Request_for_Quotation_1194345-_Exari_or_Equal.pdf

Request for Quotation 1194345 Exari DocGen (or equal)

Software Licenses & Maintenance

U.S. Food and Drug Administration Center for Drug Evaluation and Research (CDER)

Exari - DocGen (or equal) Communication Template Tool Software Licenses

Contract Type

The contract type is firm-fixed-price

Pricing Schedule

Deliverable Quantity/Frequency Unit Price Total Price Base Period - Exari DocGen Concurrent User and Power Author or equal communication template tool software Licenses

Solution capable of supporting 200

Concurrent DA Users

Option Year 1 - Exari DocGen Concurrent User and Power Author or equal communication template tool software Licenses

Solution capable of supporting 200

Concurrent DA Users

Option Year 2 - Exari DocGen Concurrent User and Power Author or equal communication template tool software Licenses

Solution capable of supporting 200

Concurrent DA Users

Option Year 3 - Exari DocGen Concurrent User and Power Author or equal communication template tool software Licenses

Solution capable of supporting 200

Concurrent DA Users

Option Year 4 - Exari DocGen Concurrent User and Power Author or equal communication template tool software Licenses

Solution capable of supporting 200

Concurrent DA Users

Total $

1. Background The Food and Drug Administration (FDA) is responsible for protecting the public health by assuring the safety, efficacy and security of human and veterinary drugs, biological products, medical devices, the nation’s food supply, cosmetics and products that emit radiation. FDA is also responsible for advancing the public health by helping to speed innovations that make medicines more effective, safer, and more affordable and by helping the public get the accurate, science-based information they need to use medicines and foods to maintain and improve their health.

The FDA Center for Drug Evaluation and Research’s (CDER) mission is to promote, safeguard, and enhance the health of the American public through drug evaluation and research. The primary goals of CDER are to promote and protect the public health by ensuring that safe and effective drugs are available to the American public in a timely manner. CDER’s principal responsibility is the statutory regulation of prescription drugs, biological therapeutics drugs, over-the-counter drugs and generic drugs. CDER evaluates all new drugs before they can be marketed to the public and serves as a consumer watchdog for the more than 10,000 drugs that are currently on the market, ensuring that these drug products continue to meet the highest standards. CDER also plays a critical role in providing health professionals and consumers information to use drugs appropriately and safely and that the health benefits outweigh known risks.

Currently, the 400+ communication templates are maintained in MS Word and housed within a dedicated eRoom and SharePoint. As the templates continue to increase in both quantity and complexity, it is becoming more inefficient to manage the templates using existing tools. The current combination of software (MS Word and eRoom and SharePoint) used by the CDER Standard Template (CST) Committee to manage the communication templates presents the following challenges:

• Templates are difficult to manage and maintain due to updating inefficiencies (i.e., manually copy-pasting changes to multiple affected templates) and lack of a mapping document that identifies affected and/or overlapping language, resulting in language inconsistencies and/or inaccuracies across letters; and

• Templates that are not user-friendly due to unclear choice options and/or inter-dependencies, unclear instructions, and inconsistent formatting that is difficult to read, understand, and remove.

Many of these templates include the same standard paragraphs, making maintenance a tedious and time consuming manual task. A long-term solution for template management is needed, where the templates and common paragraphs are maintained in a single place.

In 2013, CDER initially purchased 40 licenses for Exari DocGen, a COTS software, to assist with creating and managing communication templates.

2. Objective Goals of the communication template management include:

• Facilitate accurate, consistent, and clear communication with industry; ensuring regulations are properly presented, especially important in cases of legal implications.

• Guide staff through critical review and decision making processes while ensuring appropriate documentation for future reference.

3. Scope The purpose of this order is to procure Exari DocGen Concurrent User and Power Author, or an equal Communication Template Tool software Licenses with maintenance and support. These licenses shall support up to 200 concurrent DA users. The solution shall support the FDA’s Center for Drug Evaluation and Research (CDER).

