RFQARC512005200004.pdf

RFQARC512005200004

This solicitation is made by Fiscal Service Procurement on behalf of The Bureau of the Fiscal Service’s Administrative Resource Center (ARC) to Women Owned Small Business vendors for a 5-Day Oracle Apex Development Utilizing ORDS Training as described in the Performance Work Statement. This requirement is a 100% Women Owned Small Business set-aside under NAICS code 611420.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation document and incorporated clauses are in effect through Federal Acquisition Circular 2020-8.

The government anticipates awarding a firm-fix-priced delivery order resulting from this solicitation to the Lowest Priced, Technically Acceptable (LPTA) vendor.

See the attached Performance Work Statement (PWS) for details.

https://www.acquisition.gov/far/part-12#FAR_Subpart_12_6

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 address: https://www.acquisition.gov/far

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND

AUTHORITY (APR 2015)

1) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

2) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

3) Technical direction must be within the scope of the contract specification(s)/work statement. The

COR does not have authority to issue technical direction that:

a) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

b) Constitutes a change as defined in the clause entitled “Changes”;

c) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

d) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

e) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

f) Directs, supervises or otherwise controls the actions of the contractor's employees.

4) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

5) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

6) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered during the evaluation of past performance.

https://www.acquisition.gov/far

1052.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS. (ALTERNATE II)

(DEVIATION 2016-00001) (APR 2018)

(e) Definitions.

(2) As used in this clause, "Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data, but they may apply to any supply or service. The term applies-

(i) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation;

(ii) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause,

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or

"browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the CSA.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(w) Commercial supplier agreements - unenforceable clauses. When any supply or service acquired under this contract is subject to a CSA, the following language shall be deemed incorporated into the CSA. As used herein, "this agreement" means the CSA:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the Government for the acquisition of the supply or service that necessitates a license (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the Government to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in paragraph

(d) of this clause.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the Government. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the Government, will be resolved through paragraph

(d) of this clause; no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.

(C) Any audit requested by the commercial supplier or licensor will be performed at the commercial supplier’s or licensor’s expense, without reimbursement by the Government and must be performed within the parameters of the Government’s security procedures.

(D) The Contractor must notify the Contracting Officer of any audit request.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the underlying contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under paragraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price, as applicable, shall be deemed "confidential information." Issues regarding release of "unit pricing" will be resolved consistent with the Freedom of Information Act.

Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes;

provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1) of this clause, the language, provisions, or clause of paragraph (w)(1) of this clause shall prevail to the extent of such inconsistency.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM (DPAS) – NOT APPLICABLE

SECTION 508 COMPLIANCE

All electronic and information technology (EIT) procured must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended.

In accordance with the above contractors must ensure that all EIT that they provide either: (1) meets the technical provisions of the Section 508 Access Board Standards applicable to a given procurement (see below); or (2) uses designs or technologies as alternatives to those prescribed in the specified technical provisions, provided they result in substantially equivalent or greater access to and use of a product for people with disabilities.

The following standards have been determined to be applicable to this order:

1194.21 Software applications and operating systems.

X 1194.22 Web-based intranet and internet information and applications.

1194.23 Telecommunications products.

1194.24 Video and multimedia products.

1194.25 Self-contained, closed products.

1194.26 Desktop and portable computers.

1194.31 Functional Performance Criteria

X 1194.41 Information, Documentation and Support

The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

LAPSE FUNDING

In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website:

https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ . It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.

1052.232-7003 Electronic Submission of Payment Requests (APR 2015)

1) Definitions. As used in this clause—

a) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

2) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

3) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/ http://www.ipp.gov/

4) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting

Officer’s written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS (IPP)

For payment and invoice questions, go to https://arc.fiscal.treasury.gov/ipp/fsippqrg.htm or contact Accounts Payable at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to EFT: If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an electronic funds transfer (EFT). This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

MARKING OF SHIPMENTS

The Contractor shall ensure the order number is clearly visible on all shipping/service documents, containers, and invoices.

Attachments

Attachment A: Security Requirements Attachment B: Security Rules of Behavior Attachment C: Non-Disclosure Agreement Attachment D: Security Controls Rules of Behavior Attachment E: Pricing Spreadsheet https://arc.fiscal.treasury.gov/ipp/fsippqrg.htm mailto:AccountsPayable@fiscal.treasury.gov

PERFORMANCE WORK STATEMENT

Oracle APEX development utilizing ORDS TRAINING COURSES

U.S. TREASURY, BUREAU OF THE FISCAL SERVICE

1.0 OVERVIEW & BACKGROUND

The Administrative Resource Center (ARC), a part of the U.S. Department of Treasury's Bureau of the Fiscal Service, provides a full range of administrative services for various Federal agencies. ARC is an Office of Management and Budget (OMB)-approved "Center of Excellence for Financial Management."

ARC utilizes the Oracle Federal Financials and Service Oriented Architecture for the Financial Management Line of Business.

2.0 OBJECTIVE/SCOPE OF WORK

The Contractor shall conduct a 5 day Oracle APEX development utilizing ORDS training course, using Oracle APEX version 19 or above. This course is designed to provide staff with knowledge of how to design, develop, configure, debug, secure and deploy Oracle APEX applications that utilize Oracle Rest Data Services (ORDS) for information retrieval and processing.

The Contractor’s curriculum shall be based on current technology and applicable to federal laws and regulations. The Contractor shall update course materials as technology and laws change.

3.0 DESCRIPTION OF TRAINING COURSES

The Contractor shall provide the instructor and all course materials and shall conduct the training. This course shall be in a virtual classroom training format. Virtual classroom must be provided from a U.S.

location and via a method approved by the government. The virtual classroom training must accommodate up to 25 participants. This course will help participants:

• Learn how to create an Oracle Rest Data Service (ORDS) for retrieving and processing information by the APEX application. This will also include learning how to make calls to other external databases utilizing the same ORDS.

• Learn to develop APEX applications which utilize ORDS, including:

o Creating workspaces, also including best practices for organizing applications within workspaces o Creating a database application o Creating Forms that utilize items, buttons, pages and regions o Adding navigation to pages o Utilizing templates o Reading and writing files o Reading and Updating other external databases thru ORDS o Managing application sessions o Best practices for code sharing and re-use, also including creating Dynamic

Actions and Plug-ins o Debugging applications o Overview of creating interactive reports, including creation of charts

• Learn how to implement security for both the APEX application and the ORDS services which are accessed by the APEX application. This should also include:

o Grants needed for accessing needed databases o Utilizing session security from an ERP system (i.e. Oracle Federal Financials) for securing pages and information access

• Learn best practices for how to optimize scalability and performance with APEX and

ORDS.

• Learn how to deploy APEX applications and ORDS to a development environment. In addition, learn how to promote the application and associated ORDS components seamlessly to another environment utilizing command line scripts.

This course shall be based on Oracle APEX version 19 or higher. The class participants shall use individual laptops to participate in the training room or virtual classroom training. The employee laptops have 16gb of RAM. The training must be given such that the laptops do not require the installation of unapproved software.

A meeting with the contractor shall be conducted after award to discuss any other technical considerations and software needed prior to the training class. This will include configuration of the computers utilized for the training.

4.0 DATES OF TRAINING COURSE

Number of Sessions: 1 Course Length: 5 days

Preferred Dates: November 16th, 2020 through November 20th, 2020

5.0 LOCATION OF FISCAL SERVICE TRAINING SITE

Training shall be provided virtually.

6.0 COURSE BEGINNING AND ENDING TIMES

The Contractor shall conduct the courses beginning at 8:00a.m.ET and ending at 4:30p.m.ET. A 15 minute break is required during each morning and afternoon session. In addition, a lunch period of one hour is required.

The instructor shall not deviate from this schedule without prior approval from the COR and/or the Contracting Officer (CO). Early dismissal on the last day of class to accommodate the instructor’s travel arrangements will not be acceptable.

7.0 CONTRACTOR QUALIFICATIONS/FURNISHED CLASSROOM SUPPLIES

a. A fully qualified Instructor shall provide this training. The instructor shall be a U.S. Citizen.

Security screening requirements apply. They must possess the ability to fluently read, speak, write and comprehend the English language. Each instructor shall have a minimum of two (2) years of instructional experience in the last three (3) years and a minimum of five (5) instructional instances in the specified course content. The instructor shall be skilled in techniques of classroom presentations for the adult Iearner. The instructor must have provided training on Oracle APEX utilizing ORDS at least 5 previous occasions successfully.

b. The Contractor shall provide EDB with a list of support equipment, software to be loaded and other classroom supplies that are expected to be provided by the Government at least two (2) weeks prior to the start of the course.

8.0 COURSE WORKBOOKS

Instructional materials for the course shall be received by the COR at least two (2) weeks prior to the starting date of the course. The course materials may also be provided online and available during the training class. These materials may be emailed to the COR, to be determined, or the Contractor shall mail via FedEx or UPS these materials to the following address:

Public Debt Warehouse and Operations Center ATTN: To Be Determined, Room 116 257 Bosley Industrial Park Drive, Dock 1

Parkersburg, WV 26101-5312

9.0 GOVERNMENT-FURNISHED ITEMS

a. The Government shall provide the following:

(1) Employees with computers

(2) Evaluations (to be retained by Fiscal Service)

10.0 ACQUISITION TYPE

This requirement will result in a firm fixed-price delivery order. The fixed-price delivery order will be all inclusive of instructor's fees, materials and travel costs (if necessary).

11.0 COURSE SIGN-IN SHEETS & EVALUATIONS

At the beginning of each day, the contractor shall keep attendance on a virtual sign-in sheet. The contractor shall return this sign-in sheet to the Training and Organizational Development Branch COR, or other on-site point of contact, upon course completion. The COR, or on-site point of contact, will supply course evaluations for the participants to complete and will provide the contractor a copy of the evaluations received.

12.0 KEY PERSONNEL REPLACEMENT PROCESS

Key personnel may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or remove key personnel. A formal modification is only required when the key personnel are specifically named in the contract. This process only applies to the extent that the contract does not otherwise specify notice or personnel replacement obligations.

Government Request

The Government may require replacement of key personnel in the instance of non-performance, misconduct, or alleged misconduct whose continued use under a contract is contrary to the best interests of the Government. Circumstances that support a request for replacement include but are not limited to performance that is inconsistent with the contract performance work statement (PWS), terms and conditions, or violations of Federal laws, regulations, or agency conduct standards. The Contracting Officer’s Representative (COR) will give written notice to the Contractor of the need for substitution, including the circumstances surrounding the request for replacement. In accordance with FAR Part 1.602- 2(b), the Contracting Officer (CO) will ensure the Contractor receives impartial, fair, and equitable treatment;

however, the CO is not required to investigate or validate allegations or wait until a final resolution of the circumstances surrounding the request for replacement before requiring substitution of key personnel.

Within twenty four (24) hours of receiving notice, the Contractor shall respond to the Government’s request to replace key personnel and provide key personnel replacement resume(s) to the COR(s). The resume(s) shall demonstrate that the qualifications of proposed replacement key personnel meet the qualifications stated in the PWS. The COR will notify the Contractor, in writing, within forty-eight (48) hours of receiving key personnel replacement resume(s) if the Contractor provided replacement personnel is acceptable. The Government reserves the right to disapprove the proposed substitute(s) and negotiate with the Contractor for other key personnel replacement(s). Any Contractor replacement of key personnel must be done in consultation with the COR. The process for replacing key personnel as described above does not suspend the Contractor’s obligation to continue performance under the contract.

Contractor Request

If the Contractor must substitute key personnel, the Contractor shall provide written notice to the COR and the CO two (2) calendar weeks before the proposed replacement date, whenever possible. At a minimum, the Contractor shall provide the Government with notice forty-eight (48) hours before replacement. The only exception to the forty-eight (48) hour notice is death, incapacitation, abrupt termination, or resignation from employment of key personnel where the Contractor’s notice was less than forty-eight (48) hours. If the deadline for providing notice falls on Friday after 5:00 pm, a weekend, or on a Federal Holiday, the Contractor shall provide notice the next business day if more than forty-eight (48) hours. The notice shall state the circumstances necessitating the proposed substitution of the key personnel and shall provide resume(s) of proposed replacement key personnel for review and consultation. The Contractor shall demonstrate that the qualifications of the proposed substitute(s) meet the qualifications stated in the PWS.

The Government reserves the right to disapprove the proposed substitute(s) and negotiate with the Contractor for other key personnel replacement(s). Assignment of key personnel must be done in consultation with the COR.

13.0 OTHER REQUIREMENTS

Building Access and Suitability Clearance

Upon award of the contract, and prior to the contractor or subcontractor personnel performing any services for the first time at Fiscal Service premises as listed in Section 5.0 – Location of Fiscal Service Training Site, the contractor shall present those personnel to the COR and follow the COR’s instructions regarding building access and security requirements. See Attachment A – Security Requirements for details.

Compliance with Government Laws, Rules, and Regulations

While the contractor’s personnel are at the Government’s facility, the contractor is responsible for compliance with all laws, rules, and regulations governing conduct with respect to health and safety – not only as they relate to its employees and agents, but also to other personnel who are Government employees or agents of the Government and to property at the site regardless of ownership. While on Government premises and in possession of Government property, the contractor is responsible for such property and any damages thereto.

Non-Personal Services Statement

Contractor employees performing services shall be controlled, directed and supervised at all times by management personnel of the contractor. Contractor employees shall perform independent of and without the supervision of any Government official with the exception of when they are on–site at the government’s facility. Actions of contractor employees may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the U.S. Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR).

Conduct

The contractor, although in fact not a Government employee, shall comply with Executive Order 11222, May 8, 1965, "Prescribing Standards of Ethical Conduct for Government Officers and Employees," and shall also comply with Fiscal Service regulations implementing this Executive Order. Additionally, the contractor shall comply with all safety practices, vehicle registration, speed limits and any other Fiscal Service regulations and policy applicable to conduct standard. Contractor personnel driving a motor vehicle on Fiscal Service property cannot use a cell phone unless the vehicle is safely parked or the driver is using a hands-free device. Additionally:

1. The contractor shall maintain satisfactory standards of the employee competency, conduct, appearance, and integrity.

2. The contractor shall take appropriate disciplinary action against his/her employees when necessary.

3. Each contractor employee is expected to adhere to standards of conduct that reflects credit on themselves, their employer and the Government.

4. The Government reserves the right to direct the contractor to remove an employee from the work site for failure to comply with the standards of conduct.

5. The contractor shall initiate immediate action within 48 hours to replace a removed employee to maintain continuity of services at no additional cost to the Government.

14.0 CONTRACTING OFFICER AUTHORITY

In no event shall any understanding or agreement between the contractor and any Government employee other than the CO on any order modifications, change orders, letter or verbal direction to the contractor be effective or binding upon the Government. All such actions shall be formalized by the proper contractual document executed by the appointed CO. The contractor is hereby put on notice in the event a Government employee other than the CO directs a change in the work to be performed or increases the scope of work to be performed; it is the contractor’s responsibility to make inquiry of the CO before making the deviation.

Payments will not be made without being authorized by the appointed CO with the legal authority to bind the Government.

15.0 FEDERAL HOLIDAYS

Fiscal Service observes the Federal holidays that are listed below and on the Office of Personnel Management website at https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/holidays-work-schedules-and-pay/. Except as specified by the CO, services shall not be required on the following Federal holidays:

New Year’s Day, January 1 Inauguration Day (Washington, DC only), January 20

Martin Luther King’s Birthday, third Monday in January President’s Day, third Monday in February

Memorial Day, last Monday in May Independence Day, July 4

Labor Day, first Monday in September Columbus Day, second Monday in October

Veterans’ Day, November 11 Thanksgiving Day, fourth Thursday in November

Christmas Day, December 25

Holidays falling on Saturdays are observed the Friday proceeding the holiday, while those falling on Sundays are observed on the Monday following the holiday. Holidays shall also include any additional day(s) granted by executive order.

16.0 QUALITY ASSURANCE SURVEILLANCE PLAN

The purpose of the QASP is to ensure reliable, uninterrupted services are provided in accordance with the PWS. This plan will also ensure acceptable performance and assist in avoiding unnecessary mistakes and/or delays.

During contract performance, the COR may evaluate the skills of any & all instructors in the following manner:

1. The COR will monitor the course to review and confirm the skills of any & all instructor(s) and to assess overall performance and effectiveness. The instructor's effectiveness will be evaluated using the following criteria:

• Knowledge of subject objectives and content https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/holidays-work-schedules-and-pay/ https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/holidays-work-schedules-and-pay/

• Ability to convey subject matter logically to participants

• Ability to meet the objectives of the course

• Classroom management

• Communication skills

• Ability to actively involve participants in learning experiences to reinforce lecture and course material

2. The COR will assess the evaluations completed by the course participants, paying particular attention to the ratings given to the course itself and the instructor.

If the Government evaluations identify significant quality or qualification problems, the contractor shall be notified within seven (7) days. At the Government's discretion, either:

• the contractor shall be expected to provide, at no additional cost to the Government, the subject course with a fully qualified instructor, or

• the contractor shall be asked to reduce price of contract, or

• the award may be terminated for cause.

Incentives/Disincentives/Performance Issues

Incentive: If the contractor performs the tasks and deliverables in accordance with performance standards, then satisfactory comments/ratings will be documented on the contractor’s past performance.

Disincentive: If the contractor does not perform the tasks and deliverables in accordance with performance standards, then unsatisfactory comments/ratings will be documented on the contractor’s past performance.

Performance issues: If the Government evaluations identify unacceptable performance in any of the above categories, the COR will record it and notify the contractor within three (3) business days. The contractor will be required to initial the observation. Initialing of the observation does not constitute contractor concurrence with the observation; it only indicates acknowledgement that the contractor has been made aware of a potential performance issue(s). The contractor shall meet with the Government for developing and implementing a plan to correct any performance issue(s) at no additional cost to the Government. If the contractor does not agree with correcting the unacceptable performance issue(s) within the time specified by the Government, then the COR will notify the administrative contracting officer(ACO), who will take the appropriate administrative action for unacceptable performance.

17.0 SECURITY REQUIREMENTS

The Contractor personnel performing services under this order shall comply with all of the security requirements listed in Attachment A – Security Requirements.

PROVISIONS

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: https://www.acquisition.gov/far/

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

1) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

2) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

3) Representation. The offeror represents that—

a) It □ is, □ is not an inverted domestic corporation; and

b) It □ is, □ is not a subsidiary of an inverted domestic corporation.

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (JUN 2020) (DEVIATION 2018- 00002)

NOTICE TO FIRMS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

In accordance with FAR 9.405, offers are not solicited from firms debarred, suspended, or proposed for debarment. Ineligible firms shall consider this an informational copy only.

52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Aug 2018)

QUOTATION INSTRUCTIONS

The Offeror assumes full responsibility for ensuring all electronic materials and attachments submitted are formatted in accordance with the Bureau of the Fiscal Service Security Requirements. The following file extensions are not allowable and application materials/data submitted with these extensions cannot be considered:

.bat, .cmd, .com, .exe, .pif, .rar, .scr, .vbs, .hta, .cpl, html, mhtml, and .zip files

The Government does not allow 3rd party messaging systems/secure mail, other than when authorized by the Government. In those cases, the Government's 3rd party message system will be used when requested.

Microsoft Office non-macro enabled compatible documents and PDF documents are acceptable. If the Offeror determines that other formats are necessary, it is the Offeror’s responsibility to verify with Fiscal Service that those formats are acceptable. Proposal materials with unacceptable or unreadable formats may be found non-responsive.

In addition to the items specified in the solicitation provision above, the following information is necessary toenable proper evaluation:

Offerors shall, in relation to providing clear and sufficient information that their personnel meet the minimum qualifications stated in the PWS/SOW/SOO:

1. NOT send by email a copy of an identification card with a photograph such as a driver's license, social security card, or passport, or prior government security clearance documents, etc., and

2. NOT include their physical home and mailing address, social security number, etc. in their supporting resumes and education attainments.

a. Mark out with permanent black marker their physical or mailing address in their educational attainments, leaving the individual’s name on the document(s).

3. NOT include any information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual that would be considered Personally Identifiable Information (PII).

a. Examples are, but not limited to, education attainment documents that contain the individual’s name and home address, financial transactions, medical history, and criminal or employment history and information; which can be used to distinguish or trace an individual’s identity, such as their name, social security number, national ID number, date and place of birth, mother’s maiden name, biometric records, photograph, physical home and/or email address, phone number, driver’s license, etc., including any other personal information which is linked or linkable to an individual.

Offeror’s Contractual Information

1. Price shall be shown in U.S. dollars with a maximum of two decimal points.

2. Include the following:

a. Per unit and extended pricing for each item.

b. DUNS #

c. Invoice Terms

d. Payment Terms

e. Completed specifications and details of the product and/or service being offered:

Course material Outline Instructor resume

52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

Award will be made to the offeror with the lowest priced, technically acceptable quote. Technical acceptability will be determined by comparing quotations with the requirements of this solicitation.

It is the Government's intent to evaluate the lowest priced offeror first. If the offer is determined to be technically acceptable all other offers will not be evaluated. If the lowest priced offeror is determined to not be technically acceptable, the next lowest priced offeror will be evaluated and so forth.

52.212-3 Offeror Representations and Certifications-Commercial Items (Aug 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204- 25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. “Sensitive technology”—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity…