RFQ Sole Source - Carbon Disclosure Project Data Subscriptions.docx

GENERAL SERVICES ADMINISTRATION (GSA)

OFFICE OF ADMINISTRATIVE SERVICES (OAS)

OFFICE OF INTERNAL ACQUISITION (OIA)

REQUEST FOR QUOTATION (RFQ) No: 47HAA023Q0046

CARBON DISCLOSURE PROJECT DATA SUBSCRIPTION

Office of Government-wide Policy (OGP) Office of Federal High-Performance Green Buildings (OFHPGB)

Sole-Source Solicitation to CDP North America Inc.

NAICS Code: 541620 - Environmental Consulting Services.

March 14, 2023

Questions Due by NLT 12 PM EST, Thursday, March 16, 2023 Quotations Due by NLT 3 PM EST, Monday, March 20, 2023

Table of Contents

SECTION I

1.2 Letter to Sole-Source Vendor, CDP North America Inc.

To Whom It May Concern:

The General Services Administration (GSA), Office of Government-wide Policy (OGP), Office of Federal High-Performance Green Buildings (OFHPGB) has identified a need for a Carbon Disclosure Project Data Subscription.

As such, this Request for Quotation (RFQ) is being issued to CDP North America Inc as Open Market. The RFQ summary is as follows:

(1) Statement of Work for Carbon Disclosure Project Data Subscription.

(2) Contract Type: Firm-Fixed Price

(3) Performance Period: One (1) twelve (12)-month base period and four (4) twelve (12)-month option periods.

(4) Questions Due by NLT 12 PM EST, Thursday, March 16, 2023

(5) Quotations Due by NLT 3 PM EST, Monday, March 20, 2023

All electronic quotation submissions shall only be made via email to the Contracting Officer and Specialist. Any corrupt or unreadable documents shall not be considered for evaluation purposes. Any files not received by the cut-off date and time specified herein shall be deemed late and shall not be considered for evaluation.

If you have any questions regarding this RFQ, please contact the GSA point of contact listed below.

GSA Contracting Officer (Alternate POC):

Bonnie Impastato E-mail: bonnie.impastato@gsa.gov@gsa.gov, Tel.: 202-208-4959

SECTION II Solicitation Information

2.1 General

The Government contemplates awarding one (1) single-award Firm-Fixed Price Contract in accordance with FAR Subsection 13 assuming the quotation has met, or exceeded, the Government’s requirements in the evaluation process for best value. It is expected that Vendors will submit Quotations in accordance with the procedures and requisite requirements identified in this Solicitation. This RFQ will NOT be competed.

2.1.1 Type of Award

This procurement is a sole-source procurement to be solicited via SAM.gov. This procurement shall be conducted in accordance with procedures in FAR Part 6.302.

2.1.2 Submission Information

Responses to this RFQ shall be submitted in electronic format via SAM.gov. Quotations shall not be submitted to any other parties. Vendors are hereby notified that any corrupt or unreadable documents shall not be considered for evaluation purposes. Any files not received by the cut-off date and time specified herein shall be deemed late and not considered for evaluation.

2.1.3 Format

No paper (hard copy) quotations shall be accepted. All submitted electronic documents shall be in PDF and MS Excel format. Each page in the submitted documents shall fit on 8 ½” X 11” paper size, with all text single-spaced, using font size no less than 11 points. All text and graphics shall be legible. The Technical Quotation and Price Quotation for the task/delivery order shall be separate files. No pricing information shall be included in the Technical Quotation. Page limits are not inclusive of cover page and table of contents.

The following naming conventions for the quotation documents should be utilized:

47HAA023Q0046 - Vendor Name - [Technical/Price] Quotation [DATE]

2.1.4 Minimum Requirements

Vendors responding to this RFQ shall meet the following minimum requirements. Quotations that fail to meet any one of these minimum requirements shall not be further evaluated and shall be deemed ineligible for award.

1. Submit complete quotation documentation in accordance with RFQ instructions.

2. The Government encourages forming Contractor Team Arrangements (CTAs) among contract holders

3. Quotation shall be submitted by the Team Lead, if applicable; and,

4. Quotation shall identify the SAM.gov Unique Entity ID (UEI) Number for all team members (including Subcontractors) and each shall have current System for Award Management (SAM) registration as of the time of quotation submission.

5. Vendor shall be registered in the System for Award Management (SAM) with no active exclusions.

2.1.5 Assumptions

All assumptions shall be evaluated as part of the individual factor to which they apply. The Government reserves the right to reject any quotation that includes any assumption that may impact satisfying the Government’s requirements. Option years are based on funding availability. The Government reserves the right not to exercise any option year(s) if determined to be in the best interest of the Government. Please see Section 2.3.8 of the RFQ regarding evaluation of options.

2.2 Quotation Content

Vendors are requested to provide a submission that is in accordance with the instructions in this RFQ, including the Evaluation Factors for Award section.

All vendor Quotations must include the data elements and information as follows.

2.2.1 Part 1 (Price Quotation)

The Price Quotation shall be separate from the Technical Quotation. The Price Quotation shall consist of the following:

1. Cover Letter;

2. Identification of Team Members (including Contract Lead, CTA Members, and Subcontractors, as applicable);

a. Identification of each Team Member’s SAM UEI Number, PSS Contract Number, as applicable; and,

3. Price Schedule with proposed pricing for each task identified in the Statement of Work for the 12-month base period and four 12-month option periods using attached price schedule template in MS Excel format; (Vendors may provide additional price breakdowns and explanations to support their Quoted price in accordance with the manufacturer’s commercial pricing practices).

4. Listing of any proposed discount(s) from vendors’ schedule contract prices, as applicable;

5. The vendor shall describe the overall pricing strategy and fully disclose all costs associated with the offered products and services. Backup documentation may be requested in support of GSA Schedule vendor’s price quotation. The information requested in the quotation is required to enable the Government to perform a price analysis and determine whether Quoted pricing is fair and reasonable.

6. Acknowledgement of Amendments, as applicable; and,

7. Statement that the Quotation shall remain valid for a minimum of ninety (90) days.

See attached Pricing Sheet

2.2.2 Part 2 (TECHNICAL QUOTATION)

The Technical Quotation and Price Quotation, including mandatory Price Schedule Worksheet, shall be submitted as separate volumes (file attachments). The Technical Quotation shall consist of narrative sections for the technical requirement listed under listed in the table below. Page limits for each evaluation factor are provided and are inclusive of each evaluation sub-factor.

Technical Capability

2.3 Quotation Evaluation

This acquisition will utilize the Acceptable/Unacceptable source selection method to make awards without discussions. Awards will be made on the basis of the vendor quotation meeting or exceeding the acceptability standards for non-price factors. Price is more important than technical/non-price factors.

The Government will evaluate the quotations based on the following evaluation factors, listed in the descending order of importance:

1. Price

2. Technical Capability

2.3.1 Price Quotation Evaluation

The vendor shall provide detailed pricing for all CLINs on the price schedule template and should also provide a summary of any assumptions and exclusions.

The price Quotation will be evaluated for consistency and understanding of the requirements set forth in this RFQ and Statement of Work.

GSA is seeking additional discounts under this RFQ.

2.3.1.1 Evaluation of the Price Quotation

The Government will evaluate the Quoted total price for the total period of performance (One (1) twelve (12)-month base period and four (4) twelve (12)-month option periods). Quoted price for each option period and Quoted price at each CLIN level for accuracy, consistency with the prices as approved in the vendor's price schedule and clearly demonstrated ability to fully meet the requirements as set forth in the RFQ and the Statement of Work.

2.3.2 Technical/Non-Price Quotation Evaluation

2.3.2.1 Technical Capability

The Government will assess whether the vendor is capable of meeting and/or exceeding all of the requirements as outlined in the RFQ and in the Statement of Work.

Specifically, the Government will evaluate for technical acceptability to determine that the technical requirements and/or features are fully addressed in the quotation response for Technical Capability.

2.3.2.2 Adjectival Ratings for Evaluating Technical Capability Each vendor’s technical quotation will be evaluated to determine if the vendor provides a sound, compliant approach that meets the requirements of this Statement of Work and demonstrates a thorough knowledge and understanding of those requirements.

The Government will review the vendor’s Quotation to determine the products offered meet the required specifications and features described in the Statement of Work.

Adjectival Rating Definitions for Evaluation Technical Capability

2.3.7 Best Value - Acceptable/Unacceptable Evaluation Process

Quotations must demonstrate a clear understanding of the nature and scope of the work required. Failure to provide a responsive, reasonable, and complete Quotation may reflect a lack of understanding of the requirements and may result in a Quotation receiving no further evaluation and determined ineligible for award.

Award of one (1) single-award Firm-Fixed Price will be made to the responsible vendor whose Quotation conforms to the requirements outlined in this RFQ and is determined to represent the best value to the Government in terms of technical merit and proposed price.

Vendors should note that price is more important than technical/non-price factors.

Communications:

The Government intends to award without communications. The vendor shall provide their best, complete Quotation upon initial submission. The Government reserves the right to hold communications if deemed necessary by the Contracting Officer.

Government-employee representatives from the requiring program office shall provide technical evaluation of all Quotations based on the Quotations/documentation provided. The evaluations will be based on the evaluation criteria set forth above.

2.3.8 Evaluation of Options

U.S. General Services Administration

For award purposes, in addition to the vendor’s response to the base period requirements, the Government will evaluate the vendor’s Quotation in response to all RFQ option periods. Evaluation of the option periods will not obligate the Government to exercise the options.

1800 F Street, NW Washington DC 20405-0002 www.gsa.gov

SECTION III Statement of Work

3.1 GENERAL: See attached Statement of Work.

SECTION IV Contract Level Terms and Conditions

4.1 General

The terms and conditions provided for herein are incorporated in this requirement. All order of precedence issues shall be governed by FAR 52.212-4(s), as supplemented and deviated from in GSAR 552.212-4.

4.1.1 Period of Performance: As indicated in the Statement of Work, the Government desires services for One (1) twelve (12)-month base period and four (4) twelve (12)-month option periods. Options, if determined required, shall be exercised in accordance with applicable regulations.

4.1.2 Contract: Award of the resultant Contract shall be made via a bilaterally signed SF1449. Award shall consist of mandatory Firm-Fixed Price Contract Line Item Numbers (CLINs) for the requirements covering the Base Period and four Option Years.

4.2 Contract Level Clauses

4.2.1 Contract Level Clauses Incorporated by Reference:

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses.

(a) Federal Acquisition Regulation: https://www.acquisition.gov/far/

The following clauses are incorporated by reference, and made a part of, the resultant Contract:

(a) Fill-In Date: 5 Days

NOV 1999

(a) Fill-In Dates: 60, 90

(c) 60 months

MAR 2000

52.252-2 GSAM CLAUSES INCORPORATED BY REFERENCE

The full text of a provision may be accessed electronically at: GSAM website: https://www.acquisition.gov/gsam/gsam.html

JUL 2020

FEB 2018

May 2019

SECURITY CLAUSES INCORPORATED BY REFERENCE

4.2.3 Contract Clauses Incorporated in Full Text

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 90 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed sixty months.

(End of clause)

52.517-8 - 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 Contractor within 30 days of the end of the period of performance.

52.232-19 Availability of Funds for the Next Fiscal Year (Apr 1984)

Funds are not presently available for performance under this contract beyond the base year period of performance. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the base year period of performance, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as 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 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 relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement. (1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

4.3 Individuals Authorized to Commit the Government

For purposes of the resultant Contract, only the GSA OIA Contracting Officer, acting within the scope of their warrant authority, are empowered to execute contract actions, and any necessary modifications thereto.

The Contracting Officer is the only person authorized to approve any changes in the scope of work for this requirement. In the event the contractor affects any changes at the direction of any person other than the Contracting Officer, the changes shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase of expenses incurred as a result thereof.

The Primary Contracting Officer for the Contract shall be as follows:

Bonnie Impastato E-mail: bonnie.impastato@gsa.gov, Tel.: 202-208-4959

4.4 Contracting Officer’s Representative (COR)

Any individual delegated as the Contracting Officer’s Representative (COR) under the resultant Contract shall be limited to technical cognizance and performance oversight. The COR shall not at any time execute contract actions or modifications therein. The Contracting Officer shall issue a formal COR appointment letter, to be included with the resultant Contract award package, and shall provide a copy to the Contractor. Responsibilities and limitations on authority specific to the resultant Contract shall be identified within the appointment letter. Any changes to the COR or assigned duties therein shall be made in writing by the Contracting Officer.

The Contracting Officer's Representative (COR) and/or Program Manager shall assist in monitoring the contractor’s performance. The contractor’s performance shall be evaluated by the COR and Program Manager unless otherwise required.

The COR shall contact the Contracting Officer for any changes needed on the requirement. The Primary Contracting Officer’s Representative for the Contract shall be as follows:

Patrick Dale, E-mail: Patrick.dale@gsa.gov, Tel.: (202) 208-7428

4.5 Funding and Payment

Prompt Payment Requirements: Payments will be processed in accordance with FAR Clause 52.212-4(i) Payments as supplemented and deviated from in GSAM Clause 552.212-4.

INVOICES: The Contractor shall submit billings per deliverable in accordance with the Government’s requirements in the SOW.

Submission of Original Invoices:

Invoices shall be submitted no later than fifteen calendar days following performance and/or delivery. The invoice must be accompanied by any applicable monthly status reports submitted during that period. The COR and CO shall receive a copy of the invoice and all supporting documentation. This can be done before, but no later than, the same time as invoice submission to the GSA Financial Operations and Disbursement Center.

Invoices are authorized for payment upon the Government’s receipt and acceptance of deliverables specified in the contract and the receipt of a valid invoice. Invoices, to be proper and payable, must include the following information:

1. Name and address of the Contractor, and

2. Invoice date and number, and

3. Contract/Order Number (as listed in Block 4 on Form SF1449) and Pegasys Document Number (PDN) (GD followed by [PIID Number as listed in Block 4 on Form SF1449]), any Contract Line-Item Numbers (CLINs), and the Program/Project Title (Carbon Disclosure Project Data Subscription) and;

4. Description of the services/products provided including CLIN number and description, quantity, unit of measure, unit price and extended price of the item(s) delivered; period of service and/or dates that services were provided, etc., and;

5. Name and address of the contractor’s authorized representative to whom payment is to be sent, and;

6. Name, title, and phone number of the contractor’s PoC to be notified in the event of defective invoice; and

7. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice and ensure the SAM.gov profile for the contractor is complete including the payment remittance address and bank details.

The Contractor shall submit an original invoice for payment to GSA Financial Operations and Disbursement Center.

P.O. Box 419279 Kansas City, MO

Copies of invoices shall be emailed to the designated Contracting Officer Representative (COR) that will be appointed following the award of this contract.

Copies of invoices shall be emailed to the designated Contracting Officer.

Please Note: Failure to send both copies could delay your payment.

When invoicing GSA, ensure all data listed in Items 1-7 above are present on the invoice. All invoices shall be submitted electronically. Password and electronic invoice access is obtained through VCSS, https://phdc-pub.gsa.gov/vcssregistration/.

For assistance with how to setup electronic invoicing or payment related information, please contact GSA Finance Customer Support (800) 676-3690 or kc-acctspayable.vcss@gsa.gov.

A copy of the invoice must be sent to the COR/Program Office POC, Patrick Dale at patrick.dale@gsa.gov for approval. A courtesy copy of the invoice must also be sent to the Contracting Officer, Bonnie Impastato, at bonnie.impastato@gsa.gov for the official contract file.

FINAL INVOICE: The Contractor shall submit with a GSA Form 1142- Release of Claims with submission of the final invoice at the end of the period of performance. A copy of the form should be sent via email to the Contracting Officer and COR identified as the Government POCs in the SOW.

4.6 Contractor Performance Assessment Reporting System (CPARS) GSA OIA shall prepare evaluations of contractor’s performance under the resultant Contract. In addition to a final CPARS assessment, interim evaluations shall also be completed annually. The contractor shall designate an appropriate point of contact (including name, telephone number and email) for use in registration of the resultant Contract in the CPARS system for use in completing performance assessments. Performance assessments will be routed to this individual through the CPARS portal for coordinating comments with the Contractor in accordance with FAR Section 42.1502. Any updates to the identified point of contract shall be made in writing to the Contracting Officer within five (5) business days to ensure timely update of the communication matrices housed within the CPARS portal.

4.7 Contractor Non-Disclosure Requirements and Organizational Conflict of Interest

a. Contractors may require access to program sensitive information or pre-decisional, sensitive information, and may be required to complete non-disclosure forms. The forms will restrict any use of inside information as procurement sensitive. Non-disclosure forms will be kept on file with the COR.

b. The Contractor may have access to information by virtue of their performance under this contract that could give rise to a potential (real or perceived) Organizational Conflict of Interest (OCI). Therefore, the Contractor shall ensure that it remains free from or satisfactorily mitigates any potential (real or perceived) OCI associated with this effort by providing written notice, and its proposed mitigation plan, to the Contracting Officer as soon as practicable after identifying the potential OCI. The Contracting Officer will consider the proposed mitigation plan and take whatever steps necessary to protect the Government’s best interest.

4.8 Data Security and Privacy

The contractor shall be responsible for properly protecting all information used, gathered, disclosed, or developed as a result of work under this contract. The contractor shall also protect all government data by treating information as sensitive. All information gathered or created under this contract shall be considered as confidential information. It is anticipated that this information will be gathered, created and stored within the primary work location. If 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. The information shall not be disclosed, copied, modified, used (except in completion of a Contract) or otherwise disseminated to any other person or entity at any time to include, but not limited to inclusion in any database external to GSA without GSA's expressed consent.

The use of this data is subject to the Privacy Act will be utilized in full accordance with all rules of conduct as applicable to Privacy Act Information. Personnel shall adhere to the Privacy Act, Title 5 of the U.S. Code, Section 552a and applicable agency rules and regulations.

4.9 Data Rights

The Government shall have unlimited use rights, at no additional cost to the Government, for all intellectual property developed or delivered in accordance with a Contract. This right does not abrogate any other Government rights. Anything produced belongs to the Government with no restrictions. Anything that is licensed, copyrighted to be used in deliverables to the Government must be identified prior to award of each Contract and approval made by GSA.

Government data rights of software deliverables shall be in accordance with FAR 52.227-19 Commercial Computer Software License and/or FAR 52.227-14 Rights in Data - General. Ownership of data entered into any and all systems, system documentation, all deliverables produced in the performance of this contract, and other related system information shall reside with the Government.

4.10 Facilities Security

The Federal Acquisition Regulation (FAR) Council requires that all federal entities ensure that all Contractors have current and approved security background investigations that are equivalent to investigations performed on Federal employees.

In accordance with Homeland Security Presidential Directive 12 (HSPD-12) and GSA regulations, contractor employees who required access to GSA facilities and IT systems, must receive a successful determination from the security clearance process to receive a GSA Access Card (Access Card), at the minimum, a Moderate Background Investigation with written Inquiries (MBI) is required. Successful results from the FBI National Criminal History Check (i.e., fingerprint check) portion must be received before an Access Card can be issued.

The vendor will adhere to all GSA facility security requirements and information technology security requirements. Contractor employees without government issued identification badges shall be escorted while in the Government building.

The Contractor shall return all badges to the government on the same day that an individual employee is terminated, and/or upon termination or completion of the Call Order. The Contractor shall notify the Government immediately of any lost or stolen badges.

The Government assumes financial responsibility for any fees connected to the clearance process for contractor employees and the issuance and/or maintenance fees for the Access Card.

4.11 Ad Hoc or Situational Teleworking

Sample language you may include:

The Federal telework program and policies does not cover Federal contractors. However, this does not prohibit and should not prevent contractor employees from teleworking as appropriate. This provision authorizes telework in the event of hazardous road conditions in the winter months, an office move, a COOP exercise, or an emergency. Telework arrangements for contractors should be negotiated with both the contractor's own employer and with the Contract Contracting Officer Representative and Contracting Officer so policies and procedures are in agreement with all parties. Telework agreement must be coordinated on a task by task basis as needed. Teleworking must be approved by the Contract Contracting Officer. A report of telework activities shall be submitted by the contractor employee to the contractor Program Manager for each day telework is performed. The Contractor Program Manager shall submit the report to the Contract Contracting Officer and Contract Contracting Officer Representative by the end of each telework day.

4.12 Copyright Notice

The Contractor shall place the following copyright notice on all materials, documents, deliverables, etc. developed during performance of this contract.

This work, authored by [contractor name] employees, was funded in whole or in part by federal funds under U.S. Government contract [number] and is, therefore, subject to the following license: The government is granted for itself and others acting on its behalf a paid-up, nonexclusive, irrevocable, worldwide license in this work to use, reproduce, modify, prepare derivative works, disclose, distribute copies to the public, and perform publicly and display publicly, by or on behalf of the government. All other rights are reserved by the copyright owner.

For purposes of clarity, the intent of the government is for intellectual property to be vested in the Federal Government for work paid for by the Federal Government. All documents, graphics, and code created under this contract are the intellectual property of the Federal Government including, but not limited to, plans, reports, schedules, software code, software designs, graphics, etc. In the event that the Federal Government implements under this contract open-source software and pays for the cost of the implementation of open-source software, the final changes and edits to the code and configuration (such as work to integrate plug-ins) are the intellectual property of the Federal Government.

SECTION V Contract Price Schedule

5.1 GENERAL: Vendors shall prepare their price quotations for the Contract using the attached Price Schedule template in MS Excel format. Vendors must ensure that their price quotations include proposed pricing for all tasks, CLINs, and deliverables as set forth in the Statement of Work.

Price quotations that do not conform to the format in the attached Price Schedule template may be rejected and receive no further consideration for award purposes. Vendors shall indicate clearly only labor categories and associated hourly rates as set forth for this requirement.

image2.png