If the Quoter is not proposing the brand name solution specified above, the proposed product shall meet the following salient, functional characteristics outlined in Section 4 in order to be considered for award:

4. Requirements

4.1 Software requirements

4.1.1 Salient Characteristics

In order for a Quoter’s solution to be deemed acceptable, the solution must meet the following salient characteristics:

• Ability to effectively and efficiently manage communication templates, including letters, forms, and reviews, as well as a restricted area accessible only to designated users.

• Ability to allow no less than 15 specialists to configure communication templates to meet regulatory review requirements for official documentation.

• Ability to allow no less than 15 specialists to configure communication templates which output into Microsoft Word and Adobe.

• Ability to allows no less than 15 specialists to configure question-based document assembly; smart forms that guide the users in making the appropriate selections and entries to develop required document output.

• Ability to allow question-based document assembly; smart forms that guide the users in making the appropriate selections and entries to develop required document output.

• Ability to maintain standard text and reuse of text; the tool should allow for identical text to be maintained in one common location.

• Ability to allow form field customization; the system should guide users to fill in the blanks, pulling data through to identical fields.

• Ability to perform document management and support simultaneous users; the solution should include a shared workspace where multiple users can work on a single document at one time.

• Ability to integrate with FDA standard software: Microsoft Windows, Word, SharePoint, Oracle, and WorkFront.

• Ability to handle smart template generation of approximately 20,000 projects annually at the center, office and division level with the ability to accommodate a minimum of 200 concurrent users.

• Ability to have “on site” licensing structure i.e. the software shall be downloadable to the FDA servers.

• Ability to support role-based security access control.

• Ability to operate via Web-based user interface.

• Ability to provide version control.

• Ability to provide audit trails for actions that users perform.

• Ability to provide standard Application Programming Interfaces (APIs) that enable ease of integration with standard products such as SharePoint and legacy FDA applications.

• Ability to provide integration with Documentum and Oracle Business Intelligence Enterprise

Edition OBIEE.

• Ability to provide read-only integration access to the software’s database for real-time data extraction

• Ability to delivery of On-premise version of the software

4.1.2 Licensing and Support

The Quoter shall provide a licensing solution and software support and maintenance to meet CDER’s needs which are expected to grow to approximately 6,000 users within the next twelve (12) months.

Help Desk Support should be provided either online or by phone. The Help desk support should be available at a minimum Monday-Friday 8am-5pm Eastern and support both the developer licenses and the use licenses. Licenses shall encompass an external help desk and online services including education courses, tips and tricks, computer based end user virtual training, user guides, beta program, methodology templates, white papers (documenting trouble shooting processes), sample reports and views. The training should be offered as instructor led or virtual and support the developer licenses. The white papers may include how the software is used in different industries and show specific tool utilization. The Quoter shall also provide software patches and upgrades and ensure that the product can be installed and maintained in the FDA Environment. Licenses should be provided for the base year and include four additional option years.

4.2 Technical Environment

The Contractor shall ensure that products provided on this order are fully compatible with the existing technology in FDA’s environment. For the purposes of this order, compatible means that there will be no communication, integration, performance, maintainability issues in the interconnection of solutions with different configurations or workstation platforms within FDA.

The FDA’s current technical environment includes the following:

4.2.1 White Oak Infrastructure Architecture (WODC)

Each of the WODC Presentation, Application and Data Zones, as well as their supporting enclaves (i.e.

zone, segment or sub-segment) is defined as follows and displays the following characteristics:

core/distribution infrastructure that includes dedicated, redundant firewalls, switches, and optional load balancers, with the exception of the Data Zone, to ensure consistent and scalable infrastructure services for applications that are deployed into each Zone.

The Contractor will work with the virtual server environments staff to ensure accommodation of their individual configuration and access needs to the common server hardware wherever possible for each application deployment in the zone enclaves.

4.2.2 CHDC Infrastructure Architecture

The Contractor Hosted Data Center, also known as the Ashburn Data Center, provides support for the FDA’s main Development, Upgrade, Production and Pre-Production environments. Upon approval and authorized configuration of the selected software tool, CDER anticipates the Contractor to work within all the environments listed within CHDC. CHDC adheres to the same multi-zone architecture as in WODC and the zones are scaled according to their specific computing requirements.

4.2.2.1 Development Environment

The Development Environment provides the Development Team with a stable working environment with maximum privileges, and is used to perform code unit testing. The servers for this environment are available in a virtual environment in the data center at the FDA White Oak, MD campus. This is the only environment permitted to conduct development activities. CDER anticipates limited development activity under this order, except for enhancements required to tailor the individual project management and workflow needs of individual offices at CDER.

In the Development Environment, FDA CDER will leverage the Workfront Multi-Tenant capability to establish a Development and Test environment to meet the FDA EPLC standards.

4.2.2.2 Pre-Production Environment

The Pre-Production environment resides on a physical server and will be available to the Contractor via virtual servers, in a cloud configuration in a hosted data center in Ashburn, VA and is configured as closely as possible to match the Production Environment. User Acceptance Testing (UAT) and Performance Testing take place in the Pre-Production environment. The end users will designate a team of UAT user accounts that are maintained in this environment.

In the Development Environment, FDA CDER will leverage the Workfront Multi-Tenant capability to establish a Pre-Production and Training environment supporting the FDA EPLC standard and FDA CDER platform training initiative.

4.2.2.3 Production Environment

The Production environment is on a physical server and will be available to Contractors on virtual servers in a cloud configuration in a hosted data center in Ashburn, VA.

4.2.2.4 Upgrade Environment

The Upgrade environment is configured as closely as possible to match the Production Environment. The Upgrade Environment provides’ the Panorama Team with a stable working environment with maximum privileges, and is being used to perform testing of newer Workfront versions. The servers for this environment are available in a virtual environment. This is the first environment that will be used to conduct integration testing with new Workfront versions to assess capability with current production released functionalities.

4.2.3 Current State of the CDER Software Environment

The following table illustrates the CDER technical environment and the software being used.

Server Operating Systems Linux Red Hat 6.7 Red Hat Enterprise Linux Server release 6.9 Microsoft Windows Server 2008 VMware ESX Server 3.5

Database Oracle 10G Enterprise Server Oracle 11G Enterprise Server Oracle 12C Enterprise Server (AUG 2016)

Application Server Apache TomCat 6.x Apache Tomcat Version 7.0.75 WebLogic Servers 11G R1 WebSphere Application Server 8.6

Web Servers Oracle HTTP Server 11G

4.2.4 Environment Support

Government warrants that reasonable efforts be made to maintain the online availability, across all environments, of the Software for a minimum of 99.9% availability in any given month (excluding scheduled outages). Additionally, reasonable efforts must be made to support and maintain the Development and Pre-Production multi-tenant environment.

5. Deliverables Deliverable Quantity/Frequency Period of Performance/ Delivery

Date Base Period - Exari DocGen Concurrent User and Power Author or equal communication template tool software Licenses

Solution capable of supporting 200 Concurrent DA

Users

One year from delivery. Delivery within 30 days of order award

Option Year 1 - Exari DocGen Concurrent User and Power Author or equal communication template tool software Licenses

Solution capable of supporting 200 Concurrent DA

Users

One year from expiration of Base Period

Option Year 2 - Exari DocGen Concurrent User and Power Author or equal communication template tool software Licenses

Solution capable of supporting 200 Concurrent DA

Users

One year from expiration of Option Period 1

Option Year 3 - Exari DocGen Concurrent User and Power Author or equal communication template tool software Licenses

Solution capable of supporting 200 Concurrent DA

Users

One year from expiration of Option Period 2

Option Year 4 - Exari DocGen Concurrent User and Power Author or equal communication template tool software Licenses

Solution capable of supporting 200 Concurrent DA

Users

One year from expiration of Option Period 3

Note: Deliverable due date refers to the timeframe for the software to be accessible to users.

6. Inspection and Acceptance The Government shall review all deliverables in accordance with specifications and standards identified in this order. Deliverables shall be submitted to the FDA COR in accordance with the delivery schedule.

The acceptance of deliverables and satisfactory work performance, required herein, shall be based upon the timeliness and accuracy of the deliverables.

Contractor shall share information and provide full access to code, constructs, databases, and documentation while delivering integrated, cohesive business and technology services and products.

Acceptance may be presumed unless, otherwise indicated in writing by the Contracting Officer, Contracting Officer’s Technical Representative (COR) or the duly authorized representative within 10 business days of receipt.

The Contractor shall implement necessary changes within 10 business days, or a mutually agreed upon period of time, from the day of change notification.

The FDA COR shall perform inspection and acceptance of materials and services.

Any and all work products under this Order including, but are not limited to, customized code, scripts, batch jobs, documentation, notes and meeting materials are the sole property of the US government.

Inspection and acceptance shall be performed at: 10903 New Hampshire Avenue, Silver Spring, Maryland 20993 or any other elated FDA facility.

7. Delivery and Performance

7.1 Delivery

The Contractor shall deliver the software products virtually to the COR within 30 calendar days of receipt of order.

7.2 Period of Performance

The period of performance shall be one (1) 12-month base period plus four (4) 12-month option periods as follows:

Base Period CLIN 0001 – One year from the effective date of the order.

Option 1 CLIN 0002 – One year from the effective date of Option 1 Option 2 CLIN 0003 – One year from the effective date of Option 2 Option 3 CLIN 0004 – One year from the effective date of Option 3 Option 4 CLIN 0005 – One year from the effective date of Option 4

8. Points of Contact Contract Specialist Karen Zeiter 5630 Fishers Lane Rm 2092, HFA-500 Rockville, MD 20852 301-348-1922 Karen.Zeiter@fda.hhs.gov

Contracting Officer Sherry Solodkova 5630 Fishers Lane Rm 2085, HFA-500 Rockville, MD 20852 240-402-7554 Sherry.Solodkova@fda.hhs.gov

COR

To be provided at award.

9. Authorized Reseller/Service Agent The Contractor shall be an authorized reseller and/or servicing agent of the software manufacturer while performing on this order.

The quoters shall notify the Contract Specialist/Contracting Officer immediately if this requirement is registered by a reseller with the Original Equipment Manufacturer (OEM).

10. Information Technology Investment Management/Master Approved Technology List The item acquired may require approval by the Food and Drug Administration (FDA) Office of Information Management (OIMT) for operation in FDA’s Information Technology environment (IT Investment Management Process/Master Approved Technologies List). Any item proposed not previously tested and approved for IT environment operations may require testing by OIMT before award.

11. Section 508 Information Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) requires Federal agencies to purchase electronic and information technologies (EIT) that meet specific accessibility standards. This law helps to ensure that federal employees with disabilities have access to, and use of, the information and data they mailto:Karen.Zeiter@fda.hhs.gov mailto:Sherry.Solodkova@fda.hhs.gov need to do their jobs. Furthermore, this law ensures that members of the public with disabilities have the ability to access government information and services.

There are three regulations addressing the requirements detailed in Section 508. The Section 508 technical and functional standards are codified at 36 CFR Part 1194 and may be accessed through the Access Board’s Web site at http://www.access-board.gov. The second regulation issued to implement Section 508 is the Federal Acquisition Regulation (FAR). FAR Part 39.2 requires that agency acquisitions of Electronic and Information Technology (EIT) comply with the Access Board’s standards. The entire FAR is found at Chapter 1 of the Code of Federal Register (CFR) Title 48, located at http://www.acquisition.gov. The FAR rule implementing Section 508 can be found at http://www.section508.gov. The third applicable regulation is the HHS Acquisition Regulation (HHSAR).

Regardless of format, all Web content or communications materials produced for publication on or delivery via HHS Web sites - including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content intended for use on an HHS-funded or HHS-managed Web site must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents below. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW, shall be the responsibility of the contractor or consultant retained to produce the Web-suitable content or communications material.

Unless an agency exception to this requirement exists, the Contractor must conform to applicable Section 508 standards and must apply best practices associated with Section 508 compliance during the application design, development, and testing phases. The Contractor shall utilize FDA approved tools to verify the compliance with the Section 508 standards and ensure the delivery of the fully compliant products.

The following Sections apply to this procurement:

• E101.2 Equivalent Facilitation

• E203 Access to Functionality

• E204 Functional Performance Criteria

• E205 Electronic Content

• 302 Functional Performance Criteria

• E206 Software

• E208 Support Documentation Services

• Chapter 5: Software

• Chapter 6: Support Documentation and Services

12. Order of Precedence

The Contractor shall follow the terms and conditions of this order. Should the Contractor include any additional terms and conditions resulting in conflicts between this document and the Contractor’s document, the Order of Precedence shall be as specified in FAR Clause 52.212-4, dated January 2017.

Any indemnification and governing law language in the Contractor’s terms and conditions shall be invalid and shall be stricken and removed from the order. Any additional terms and conditions shall not be prohibited by applicable laws and regulations. Any additional terms and conditions identified with a web link and/or incorporated by reference shall be stricken and removed from the order. The Contractor shall provide all terms and conditions with their quotations as attachments, appendixes, etc.

In the event of any inconsistencies between any licensing agreement incorporated into this order as an attachment and the FAR and HHSAR Clauses incorporated into this order, the FAR or HHSAR Clauses shall take precedence.

13. Change to Disable Macros in Microsoft Office Documents from Outside Sources

The offeror or applicant shall submit all electronic documents for Microsoft Office suite products without the use of “macros”. If the offeror or applicant submits documents that contain macros the Government will not be able to view or open such documents and the submission will be considered non-responsive to the solicitation. No additional time will be given to an offeror or applicant to correct the document submission and the Government will not inform the offeror or applicant that their submission is non-responsive prior to award. It is the offeror’s or applicant’s responsibility to ensure all electronic documents are submitted without the use of macros.

14. Clauses and Provisions

14.1 FAR Clauses

The below Federal Acquisition Regulation (FAR) Clauses apply. FAR Clauses can be viewed in full text at:

http://farsite.hill.af.mil/vmfara.htm

52.203-17: Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights. (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-

239) and FAR 3.908 http://farsite.hill.af.mil/vmfara.htm

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

52.204-18 Commercial and Government Entity Code Maintenance (Jul 2016)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

52.212-4 – Contract Term and Conditions – Commercial Items (Jan 2017)

52.212-5 – Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Jan 2018)

(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), 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 (Oct 2015) (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 (Oct 2016) (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).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

__X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Representation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

__X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

__X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

__X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (41) (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__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (Jan 2017) of 52.224-3.

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 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 (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__X_ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__X_ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) 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:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 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).

___ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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, 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 (Oct 2015) (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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627).

(xiii) 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.)

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

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

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

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

(xix) 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).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 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)

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

52.227-19 – Commercial Computer Software Licenses (Dec 2007)

52.232-40 – Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

14.2 FAR Provisions

52.204-16 Commercial and Government Entity Code Reporting (Jul 2016)

52.209-7 Information Regarding Responsibility Matters (Jul 2013)

52.211-6 – Brand Name or Equal (Aug 1999) (full text)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must—

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by—

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modification the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modification.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision)

52.212-1 – Instructions to Offerors – Commercial Items (Jan 2017)

52.212-3 Offeror representations and Certifications – Commercial Items (Nov2017)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision--

“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—

(6) 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

(7) 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.

http://www.sam.gov/portal

“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—

(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 with 13 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 at 13 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 CFR 124.104(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 in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C.

101(2)) 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 veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned…