote: Narrative discussion addressing the quoter’s technical approach and technical merit factors identified in Part I, Section 6.0, Evaluation of Quotations. The quote shall include a description of how the Statement of Work requirements will be met.
Limited to 20 pages not including resumes.
2. Price Quote: Submitted pricing in the format of the Schedule of Service, Contract Line Item Number (CLIN) Structure shown in Part II on Attachment 1 – Price Schedule. No page limit.
3. Past Performance References: Provide a matrix of recent (within the last five years) relevant past performance, which shall include the following: a short description of the work, size/magnitude in dollars, identification if work was as the Prime or Subcontractor, the dates of work performance, the name of the client and a contact phone number and email address. At a minimum, quotations shall include three references. Limited to five pages.
https://www.acquisition.gov/?q=browsefar.
http://www.sam.gov/
4. Organizational Information: Quotations shall include the following mandatory business information regarding your company in the body of the cover email message:
a. Does your company accept Government purchase orders?
b. Business Size (Small, Woman-Owned, Disadvantaged, Large, Non-Profit, etc)
c. Payment Terms (Government Standard is NET 30)
d. Dunn & Bradstreet Number (DUNS)
e. Federal Tax Identification Number (TIN) (9-Digits)
f. Correct Mailing Address (include name, telephone, email address)
g. Is the company information listed in the System for Award Management
(SAM) current and accurate at https://www.sam.gov/portal/public/SAM/?
5. Instructions for Preparation of Quotations: Quotations shall be submitted electronically as Adobe (.pdf) files with the technical capability, pricing, past performance sections submitted as separate files within a SINGLE email whose total size shall not exceed 10 Megabytes and the organizational information in the body of the email. Page limitations are as follows:
Technical Quote: Limited to 20 pages not including resumes Price Quote: No page limitation Past Performance References: Limited to five pages
6. Evaluation of Quotations: The Government will evaluate the responsive quotes and make a best value award decision based on the following factors: (A) Technical Capability; (B) Past Performance and (C) Price. The ultimate award decision will be made based on a determination of overall best value, each of the three factors considered.
When considering these factors, Technical Capability and Past Performance are significantly more important than Price.
(A) Technical Capability (Limited to 20 pages not including resumes)
The Technical Capability evaluation will be based on the following criteria:
Offeror’s ability to meet the following technical capabilities:
• A fully-featured evergreen virtual event platform (persistent software that hosts multiple live and on-demand events throughout a calendar year), and evergreen pricing structure
• Project management support at least 10-12 weeks in advance of the event
• Technological support before, during, after event
• Flexibility within contract to add services, features, and support as needed
• Demonstrated capability and experience of the provider in managing projects that meet project objectives for government events, within budget and on schedule
• Flexibility of the provider in providing software and services that can be upgraded and/or extended with clearly defined prices and schedule options
• Adequacy and availability of proposed personnel, facilities and equipment to perform project tasks https://www.sam.gov/portal/public/SAM/
• Clarity, logic and effectiveness of project organization to successfully complete the project
• Degree to which the provider has identified high-risk challenges and presented reasonable mitigation strategies in the proposal
The offeror’s ability to provide the following features with their proposed platform:
• Full ADA compliance
• Compatibility with FHWA security requirements
• Capability to support 3,000 attendees in auditoriums, breakouts, networking spaces, booths, etc.
• Ability to have an interpreter, speaker, and content being shown on a screen simultaneously during webcasts/broadcasts
• Live captioning
• Interactivity and engagement tools (gamification, polls, chats, Q&A, etc.)
• Ability to customize event platform, registration, backgrounds, etc.
• Live broadcasts, webinars, integration with MS Teams, and recording of content
• Ability to house content on-demand for several months’ post event
• Event data & metrics
(B) Price (No page limitation)
Quotations shall include the Government’s Schedule of Services under Part II below. The quoted prices will be evaluated but not scored. The evaluation will determine whether the quoted prices are realistic, complete, and reasonable in relation to the solicitation requirements. Quoted prices must be entirely compatible with the technical quote.
(C) Past Performance (Limited to five pages)
Past performance information is evaluated as a predictor of future contract performance.
The Government will evaluate the merits of the Quoters past performance based on its performance record. The Government reserves the right to assess the past performance of quoted subcontractors. In evaluating Past Performance, the Government may consider information provided by the Quoter in its quote, as well as any other information available to the Government. The Government will use its discretion to determine the sources of past performance information used in the evaluation, and the information may be obtained from references provided by the Quoter, the agency’s knowledge of Quoter performance, other Government agencies or commercial entities, or past performance databases.
The Government requests the Quoter provides at least three related contracts/representations within the last five years. This information shall include: a short description of the work, size/magnitude in dollars, identification if work was as the Prime or Subcontractor, the dates of work performance, the name of the client and a contact phone number and email address. The information provided in the quotation should include similar contracts. Similar contracts are defined as those of similar scope, magnitude and complexity to the programs and services described in the SOW. In the case of a Quoter without a record of relevant past performance or for whom information on past performance is not available, the Quoter will not be evaluated favorably or unfavorably and will receive a neutral rating.
NOTE: Failure to furnish all information required above may result in your quotation being considered non-responsive and eliminated from further consideration.
PART II
SCHEDULE OF SERVICES
“U.S. Department of Transportation Immersive Virtual Event Platform Support (IVEP)”
The Contractor shall furnish all supplies/services to perform the tasks described under this purchase order entitled, “U.S. Department of Transportation Immersive Virtual Event Platform Support (IVEP)” in support of the mission of the Bureau.
This is an OPEN-MARKET, FFP, Set-Aside for Small Business RFQ. Quoters shall quote a total price breakdown utilizing the contract line item number (CLIN) Schedule of Services provided in Attachment 1 – Price Schedule.
PART III
STATEMENT OF WORK
Statement of Work
For
“U.S. Department of Transportation Immersive Virtual Event Platform Support (IVEP)”
1.0 Overview
This is a non-personal services contract to provide an immersive virtual event platform in support of the U.S. Department of Transportation. The Government will not exercise any supervision or control over the contract or task order service providers performing the services herein. Such service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government as defined in this Statement of Work (SOW). The Contractor shall perform to the standards herein.
The overall scope of the contract is to provide a virtual event platform license to FHWA in support of the Department of Transportation and coordinate the setup, logistics, software, and technological support for agency-wide virtual learning events. The FHWA Office of Technical Services Knowledge Management (KM) Unit is leading the effort and will work directly with the Contractor, other Operating Administrations within DOT may coordinate with the contractor and FHWA to host events under this license. It is anticipated that up to 2,700 staff will attend each day of the first virtual event (represented on the Price Schedule as the Base Contract Line Items) Additional events will be covered by the annual license and exercising of necessary option line items based on the event. Estimated timeframes of the base event are as follows:
• Kickoff, dry-run, and set up meetings shall be conducted in advance of the event (May-July 2021)
• Virtual learning event will take place over 3 consecutive days from 12:00 – 4:00 pm ET (target event date July or August 2021)
• Post-event meetings and evaluations shall be conducted after the event (August – September 2021)
Additional events covered by the annual license will be supported via execution of contract modifications that exercise the required option line items (See Price Schedule for details).
The platform shall integrate with existing FHWA meeting and webinar platforms. Additionally, the software should be able to host a self-contained event, with meeting and webinar platforms included as a single offering. Acting as a technology shell or wrapper, the immersive platform will deliver a more engaging, interactive, and accessible event experience when combined with other online meeting technologies. Features must include custom branding, virtual auditoriums (for keynotes & general sessions), exhibit halls, networking spaces, breakouts, content repositories, ability to record sessions in a connected webinar platform, accessibility/508 compliance, persistent (evergreen on-demand) and multi-use event instances, and profile-based immersive designs that mimic a face-to-face gathering. The platform will potentially be used for additional events following this pilot event.
1.1 Background
In lieu of discipline seminars in 2020 and 2021, and to take advantage of a unique learning opportunity, the KM unit is planning a multi-day, discipline-based knowledge sharing event pilot for all FHWA employees. This virtual, immersive learning event will be focused on key areas of the new administration’s transportation plan and agency priorities. In the spirit of the discipline seminars, this virtual learning event will be FHWA teaching FHWA.
The event will feature several key tracks, with a variety of sessions in each. Session leads and curricula will come from program office expertise based on the new focus areas. The virtual learning event will incorporate engagement opportunities, facilitate dialogue, provide a platform to share priorities, and encourage involvement from every employee and the FHWA disciplines.
Each day will feature keynote sessions, general sessions, breakout sessions, networking, information booths, and interactivity (public/private text chats, video chats and other messaging capabilities), in an accessible and collaborative environment. Additional events covering other topics are being considered that will generally include the same basic requirements within the scope of this Statement of Work, but may include slight differences such as increase audience size, additional support, additional virtual booths, etc. These additional requirements are represented in the Option Line Items found in Attachment 1 – Price Schedule.
1.2 Objective
The initial event (base CLINs) will be open to all FHWA employees and will achieve the following objectives:
• Provide a baseline of knowledge to all employees on critical issues
• Unite FHWA staff and offices around our new Administration’s priorities
• Help FHWA staff see where they fit in the plan
• Spur conversations across unit, discipline and program lines to increase efficiency of thought and practice
• Create a model for virtual cross-discipline knowledge sharing and peer exchanges
• Develop reference material for ongoing knowledge building
• Provide an opportunity to engage staff and garner ideas on critical topics
• Capture data on event success and viability for potential future events within the contract year
1.3 Detailed Requirements
The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the requirements of the virtual learning events. Detailed requirements are outlined below.
VIRTUAL EVENT PILOT
• One, 3-day virtual event pilot from 12:00pm – 4:00pm ET that can be accessed on-demand for up to the remainder of the 12-month contract period.
• Option to host other live events from the same event instance, with administrative controls given to FHWA to update digital signage and branding for each subsequent event.
VIRTUAL EVENT DATE INFORMATION
• Dates TBD (July/August 2021 for first event) from 12:00 – 4:00 pm ET
• Additional events will be coordinated via contract modification and exercising of applicable option line items based on the needs of the event
WEBINARS (Provided by the Contractor’s system OR integrated and/or securely-linked with FHWA webinar platforms)
• 3 keynotes to support all attendees, up to 90 minutes each.
• Up to 30 webinars to support all attendees, 60-90 minutes each.
• Webinars should be able to be run concurrently as needed.
1.4 TASKS
Task 1.4a – The Contractor shall provide the following Platform-as-a-Service (PaaS):
• An immersive Virtual Events Platform (IVEP) for a pilot event that will be LIVE for no more than 3 business days and will be on-demand (evergreen model) for up to 12-months. The virtual events platform will be able to accommodate future events if required within a 12-month performance period, with option years.
• A fully developed software environment built on a secure and scalable infrastructure, capable of providing centralized authorization, access, and monitoring of multiple virtual “rooms”, serving a wide range of geographically-dispersed users.
• A technical programming team capable and willing to work with FHWA team members to modify the IVEP with changes, as deemed necessary.
• A registration component, user profile creation and event website creation engine that can import and export key user data on request.
• Integrations with Microsoft Office 365 meeting/events platforms, Zoom, and other live streaming and events offerings. (Integration lists provided to FHWA upon request).
• An IVEP containing an intuitive, interactive interface layer for participants to engage with one another and with live and/or pre-produced content. The interface design will be profile-driven, utilizing a 2D environment, (as opposed to an avatar-based, first-person, 3D environment).
EXAMPLE 2D-VIRTUAL ENVIRONMENT DESIGN
• A variety of virtual environment rooms to include:
o Main Lobby – with multiple click states to get to other areas easily.
o Exhibition Hall – 30 Booths/Poster Sessions required. Booth reps assignable.
Calendar scheduler for booking consultations/time with booth reps.
o Theater/Main Sessions Hall – Up to 3 hours per day of main sessions.
o Help Desk Area – staffed by at least 1 Contractor during live event hours.
o Networking Lounge – an open chat/video chat area for participants o Event Document Library – an area to house all multimedia documents that
FHWA wants to make shareable during/after the live event (document repository). Should be session, booth and briefcase assignable, and permit pre-loading.
o VIP/Private/Staff Room – a chat/video chat area for speakers and staff. The area will only be accessible to designated individuals with specific credentialing.
o Webinar Virtual Environment Rooms
All hyperlinking and loading should occur within the same session when leading to other virtual rooms (i.e. no new tabs open within the browser and no participant trapping).
Virtual rooms can be entered/exited through multiple ways, as required for accessibility.
Alt-tag or mouse-over cards are also required.
• Multimedia content and meeting sessions can be accessed immediately or through the use of session timers, based on a pre-determined schedule of events.
• The ability for FHWA to assign user roles (VIP, staff, speaker, participant), groupings of data, and set metadata for each asset which allows further labeling and classification.
• Integrated, proprietary social profile-based networking and collaboration tools including personal profiles and virtual briefcases/backpacks.
• The ability to privately text and video chat 1:1 and in groups. Video chats can be accomplished through Contractor offerings or integrating FHWA webinar platforms.
• A function to capture individual metrics of sessions, total picture reporting, and downloads under the robust multimedia content library/repository.
• The ability to initiate targeted, time-bracketed content messages/announcements within multiple virtual rooms, areas, signs, banners, etc.
• A comprehensive, easily accessible search function for all content within the environment.
• The ability to create dynamic tracks and corresponding breakout sessions.
• The ability to activate an automated promotional/opening event video.
• A function to assign Admin privileges to specific individuals.
• The ability for participants to create a custom agenda before the start of the event to help navigate multiple concurrent sessions.
Task 1.4b – The Contractor shall provide a hosting environment and agrees to provide for the administrative, technical, and physical controls that meet FHWA’s hosting and security compliance needs:
• Information Security Management System (ISMS) conforms to ISO 27001, SOC 1,2, and 3 reports, and designed to align with FedRAMP-Moderate best practices to appropriately preserve privacy confidentiality, integrity and availability of information assets. The ISMS framework serves as a mechanism to appropriately identify, select, maintain, and improve information security controls that are critical to the Federal Government.
• No personal data may be processed unless this processing is done under consent, contract, public task, vital interest, legitimate interest or legal requirement. When the processing is based on consent the data subject has the right to revoke it at any time.
Single-session termination of data is browser-based.
• The contractor shall ensure auditing and logging of activities are implemented on the hosting platform. Specifically, capturing the identity of the person accessing the information or platform; the date and time that information or the platform was accessed;
and the activity requested, used, or accessed on the platform.
• Penetration testing, also called pen testing or ethical hacking, is the practice of testing a computer system, network or web application to find security vulnerabilities that an attacker could exploit. A copy of a recent pen (within the last 12-months), test must be provided to FHWA security upon request.
• The Contractor will not mine the data hosted within its cloud infrastructure. All information is owned by FHWA for use by FHWA.
• The Contractor will not share personal data with any third parties without legal reasons, such as with FHWA’s consent or to fulfill a contract, (which must be disclosed to FHWA before the execution of a contract).
• Information transferred within the service platform shall be authenticated using asymmetric cryptography SSL Data Transfers. Server-side encryption must be used to encrypt data before it is written to disk. Each object is encrypted with a unique data key.
This key shall be encrypted with a periodically rotating master key. Server-side encryption shall use 256-bit Advanced Encryption Standard AES keys for both object and master keys.
• All cookies are transmitted with HTTPS.
• FHWA can request that data be purged at any point during the contracted period with a verification of the removal of all data.
• Provide data centers that are designed to anticipate and tolerate failure while maintaining service levels. In case of failure, automated processes will restore traffic by enabling load-balancing to alternate hosting sites – providing a fail-safe of service without interruption.
Task 1.4c – The Contractor shall provide an electronic project management plan covering the essential tasks for pre, during, and post event.
• No less than 12-weeks of full project plan management.
• Project scheduling and planning in a virtual format, to include:
o Assigned tasks, tracking, risk management, etc.
o Timeline/roadmap with milestones.
o Project view through Gantt charts.
o Project status, progress and risks.
Task 1.4d – The Contractor shall provide up to 12-weeks of support and training for the event, including:
• Setup and monitor registration (per session).
• How to preload the virtual platform with all relevant content.
• How to preload pre-recorded videos and appropriate links to live webinars on session timers for scheduled sessions.
• Technical support during the event.
• Admin and booth training for FHWA staff.
• Evaluations & event analysis support
Task 1.4e – The Contractor shall provide features consistent with the Americans with Disabilities Act (ADA), Section 508 (508-compliance) and Accessibility standards required by federal law for Information and Communications Technology (ICT) procured by the Federal Government for an IVEP, including:
• Closed captioning (timed-text file uploading/syncopation)
• Capabilities for a live, manual transcription to be conducted with live or pre-recorded multimedia content and/or auto-generated captions synced with multimedia content.
• Multiple speaker video windows, simultaneously present with shared content - allowing for sign-language interpreters on camera, speakers on camera, desktop sharing, video player sharing, audio sharing, etc.
• Inclusion of telecommunications relay services (TRS) to include people who are deaf-blind and to allow communication between and among different types of relay users. This can be accomplished by allowing twisted-pair technology (analog phone)/conference line to be included within a web conferencing/webinar solution, alongside VOIP or digital audio.
• Alt-tagging of graphics/mouse-over descriptions of doorways, clickable content, etc.
• Keyboard navigation of the IVEP, with no room or window trapping.
2.0 Period of Performance
The base period of performance for this contract is 12 months after the award date, with two 12-month option periods. Each option period will cover subsequent 12 month periods.
3.0 Place of Performance
The work outlined in contract shall be performed virtually and remotely. The Contractor will operate from their facility.
4.0 Progress Meetings
The Contractor agrees to attend conference calls or MS Teams progress meetings on a weekly basis. The phone line/virtual meeting room will be provided by FHWA. The Contracting Officer (CO) or Contracting Officer’s Representative (COR) and other FHWA staff, will meet periodically with the Contractor to review the Contractor's performance. At these meetings, the CO will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
5.0 Exhibit List
5.1 Deliverables Schedule
5.1 TECHNICAL EXHIBIT 1 - DELIVERABLES SCHEDULE
This technical exhibit lists any reports or documentation that is required as a deliverable to include the frequency, number of copies, medium/format and who/where it is to be submitted.
A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.
Unless stated elsewhere, the TPOC will have 2 business days to review draft deliverables and make comments. The Contractor shall have 2 business days to make corrections and return the corrected deliverable to the government. Upon receipt of the final deliverables, the TPOC will have 2 business days for final review prior to acceptance of providing documented reasons for non-acceptance.
Deliverables/Milestones Schedule Format Submit To Kick-off call with FHWA CO, TPOC, and responsible staff
Within 7 calendar days of award date
Phone or virtual meeting
N/A
Work plan and schedule.
Document should outline next steps, due dates for event planning, registration system development, training FHWA staff, conducting live event(s), and post-event review.
Within 7 calendar days of kick-off meeting
Phone or virtual meeting
COR
Planning meetings to discuss next steps, resolve issues.
Weekly Phone or virtual meeting
N/A
Registration system goes live 40 days prior to event
Virtual COR
Site development complete – including main session, breakouts, exhibits, pre-recorded content
30 days prior to event
Virtual COR
Training of FHWA technical staff
Weekly, or as needed
Virtual COR & appropriate FHWA staff
Run through - Rehearsal of event with production and technical teams.
1 week prior to event
Virtual COR & appropriate FHWA staff
Event support Ongoing/during live event
Virtual COR
Post event data analytics – Report tracking attendance, number of downloads, engagement, and other metrics
1 week post-event Virtual COR
PART IV
FEDERAL ACQUISITION REGUALTION (FAR) [AND TRANSPORTATION
ACQUISITION REGULATION (TAR)] PROVISIONS AND CLAUSES
PROVISIONS
FAR & TAR PROVISIONS INCORPORATED BY REFERENCE
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at https://www.acquisitions.gov/far 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain
Federal Transactions (Sep 2007) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun
2020) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.212-1 Instructions to Offerors—Commercial Items (Mar 2020) 52.212-3 Offeror Representations and Certifications -- Commercial Items (Feb 2021) 1252.239-71 Information technology security plan and accreditation (Apr 2005)
FAR & TAR PROVISIONS IN FULL TEXT
52.209-7 Information Regarding Responsibility Matters (Oct 2018)
(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.
“Federal contracts and grants with total value greater than $10,000,000” means—
(1) The total value of all current, active contracts and grants, including all priced options;
and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
“Principal” means an officer, director, owner, partner, or a person having primary management https://www.acquisitions.gov/far or supervisory responsibilities within a business entity (e.g., general manager; plant manager;
head of a division or business segment; and similar positions).
(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in—
(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).
(End of provision) https://www.acquisition.gov/ https://acquisition.gov/far/current/html/52_200_206.html#wp1137850
CLAUSES
FAR CLAUSES INCORPORATED BY REFERENCE
52.252-2 -- Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at https://www.acquisitions.gov/far 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform
Employees of Whistleblower Rights (Jun 2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.212-4 Contract Terms and Conditions -- Commercial Items (Oct 2018) 52.227-14 Rights in Data-General (May 2014)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec
2013)
TAR CLAUSES INCORPORATED BY REFERENCE
The following Transportation Acquisition Regulation (TAR) clauses are incorporated by reference. The full text of the clauses can be accessed electronically at https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract
1252.223-73 Seat Belt Use Policies and Programs (Apr 2005) 1252.239-70 Security requirements for unclassified information technology resources
(Apr 2005)
FAR & TAR CLAUSES IN FULL TEXT
52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2021) Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (Jan 2021)
(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 items:
(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video https://www.acquisitions.gov/far https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1252-solicitatons-provisions-and-contract https://www.acquisition.gov/far/52.203-19#FAR_52_203_19 https://www.acquisition.gov/far/52.204-23#FAR_52_204_23 https://www.acquisition.gov/far/52.204-25#FAR_52_204_25
Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 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 items:
[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).
_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111- 117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11)
(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-3.
__ (12)
(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (Mar 2020) of 52.219-4.
__ (13) [Reserved] _X_ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/52.233-3#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.233-4#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-6#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-13#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.203-15#FAR_52_203_15 https://www.acquisition.gov/far/52.204-10#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.204-14#FAR_52_204_14 https://www.acquisition.gov/far/52.204-15#FAR_52_204_15 https://www.acquisition.gov/far/52.209-6#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/52.209-9#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/52.219-3#FAR_52_219_3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-4#FAR_52_219_4 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-6#FAR_52_219_6 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-7#FAR_52_219_7 https://www.acquisition.gov/far/52.219-8#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3
(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
_X_ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_X_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-9#FAR_52_219_9 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-13#FAR_52_219_13 https://www.acquisition.gov/far/52.219-14#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-16#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-27#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-28#FAR_52_219_28 https://www.acquisition.gov/far/52.219-29#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-30#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.219-32#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/52.219-33#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/52.222-3#FAR_52_222_3 https://www.acquisition.gov/far/52.222-19#FAR_52_222_19 https://www.acquisition.gov/far/52.222-21#FAR_52_222_21 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-26#FAR_52_222_26 https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-35#FAR_52_222_35 https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/52.222-36#FAR_52_222_36 https://www.acquisition.gov/far/52.222-37#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/52.222-40#FAR_52_222_40 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-50#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.222-54#FAR_52_222_54 https://www.acquisition.gov/far/22.1803#FAR_22_1803 https://www.acquisition.gov/far/52.223-9#FAR_52_223_9
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
_X_ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
_X_ (48) 52.225-1, Buy American-Supplies (Jan2021) (41 U.S.C. chapter 83).
_X_ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (Jan 2021) of 52.225-3.
__ (iii) Alternate II (Jan 2021) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
https://www.acquisition.gov/far/52.223-9#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-11#FAR_52_223_11 https://www.acquisition.gov/far/52.223-12#FAR_52_223_12 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-13#FAR_52_223_13 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-14#FAR_52_223_14 https://www.acquisition.gov/far/52.223-15#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-16#FAR_52_223_16 https://www.acquisition.gov/far/52.223-18#FAR_52_223_18…
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