RFQ - Web Accessibility and QA Tool - FY23.docx

Request for Quotation ED-OCO-Q-23-0001 Web Quality Assurance and Accessibility Tool

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. The solicitation for commercial services is being conducted under FAR Part 12 in conjunction with FAR Part 13. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through FAC Number/Effective Date: 2023-02/ 03/16/2023. The NAICS Code is 513210, Software Publishers, and the size standard is $47M.

The U.S. Department of Education (ED), Office of Communications and Outreach (OCO), has a need to obtain a Web Quality Assurance and Accessibility Tool. ED requires a software program or online service that shall support web content quality assurance and improve website user experience by identifying and fixing common errors like broken links, outdated content, and typos. In addition, the tool shall conduct a web accessibility evaluation to help ED determine if its web content meets accessibility guidelines. To be considered, quoted products must meet ALL the requirements identified below. The anticipated period of performance is a 12-month Base Year and one 12-month Option Year.

Web Quality Assurance and Accessibility Tool Requirements

1. General definition of requirement - SaaS web accessibility assessment and content QA tool with support for multiple domains.

1.1. The tool will run a scan at scheduled dates and times (defined intervals).

1.1.1. US Department of Education will be able to define scan intervals.

1.1.2. The tool will record a completion status for an instance of a scheduled report.

1.1.3. The tool will provide the capability for an application administrator to edit the report schedule.

1.1.4. The tool will provide the capability for the owner of a scheduled report to assign users to a report subscription (email).

1.2. Tool shall be able to provide a single report for all pages within a single domain (not necessarily including sub domains) irrespective of total site page count.

1.3. Tool should provide the ability to group and filter scan results by domain.

1.4. Within domains the tool should allow for the grouping of content into different categories based on specified meta tags, page paths, or some combination thereof.

1.5. All report views within the interface should be filterable by these defined content groups.

1.6. Tool should provide a dashboard to view results of periodic scans with information about accessibility and quality assurance (readability, misspellings, broken links, etc.) as well as the change in these measures over time.

1.7. Tool will be able to crawl sites by following seed links, from sitemaps uploaded to the tool, or from ED hosted sitemaps.

1.8. All graphical data views should have accompanying exportable reports in formats such as *.csv or *.xlxs.

1.9. The tool will provide the capability for application administrators to create and maintain user accounts within the system.

1.10. The tool should provide an Application Programming Interface (API) for Interoperability with other software.

1.11. The tool should support the option to add additional websites.

1.12. The tool should support an unlimited number of user accounts.

1.13. The tool shall provide the capability to process a minimum of 250,000 HTML pages for links, formats, responses, accessibility, and quality assurance checks.

1.14. The tool shall provide the capability to make accessibility and link checking scans of a minimum of 100,000 *.pdf documents.

2. Web content inventory – the tool will provide the capability to inventory site content.

2.1. Tool will crawl specified domains at defined intervals to build or update an inventory of web content.

2.2. Inventory will include, and be filterable by, pages, links, documents, and media files.

2.3. Inventory will include CSS and JavaScript files.

2.4. Inventory will include meta tags.

2.4.1. Inventory of meta tags will include common tags such as title tags and meta description

2.4.2. Tool will provide the ability to specify custom meta tags by which content can be assigned to different groups.

2.4.2.1. Tool will allow for a page to be included in two different groups in cases where two meta tags by which content is being grouped are present on a page.

2.5. Inventory will identify pages where an email address is displayed.

2.6. Content inventory dashboarding and reporting - the tool will provide a user interface for viewing and interacting with reports detailing site content inventories.

2.6.1. The tool will identify the number of pages, a viewable list of pages, and an exportable list of pages.

2.6.2. Tool will be able to identify specific pages added or removed since the last inventory was taken.

2.6.3. Tool will be able to provide number of pages added or removed since the last inventory was taken.

2.6.4. Tool will be able to identify specific pages added or removed since a specified date.

2.6.5. Tool will be able to provide number of pages added or removed since a specified date.

2.7. Tool will indicate the date any given page in the inventory was added to the inventory.

3. Web content accessibility assessment – the tool will make periodic automated assessments of subject sites’ accessibility.

3.1. Tool will provide scheduled scans of defined domains, as well as on-demand scans, for conformance with WCAG standards.

3.1.1. Tool will allow identification of issues by type.

3.1.2. Tool will categorize identified issues by conformance level (A, AA, AAA).

3.1.3. Tool will detail the frequency of identified issues sitewide.

3.2. Tool will allow identification of issues by page, content group, or domain.

3.3. Tool will provide scheduled scans of defined domains, as well as on-demand scans, for conformance with WAI-ARIA best practices.

3.4. Tool will provide accessibility checks of *.html pages.

3.5. Tool will provide accessibility checks of *.pdf documents.

3.6. Tool will provide accessibility checks of video files.

3.7. Tool will identify images with missing or insufficiently descriptive alt tags.

3.8. Tool will identify links with missing or insufficiently descriptive tags.

3.9. Tool will identify instances where contrast may be insufficient to ensure text is readable to users with impaired vision.

3.10. Accessibility reporting – the tool will provide a user interface for viewing and interacting with reports detailing accessibility issues

3.10.1. Reports for accessibility issues should identify the nature of the issue (ie. Applicable WCAG standard, ARIA, or custom defined best practices).

3.10.2. The tool will provide a prioritized list of errors to fix.

3.10.3. Reports for accessibility issues should be filterable by domain and content group.

3.10.4. Reports for accessibility should indicate the severity of identified issues by impact on overall accessibility or value of fixing the issue toward overall accessibility goals.

3.11. Benchmarking - tool should indicate number of accessibility issues identified over time (historical trends) in a viewable dashboard report. These data should also be exportable in *.csv, *.xlxs, or equivalent format.

3.11.1. Tool should indicate a grade or score for the extent to which subject domains in conformance with accessibility guidelines and best practices (% conformance, letter grade, x/5, etc.).

3.11.2. Reports should be filterable by values/levels such as: (1) the universe of domains included within the account; (2) specific domains; and (3) specific defined sub categories or groupings of content.

3.11.3. Tool should benchmark accessibility of overall collection of domains, domain, or content grouping within a domain against like industry sites (government)

4. Content quality assurance – the tool will make periodic automated quality checks of site content.

4.1. Link checking - Tool will build an inventory of hyperlinks within the site.

4.1.1. Tool should be able to understand links with and without appended parameters to be the same page.

4.1.2. Tool will populate a report of broken links and the pages on which those links occur.

4.1.3. Tool will generate a list of internal (within domain of page) links to a specific page.

4.1.4. Tool will generate a list of external (outside the domain of page) links to a specific page.

4.1.5. Link-related reports will be viewable by either link (URL being linked to), or by page (page on which link occurs).

4.1.6. Tool will provide a report that shows each page along with the number of links to that page from other pages within the site. This should be drillable to see the specific links to a page.

4.1.7. Tool should facilitate the identification of orphaned content (pages not linked to from other pages within the site).

4.2. Misspellings – tool should identify potentially misspelled words within site content.

4.2.1. Tool should include a pre-populated common spelling misspelling.

4.2.2. Tool should allow for the inclusion of a custom dictionary and custom list of commonly misspelled words.

4.3. Readability - tool will conduct periodic scans of site content for readability.

4.3.1. Tool will assess factors such as word choice, sentence length, paragraph lengths, and use of active voice.

4.3.2. Tool will provide a grade level-based readability score for scanned pages and documents.

4.3.3. Tool will populate a report that assesses and benchmarks overall readability of site content.

4.3.3.1. Generated readability reports will be filterable by domain, or content group.

4.3.3.2. Generated readability reports will be sortable and filterable by readability rating and type of readability issues.

4.4. Page elements – the tool will audit pages for the presence of key page elements.

4.4.1. Tool will verify that each page within a scanned domain has a unique title and will generate a report of pages with duplicate titles.

4.4.2. Tool will verify that the description meta tag is present for each page and generate a list of pages for which this value is missing.

4.4.3. Tool will have the ability to scan for the presence of custom specified meta tags.

4.4.4. Tool will verify that heading tags are present on each page and generate a list of pages for which they are not present.

4.4.5. Tool will verify that heading tags are in the correct order.

4.5. Custom content checks - Tool will provide the ability to define custom quality assurance checks specific to the Dept. of Education’s use cases. This might include, but not necessarily be limited to, specific phrases we wish to find within site content, or phrases associated with inclusive language.

4.6. FEDRAMP authorization

4.6.1. The selected vendor must be Federal Risk and Authorization Management Program (FedRAMP®) authorized.

5. Security and Privacy Requirements.

5.1. The Contractor must follow all requirements outlined in “Security and Privacy Requirements for IT Procurements”.

6. IT PROJECT MANAGEMENT LANGUAGE

6.1 Implement IT project management practices, techniques, methodologies, and standards to facilitate the efficient and effective lifecycle management of IT projects, leveraging the Department’s Enterprise Program Management Review Framework

7. TECHNOLOGY BUSINESS MANAGEMENT REQUIREMENTS (DRAFT)

7.1 The Technology Business Management (TBM) Data Report template is included as an attachment to this contract. This report shall be an annual deliverable under this contract with an as-need requirement when the distribution percentages need to be changed at the contractor’s notification. The contractor shall complete all pertinent fields of the report and provide timely delivery consistent with the August due date for the annual Capital Planning and Investment Control (CPIC) submission. The specific deliverable descriptions for the TBM sub-IT Towers and sub-Cost Pools are provided as an attachment to this acquisition (attached.)

The contractor shall review all the provided informational materials and select the sub-IT Towers and sub-Cost Pools that pertain to their particular contract. Not all IT Towers nor all the Cost Pool categories may apply to the contract. The contractor shall enter the appropriate amounts into each cell for each pertinent fiscal year. The contractor shall ignore the first IT Cost Pool for Internal Labor which pertains to Government FTE costs.

8. INFORMATION MANAGEMENT REQUIREMENTS

8.1 The purpose of this document is to impart requirements for managing and ensuring accessibility to Federal records (on any medium such as paper, systems, applications, etc.) that is made or received in connection with the transaction of Department business as part of a contract. The following requirements are divided into two sections, which are mandatory: (1) Records and CUI, (2) Accessibility requirements related to Section 508 of the Rehabilitation Act.

9. RECORDS AND CONTROLLED UNCLASSIFIED INFORMATION (CUI)

· "Federal record" as defined in 44 U.S.C. § 3301, includes all information, made or received by a Federal agency in connection with the transaction of public business. ED owns rights to all records produced as part of this contract. Any Contractor rights must be identified as required by FAR 52.227-11 through FAR 52.227-20.

· Federal records must be managed according to the applicable records management laws and regulations, to include the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), 36 CFR Chapter XII Subchapter B, and the Privacy Act of 1974 (5 U.S.C. 552a).

· Federal records which are CUI must additionally be managed in accordance with any applicable laws, regulations and government-wide policies (LRGWP) to include EO 13556, 32 CFR Part 2002, ED Directive OCIO 3-113, and NIST-800-171 Revision 2 (or current version).

· Applicability: This clause applies to all Contractors and sub-contractors (hereafter referred to as “Contractors”) and must be incorporated into all subcontracts.

· Training Requirements: All Contractors are required to take the annual Information Management Requirements training. If the contract includes CUI the CUI Identification and Marking Training is required. Additional Category or POC specific trainings may be assigned. Contractor will maintain completion certificates and provide upon request.

· Electronic Information System Requirements: Any electronic information system should address at minimum the following regulations in 36 CFR 1236.10. Agencies must incorporate controls into the system or integrate them into a recordkeeping system that is external to the information system itself (see 36 CFR 1236.20 for recordkeeping system functionalities). Information systems that process, store, or transmit CUI must fulfill the requirements outlined in 32 CFR 2002.14(g).

· Marking Requirements: The Contractor will mark CUI as outlined in Department training.

· Handling and Safeguarding Requirements: The Contractor will ensure that CUI is managed appropriately. The requirements include safeguarding, controlled environments, shipping and mailing or transporting protections, and reproduction protections (see 32 CFR 2002.14(a-e)).

· Contract Completion Requirements: Removal or destruction of records must be in accordance with assigned ED records schedule and must include written concurrence from the CO/COR. If records are removed or destroyed the Contractor must report the incident to ED immediately. Destruction or removal of records without the above requirements is subject to fines and penalties imposed by 18 U.S.C. 2701.

· Compliance with Information Protection Requirements: ED reserves the right to verify compliance with information security requirements established by this contract. The Contractor will fully comply with all ED-initiated inspections as permissible by law.

· Information Security Incidents (ISI) Requirements: Contractors must immediately report any and all suspected security incidents, breaches, and events involving ED information to ED’s Computer Incident Response Center (EDCIRC) email: edcirc@ed.gov, and ED’s Security Operations Center (EDSOC) email: edsoc@ed.gov; voice: 202-243-6550, regardless of whether the ISI is suspected, known, or determined to involve IT systems operated in support of this contract. In the event of an ISI, ED must be provided immediate access to all IT systems used in support of this contract for inspection and analysis.

10. IT ACCESSIBILITY REQUIREMENTS (SECTION 508 OF THE REHABILITATION ACT)

· Section 508 of the Rehabilitation Act, as amended by P.L. 105-220, requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Products, platforms and services delivered as part of this work statement that are or contain ICT, must conform to the Revised 508 Standards, at 36 C.F.R. § 1194.1 & Apps. A, C & D.

· Applicable Functional Performance Criteria: When using an alternative design or technology that achieves substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by conformance to one or more of the requirements in Chapters 4-6 of the Revised 508 Standards, or when Chapters 4-6 do not address one or more functions of ICT. – All requirements apply

· Applicable requirements for software features and components: All WCAG Level AA Success Criteria, 502 Interoperability with Assistive Technology, 503 Application – Applies if client server software (installed on a computer) is a part of the procurement.

· Applicable requirements to Webpage and Web Applications: All WCAG Level AA Success Criteria – Applies if websites or a web-based application (browser based) is part of the procurement.

· Applicable requirements for hardware features and components: Applies if hardware is part of the procurement. (e.g. copiers, fax machines, phones, scanner etc.)

· Applicable support services and documentation: All requirements apply.

SCHEDULE OF PRICES

Base Year: Months 1 - 12

BASE YEAR PRICE:

Option Year I: Months 13 - 24

OPTION YEAR PRICE:

Provisions and Clauses

The following FAR and EDAR provisions and clauses apply to the RFQ and any resulting purchase order.

EDAR clauses are online at http://edocket.access.gpo.gov/2011/pdf/2011-4660.pdf.

1. 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www2.ed.gov/policy/fund/reg/clibrary/edar.html

2. 52.252.-2 Clauses Incorporated By Reference (Feb 1998)

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

Education Department Acquisition Regulation (EDAR) provisions can be reviewed at http://edocket.access.gpo.gov/2011/pdf/2011-4660.pdf.

Federal Acquisition Regulation provisions and clauses can be reviewed at:

http://www.acquisition.gov/far/loadmainre.html

3. 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any (48 CFR Chapter provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End Of Clause)

4. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any (48 CFR clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End Of Clause)

5. 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)

6. 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

7. 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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".

(c) (1) Representation. The Offeror represents that it □ does, □ 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

8. 52.204-27 Prohibition on a Bytedance Covered Application (JUN 2023)

9. 52.212-3 Offeror Representations and Certifications-Commercial Items (Dec 2022)

10. 52.212-4 Contract Terms and Conditions-Commercial Items (Dec 2022)

11. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. (JUN 2023)

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

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)).

__ (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.)

X (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].

__ (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).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] __ (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)

(i) 52.219-9, Small Business Subcontracting Plan (SEP 2021) (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 (SEP 2021) 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 (SEP 2021) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (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)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (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.

__ (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.

X (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.)

__ (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.

X (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.

__ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

__ (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 (FEB 2021) (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 (FEB 2021) .

__ (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)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

X (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 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)).

(iii) 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).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xx) 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. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

12. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

13. 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 30 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 60 months.

14. EDAR 3452.224-70 Release of Information Under the Freedom of Information Act (May 2011)

15. EDAR 3452.237-71 Observance of Administrative Closures (May 2011)

16. EDAR 3452.239–70 Internet protocol version 6 (IPv6) (MAR 2011)

17. EDAR 3452.239-71 (DEVIATION) (JUN 2021) Notice to Offerors of Department Security and Privacy Requirements for Information Technology Procurements

(a) The successful offeror and any of its future subcontractors shall, at all times, maintain compliance with the most current version of Department of Education requirements as set forth in “Security and Privacy Requirements for Information Technology Procurements” posted at http://www.ed.gov/fund/contract/about/bsp.html.

(b) Performance of this contract will [x ] will not [ ] involve access to ED IT systems and/or contractor systems operated with ED data or interfacing with ED systems. For contracts that require access to ED IT systems and/or contractor systems operated with ED data or interfacing with ED systems, the Information Security Categorization applicable to each security objective has been determined to be:

(c) Performance of this contract [ ] does involve [x ] does not involve Personally Identifiable information (PII) or “Controlled Unclassified Information” as defined in 32 CFR Part 2002.4(h). The Confidentiality Impact Level of such information has been determined to be: [x ] Not Applicable [ ] Low [ ] Moderate [ ] High.

(d) Failure to comply with Department of Education Security and Privacy Requirements for Information Technology Procurements may result in a termination of the contract for default or cause. (End of Provision)

18. EDAR 3452.239–72 (DEVIATION) (JUN 2021) Department Security and Privacy Requirements for Information Technology Procurements

(a) The contractor and its subcontractors shall, at all times, maintain compliance with the most current version of Department of Education requirements as set forth in “Security and Privacy Requirements for Information Technology Procurements”…