RRB11Q041_ RRB_LACS_SOW_8-8-11 docx .docx

REQUEST FOR QUOTATION NO. RRB11Q041

LOGICAL ACCESS CONTROL SYSTEM SOLUTION PAGE 44 of 45

I. Overview

A. Introduction

The William O. Lipinski Federal Building, located at 844 North Rush Street, Chicago, IL, is the headquarters of the U.S. Railroad Retirement Board (RRB). The RRB also has 54 remote or field Offices, where approximately 270 users access the RRB network via RRB’s Wide Area Network (WAN) and approximately 500 users access the RRB network via Virtual Private Network (VPN).

B. Background

All offeror products and services must be compliant with the Federal policy, standards and supporting technical specifications, including:

· Homeland Security Presidential Directive 12 (HSPD-12)

· Federal Information Processing Standards Publication 201 (FIPS 201) Personal Identity Verification (PIV) of Federal Employees and Contractors

· OMB M-05-24, Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors

· National Institute of Standards and Technology (NIST) Special Publications (SP) 800-73, Interfaces for Personal Identity Verification

· National Institute of Standards and Technology (NIST) Special Publications (SP) 800-78 Cryptographic Algorithms and Key Sizes for Personal Identity Verification,

· National Institute of Standards and Technology (NIST) Special Publications (SP) 800-79, Guidelines for the Certification and Accreditation of PIV Card Issuing Organizations

· The provided PIV Middleware must conform to FIPS PUB 201 and NIST Special Publication 800-73 and be on the FIPS 201 Evaluation Program Approved Products List

· Federal Identity, Credential, and Access Management (FICAM) Roadmap and Implementation Guidance

C. Purpose

The Railroad Retirement Board (RRB) seeks a Logical Access Control System (LACS) turn-key solution which utilizes the agency’s existing Personal Identity Verification (PIV) Cards. The solution shall include furnishing, installing, and configuring requisite software with RRB employees on existing Active Directory Domain Controllers/Servers, end user workstations, and required systems, in addition to providing RRB technical employees training for the administration of the system, and providing maintenance and support to RRB for the installed LACS solution.

The procurement of the PIV Card LACS solution enables the RRB to make use of its GSA USAccess MSO Credential Program issued HSPD-12 PIV cards and existing smartcard readers to implement 2-factor authentication for on-site and remote access.

II. SCHEDULE OF SUPPLIES AND SERVICES (PRICE/BUSINESS SCHEDULE)

A. The offeror shall provide “fully loaded” firm-fixed prices to furnish, install, configure, test, perform implementation, and provide knowledge transfer for their proposed PIV Card LACS solution for all CLINS and SubCLINS as applicable below. The RRB defines “fully loaded” as the price inclusive of direct wages, fringe benefits, all overheads, general and administrative (G&A) costs, profit and fees, and all travel and per diem costs for the contractor’s employees to perform the required services at the RRB headquarters facility, located in Chicago, Illinois. The offeror shall enter an annual maintenance/support price for one year with four (4) one-year options (CLIN 004).

CLIN

Services to assist RRB personal with the installation, and configuration and documentation of the PIV Card Logical Access System solution per Sections III.F and as otherwise stated in Section III.

Training services for six (6) RRB employees on the configuration, administration and maintenance of the PIV Card Logical Access System solution per Section III. G

for the installed LACS solution as set forth in section III.J.

Offerors are to provide their offers under their GSA Multiple Award Schedule Contract either the Mission Oriented Business Integrated Services (MOBIS) or equivalent schedule to provide these services the statement of work. The RRB encourages offerors to provide spot discounts from their GSA contract rates and to indicate (mark) in their price proposal those offered spot discounts. The vendor/offeror must also provide the GSA contract number, the terms and conditions and price schedule with the offer, if applicable.

Socioeconomic status (as determined by US Small Business Administration)

6) GSA MAS Contract Number ____________________ Please Attach (or E-mail) a copy of contract with offer submission

8) Central Contractor Registration (CCR) completed:

order. (See www.ccr.gov)

* Business size must be properly annotated on CCR Site.

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

· Federal Information Processing Standard 201, Personal Identity Verification of Federal Employees and Contractors. The LACS solution products must be on the FIPS 201 Approved Products List (APL).

· Homeland Security Presidential Directive 12 (HSPD-12)

· Federal Information Processing Standards Publication 201 (FIPS 201) Personal Identity Verification (PIV) of Federal Employees and Contractors

· OMB M-05-24, Implementation of Homeland Security Presidential Directive (HSPD) 12 – Policy for a Common Identification Standard for Federal Employees and Contractors

· National Institute of Standards and Technology (NIST) Special Publications (SP) 800-73, Interfaces for Personal Identity Verification

· National Institute of Standards and Technology (NIST) Special Publications (SP) 800-78 Cryptographic Algorithms and Key Sizes for Personal Identity Verification,

· National Institute of Standards and Technology (NIST) Special Publications (SP) 800-79, Guidelines for the Certification and Accreditation of PIV Card Issuing Organizations

· The provided PIV Middleware must conform to FIPS PUB 201 and NIST Special Publication 800-73 and be on the FIPS 201 Evaluation Program Approved Products List

· Federal Identity, Credential, and Access Management (FICAM) Roadmap and Implementation Guidance

C. The Contractor’s solution shall integrate seamlessly into the existing RRB network. This shall include but not be limited to, all integration factors specific to the offeror’s product, such as and not limited to, a method of Certificate Authentication, deployment at the Active Directory, network server, and desktop workstations.

D. The contractor shall demonstrate that their product can operate with the various types of software/hardware used or planned for use in the RRB’s Information Technology (IT) Infrastructure on or before proposal submission (See Attachment 1 for detail).

E. The contractor’s PIV Card Logical Access Control Systems solution must include, but not be limited to:

· Full implementation procedures

· Hardware/software requirements

· Desktop software deployment with the Microsoft System Center Configuration Manager (SCCM)

· Encrypted certificate and password authentication

· Secure email (signature and encryption) functionality with Microsoft Outlook 2007/2010

· Secure PIV Card authentication VPN compatibility

· Automatic software update functionality

· Digital certificate and viewer

· Scalability to work with custom applications F. Implementation services, at a minimum, shall include, but not be limited to:

· On-site services to assist the RRB technical team in the deployment of PIV Card Logical Access solution and integration between PIV Middleware products and interrelated systems including Active Directory and Cisco VPN

· On-site services to provide knowledge transfer during installation and configuration of the PIV Card Logical Access solution

· On-site services to provide RRB environment tailored documentation of solution deployment instructions for disaster recovery.

G. Training RRB personnel on the installed LACS solution The Contractor shall provide onsite training/knowledge transfer and training materials for two (2) Network Engineers, two (2) Security Engineers, and two (2) Desktop Support Specialists to enable them to become capable of performing all necessary functions for successful system operation of the installed LACS solution in the RRB’s environment. As part of the proposal, offerors shall provide details on the topics covered and other relevant aspects in the form of a detailed training plan shall be presented, at a minimum, must provide a full understanding of the following as it pertains to their job function at the RRB:

· Configuration changes to the RRB infrastructure necessary to support PIV Card Logical Access

· Deployment/Installation of the software solution and updates to all employee workstations with the agency’s current deployment tool, Microsoft System Center Configuration Manager (SCCM)

· Security settings configuration

· Administration responsibilities and required maintenance activities H. Maintenance/Support Services The Contractor shall provide maintenance for the PIV Card LACS solution, 24x7 warranty and service on the entire solution, including all proposed hardware and software. Four-hour response time is required after the Contractor receives a malfunction notification from the RRB during each maintenance and support services term. The Contractor shall provide maintenance and support on the PIV Card LACS solution, 24x7 via On-line web-based support and telephonic on-call technical support 7:00 AM – 6:00 PM Monday Central Time through Friday. Twenty-four (24) hour restoration time of any contractor provided hardware or critical software components is required after the Contractor receives a malfunction notification from the RRB for the maintenance and support term. The Contractor shall provide documentation of its standard warranty provisions, the price of which is included in the purchase price of the proposed PIV Card LACS solution. Contractor shall schedule preventive maintenance services, as applicable, at mutually agreed-upon times with the RRB LACS COTR. The contractor shall provide ongoing maintenance, as needed, to provide code fixes, routine feature enhancements, and LACS application version updates required to comply with evolving HSPD-12, FIPS 201 and FISMA requirements.

The contractor shall furnish software upgrades, security updates, modifications, corrections, improvements and enhancements, as applicable, to RRB’s version level of the product. The contractor shall provide any software update at no additional charge to the RRB.

The contractor shall provide a copy of the step-by step installation instructions of their software to the workstations. This documentation should provide a clear, concise and well defined set of instructions for each of the groups of license holders (Administrator and user) of the application. The documentation should also be current for each group. The contractor shall also provide step-by-step installation procedures to support any and all modifications to the server. The contractor shall provide step-by-step instructions for an automated method of installing any client upgrades to workstation(s) for each group of license holders. This documentation shall include, but not be limited to, the actual work steps being deployed to effect a seamless Microsoft System Center Configuration Manager (SCCM) installation to all client workstations.

The government retains its rights under the termination provisions of this contract. The Government does not anticipate discontinuing maintenance services under this contract during any fiscal year except at the end of the software’s life. The Government may discontinue at the end of any fiscal year in the course of declining to exercise the renewal option, or at the end of the software life.

[The letter “I” is purposefully omitted in paragraph formatting] J. Project Completion

· RRB desires the Contractor to complete the LACS solution implementation by October 14, 2011.

· RRB requires the Contractor to complete the LACS solution implementation by November 18, 2011.

· The Offeror proposes to complete the RRB LACS implementation by .

K. Place of Performance

All work activities including, but not necessarily being limited to, meetings (unless specifically identified as teleconferences), consulting, installations/connections, testing, and training shall be performed at the RRB Chicago headquarters facility.

L. Under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), acquisitions of Electronics and Information Technology (EIT) supplies and services shall meet the accessibility standards as set forth in Attachment 3 to this solicitation. Offerors shall complete the certificate at Attachment 3 and certify which accessibility standards the offered EIT products and/or services meet.

M. Requirements for Contractor Staff Accessing RRB IT Systems during Implementation

1. The contractor’s employee(s) assigned on this project shall successfully pass the necessary background/security checks. Contractor personnel assigned to support the RRB shall be subjected to suitability screening and background investigation, in accordance with Federal regulations. Background investigation shall include, at a minimum, checking criminal court records and verifying social security number, credit, employment, education records, and reports to determine suitability for employment. Contractor personnel engaged in this contract shall receive computer security awareness training (of approximately 1 hour or less) in accordance with the Federal Information Security Management Act (FISMA) of 2002.

2. The selected contractor shall comply with the RRB’s system security requirements for personnel and equipment requiring access to the RRB computer network. For network access, all contractor employees shall sign form G-455 (Computer Access Authorization Request), read the G-15 (Information Systems Security Awareness Training for the RRB), sign G-15a (Employee Acknowledgment Statement for the Information Resources Security Program for the RRB), complete and sign the SF-85p (Questionnaire for Public Trust Positions). For personnel having access to annuitant/beneficiary/claimant information, the individuals shall meet with the RRB’s privacy official for a brief training session. All network-connected computers must have antivirus software with the current virus definition file(s) installed.

N. Testing and Acceptance

1. After all work is completed, the Contractor and the RRB’s Project Manager/COTR shall conduct a final inspection and pre-test all equipment and system features. Written notice of the pre-test must be approved by the RRB’s Project Manager/COTR and approved prior to testing. Contractor shall correct all identified deficiencies discovered as a result of the inspection and pre-test.

2. Contractor shall submit a request for an acceptance test, in writing, to the RRB’s Project manager, no less than 7 days prior to the requested test date. The request for acceptance test shall be accompanied by certification that all deficiencies identified in the pre-test have been corrected.

3. During the acceptance test, the Contractor shall demonstrate all equipment and system features to the RRB.

4. Any portions of work found to be deficient or not in compliance with these requirements must be corrected within a reasonable amount of time, as determined by the RRB’s Project Manager. Upon correction of deficiencies, the Contractor shall submit a request in writing to the RRB’s Project Manager for another acceptance test.

5. If, at the conclusion of the acceptance test, all work is found to be acceptable and in compliance with the requirements, the RRB’s Project Manager will issue a letter of acceptance.

O. The contractor shall describe and list all resources, equipment, software, and tools the contractor requires RRB to provide and/or being furnished. The offeror shall state the size of their staff and their space and equipment needs. If any tools are to be installed on RRB equipment (as opposed to contractor PCs), the offeror shall provide a description of the environment and support needed from the RRB to accomplish this.

Q. Use of Government SuppliedData (reports/files/computer tapes/discs, drives) Any data given to the Contractor by the Government shall be used only for the performance of the contract unless the contracting officer specifically permits another use, in writing. Should the contracting officer permit the Contractor the use of Governmentsupplied data for a purpose other than solely for performance of this contract and, if such use could result in a commercially viable product, the Contracting Officer and the Contractor must negotiate a financial benefit to the Government. This benefit should most often be in the form a reduction in the price of the contract; however, the Contracting Officer may negotiate any other benefits he/she determines are adequate compensation for the use of these data.

In all circumstances with respect to maintenance and support services, RRB shall promptly notify the contractor of all problems and/or deficiencies with the Product(s) using properly trained staff and RRB shall at all times cooperate in all reasonable ways with the contractor to correct any problems and/or deficiencies, including by providing computer access, information, equipment, staff and facilities that may be necessary to identify, reproduce and remedy any such problems and/or deficiencies.

RRB shall be responsible for all hardware issues and all Microsoft environment issues.

T. Sensitive Attachment Attachment 1 provides information on the RRB’s Information Technology Overview which contain sensitive but unclassified information or Privacy Act Data.

For security reasons, this attachment shall be provided to you upon request. Your request must be on your company’s letterhead. This attachment will not be submitted with this solicitation document. Any unauthorized review, use, disclosure or distribution of this attachment is prohibited. All inquiries shall identify the solicitation number and be addressed and/or faxed, (312/751-4923) to:

IV. CLAUSES and PROVISIONS

A. Security Provisions and Clauses

1. Security Information:

The RRB is a social insurance agency. Privileged information for railroad employees and dependent beneficiaries is accessible from all mainframe terminals, terminal sessions on desktop PC workstations, and VLAN/WAN servers. Privileged information is also available in paper form, data disks, and data tapes throughout the Chicago headquarters facility and remote offices. Access to, and use of, this information is covered under the Privacy Act of 1975 and other U.S. Codes.

2. PRIVACY OR SECURITY SAFEGUARDS FAR 52.2391, (AUG 1996)

(a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written consent, the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government.

(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security, integrity, and confidentiality of Government data, the Contractor shall afford the Government access to the Contractor's facilities, installations, technical capabilities, operations, documentation, records, and databases.

(c) If new or unanticipated threats or hazards are discovered by either the Government or the Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the situation to the attention of the other party.

(d) Each agency has its own rules regarding privacy and security of data. The RRB’s rules are summarized in the following publications:

(1) Privacy Act Information http://www.rrb.gov/bis/privacy_act/introduction.asp http://www.rrb.gov/bis/privacy_act/overview.asp http://www.rrb.gov/bis/privacy_act/information_rrb_maintains.asp

(2) RRB’s Privacy System of Records. RRB’s Medicare Part B records are reflected as RRB-3 in the link below.

http://www.rrb.gov/bis/privacy_act/sornlist.asp

(e) Anticipated threats and hazards that the Contractor must guard against:

(1) Data stored on equipment following the completion of the project.

(2) Data removal process not including eradication methods.

(3) Contractor employees not fully versed in responsibilities with respect to Privacy and Security.

(4) Contractor accessing RRB data from unauthorized sites.

(f) Safeguards that the Contractor must specifically provide include:

A Contractor having access to RRB data should have in place preventive measures as specified below and in Attachment 4 to assure that:

(1) Accessed data is not retained in Contractor files or on Contractor’s equipment.

(2) Data temporarily housed on Contractor’s equipment must be securely erased, by a method meeting or exceeding NIST SP 800-88, Media Sanitization.

(3) All Contractor staff members are made aware of their responsibilities with respect to Privacy and Security.

(4) Contractor access to RRB data is limited to RRB-OIG approved sites. At the end of the contract, prior to the final payment, the contractor will certify in writing that they have met these requirements.

3. Dissemination of Information

4. Subcontracts The Contractor shall not subcontract any function or duty of this contract to a third party without the prior written consent and approval of the Government. The Contractor shall be held responsible for the performance of all subcontractors and will not be relieved of any responsibility in the event of nonperformance or unacceptable performance by its subcontractors. The Contractor shall furnish the Government records regarding cost allocation among the subcontracts and shall include this provision in any and all subcontracts awarded under the authority of this provision.

5. Privacy Act FAR 52.242-2 (Apr 1984)

(a) The Contractor agrees to—

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies—

(i) The systems of records (see also ) ; and

(ii) The design, development, or operation work that the contractor is to perform;

(2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

(3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

(b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

(c) (1) “Operation of a system of records,” as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(2) “Record,” as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

(3) “System of records on individuals,” as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

6. Privacy Act Notification FAR 52.242.1 (Apr 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

B. Contract Clauses and Provisions – Commercial Items

1. Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, FAR 52.212-5 (May 2011)

(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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).

__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

__ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).

__ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (10) [Reserved] __ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (12)(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.

__ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

__ (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

__ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (16) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (19) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

__ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

__ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).

__ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).

_X_ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

__ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

__ (30) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

__ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

__ (32) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (33) (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.)

__ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

__ (36) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513).

_X (37) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (38)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (40) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

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

__ (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

_X (46) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

__ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (49)(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:

[Contracting Officer check as appropriate.] _X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JAN 2009).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 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)

2. Contract Terms and Conditions—Commercial Items, FAR 52.212-4 (June 2010)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer—Other Than Central Contractor Registration), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting…