RRB13Q013_LODS_RFQ_6-14-13.doc

Solicitation No. RRB13Q013

I.

Introduction A.

Agency Information The U.S. Railroad Retirement Board (RRB) is an independent agency in the Executive Branch of the Federal Government. The RRB’s primary function is to administer comprehensive retirement/survivor and unemployment/sickness insurance benefits programs for railroad workers and their families under the Railroad Retirement Act (RRA) and the Railroad Unemployment Insurance Act (RUIA). The RRB also administers aspects of the Medicare Program and has administrative responsibilities under the Social Security Act (SSA) and Internal Revenue Code. In Fiscal Year (FY) 2012, the RRB paid retirement/survivor benefits of some $11.3 billion to about 573,000 beneficiaries. The RRB also paid net unemployment/sickness benefits of $89 million. The RRB is headquartered in Chicago, IL and operates 53 field offices across the country in localities easily accessible by large numbers of railroad workers.

B.

Purpose The RRB is seeking a contractor that can provide a service to digitize, index and redact its internal paper-based Legal Opinions and provide a data repository for the digital versions of the redacted opinions so that their content can be searched for retrieval, viewed, and printed. Our objective is to Contract for a hosted solution for both internal and external sources seeking copies of the redacted documents.

Offerors shall submit price and technical proposals by 1:00 pm Central Standard Time (CST) on Monday, July 15, 2013. Price and technical proposals may be submitted electronically to proposals@rrb.gov. Offerors may send questions regarding this Request for Quotation (RFQ) to proposals@rrb.gov by 1:00 pm CST on Friday, June 28, 2013.

C.

Performance-Based Acquisition (PBA) Solicitation This solicitation has been developed in response to the Office of Federal Procurement Policy (OFPP) established policy to prioritize the use of performance-based contracting methods in the acquisition of services. PBA emphasizing objective, measurable mission-related outputs rather than how the work is performed or broad and imprecise statement of work.

D.

Site Visit The RRB will hold a site visit for interested offerors at the RRB on Wednesday, June 26th at 9:30AM – 11:00AM CST. Offerors will have an opportunity to view some of the legal opinion documents and index cards. Questions asked during the site visit must also be submitted in writing to the RRB by the due date for questions in order to receive the RRB’s official response to the questions. Offerors interested in attending the site visit must send an email to proposals@rrb.gov stating the names of those attending as well as their contact information including Company Name, address, phone number and email address by June 24th at 1:00PM CST.

E.

Post-Award Conference In order to codify the implementation and procedural issues attendant upon contract performance start-up, a post-award conference will be held at the RRB Headquarters, 844 North Rush Street, Chicago, IL 60611. The contractor will be responsible for all costs related to attending this conference. It is anticipated that the conference will be held within 5 business days after the contract award.

II.

Price Schedule of Services and Contractor Information

A. Offerors shall complete sections B. (Pricing Offer); C. (Contractor Information); and D. (Offeror Representations and Certifications)

Price offer is valid thru ___/___ 2013.

(90 days unless otherwise stated)

B. The offeror should provide in the CLINS below a “fully loaded” firm-fixed price (FFP) for services described in Section III., Statement of Work (SOW). The RRB describes “fully loaded” as the price inclusive of direct wage, fringe benefits, all overhead, General and Administrative (G&A) cost, profit and fees for the Contractor’s employees to perform the required services at either the Contractor’s site or at the RRB HQ as stated in the SOW. The Government envisions most of the services being provided at the Contractor’s site with some services provided at the RRB HQ location. Any travel expenses related to providing services on-site at the RRB HQ should be incorporated in the firm-fixed price below.

Professional Services

CLIN

DESCRIPTION OF SERVICES

UNIT

TOTAL

FIRM-FIXED PRICE

FFP

Digitization Services

Phase One Services

FFP/Lot

Digitize, Redact, and Index 54 binders of 1 Lot paper-based Legal Opinions and provide electronic copies of the original legal opinions to RRB on CD/DVDs per

Section III requirements.

Offerors shall provide Total Firm-Fixed Price Breakdown below:

Position/Labor/Skill Hourly Rate Total Estimated Hours

Optional Phase Two Services

Digitize, Redact, and Index 56 binders of paper-based Legal Opinions and provide electronic copies of the original legal opinions to RRB on CD/DVDs per Section III requirements.

Optional Phase Three Services

Digitize, Redact, and Index 50 binders of

Optional Phase Four Services

Digitize, Redact, and Index 48 binders of

Optional Phase Five Services

Digitize, Redact, and Index 50 binders of

Hosting Services The Contractor shall provide in the CLINS below a monthly firm fixed price to provide a web based data repository for the storage of the RRB’s redacted electronic text files of the legal opinion documents and the associated hosting and maintenance services as specified in section III.

Description

FFP/month

Implementation period Hosting Service

8/31/2013 - 8/30/2014

Option Year One Hosting Services:

8/31/2014 - 8/30/2015

Option Year Two Hosting Services:

8/31/2015- 8/30/2016 Option Year Three Hosting Services:

8/31/2016- 8/30/2017 Option Year Four Hosting Services:

8/31/2017- 8/30/2018 Option Year Five Hosting Services:

8/31/2018- 8/30/2019 Option Year Six Hosting Services:

8/31/2019- 8/30/2020 Optional Digitization Services The Contractor shall provide below a firm fixed price to provide services to digitize and index the legal opinion file index cards and digest cards and provide the electronic files to the RRB on CDs/DVDs as specified in Section III.

Digitization of legal opinion file index cards

Digitization of legal opinion file digest cards

Optional Quarterly Digitizing, Redacting and Indexing Services The Contractor shall provide below an annual firm fixed price to provide quarterly services to digitize, redact and image new legal opinions and store them in the contractor’s web based data repository per Section III.

Services and period

FFP/Year Option Year One Quarterly Digitization Services

8/31/2014 - 8/30/2015 Option Year Two Quarterly Digitization Services:

8/31/2015 - 8/30/2016

Option Year Three Quarterly Digitization Services:

8/31/2016- 8/30/2017

Option Year Four Quarterly Digitization Services:

8/31/2017- 8/30/2018

Option Year Five Quarterly Digitization Services:

8/31/2018- 8/30/2019 Option Year Six Digitization Services:

8/31/2019- 8/30/2020

C. Contractor Information for Order Administration:

1. Order address:

2. Business size:*

3. Federal Tax ID#:

4. DUNS No.

5. Remit address:

6. Offer is:

(a) GSA MAS Contract Number

(b) Open Market

(c) Other

7. Authorized representatives: Business Technical Name:

Phone:

Fax:

E-mail:

8. Central Contractor Registration (CCR) on SAM completed:

YES [ ] NO [ ]

Offeror must be registered on SAM (www.SAM.gov) to be eligible for award of a contract or order.

* Business size must be properly annotated on the SAM Site.

D. Extract from: Offeror Representations and Certifications-Commercial Items, (DEC 2012) (FAR) 52.212-3.

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the Annual Representations and Certifications electronically via https://www.acquisition.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.

(b)(2) The offeror has completed the Annual Representations and Certifications electronically via the ORCA website accessed through https://www.acquisition.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 ______________.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]

III.

Statement of Work A. Overview

The RRB currently has 83,850 pages of paper-based legal opinions dating back to 1935 for which there is no electronic equivalent. The paper-based legal opinions were issued prior to 1997. Individual legal opinions vary in length from 1 to 200 pages, with approximately 480 words per page. The documents contain Personal Identifiable Information (PII) (e.g. proper names, social security numbers, addresses, etc).

The documents prior to 1942 are on acid paper, 1942-1978, the documents are on onion-skin paper and after 1978, the documents are on photocopy paper, with varying degrees of clarity. The documents are organized into 258, loose-leaf, 3-ring binders. Binders from 1993 to 2010 have a table of contents and a digest card listing included in the binders. Each legal opinion is identified by a six-character date-based code, e.g. L-2013-01. Prior to May 17, 1999, the identifier was stamped on the documents. Subsequent to August 6, 1999, identifiers were typed into the documents. The legal opinions that were issued after 1996 are available for viewing through the Agency’s website: www.rrb.gov. To go to the direct link: http://www.rrb.gov/blaw/digestcards.asp.

The Agency utilizes Microsoft Word (Office 2007 version or later) as its word processing standard; Microsoft.Net as its application standard; and Microsoft SQL as its database standard.

B. Required Services 1.

Digitization and Indexing Services The contractor will be required to scan and digitize all of the paper-based legal opinions with Optical Character Recognition/Intelligent Character Recognition (OCR/ICR) technology and save the legal opinions in an electronic searchable file format. The RRB requires both an imaged copy and a redacted text file of each of the legal opinion documents. The imaged copies of the legal opinion files shall be sent to the RRB on CD/DVDs at the end of each month of services via a secure shipping method with a tracking number.

The Contractor must redact PII for the redacted text file of each legal opinion document and replace the PII with generalized wording, (e.g. “John Smith” is converted to “Person A”, SSN 123-45-6789 is converted to XXX-XX-XXXX). The PII that must be redacted includes any personal information such as: names, social security numbers, addresses, etc. Exceptions: RRB and other Federal Employee public information (Name and job title only) should not be redacted, all other should be redacted. Referenced case files or prior legal opinions must include a URL link to the publically available case file or legal opinion. The electronic redacted text files in a “read only” format shall be stored and hosted on the contractor’s database repository and shall be accessible by RRB staff and the public via a link from RRB’s website to the contractor’s hosted data repository site.

The Contractor shall index the electronic redacted text legal opinion files according to the following fields:

· Subject

· Legal Opinion Number

· Date of Legal Opinion

2.

Hosting Services

The contractor shall provide the information technology (IT) infrastructure required to host and maintain a database repository solution for the redacted text electronic legal opinion files described above. Hosting services includes but is not limited to the maintenance and operation of the hardware, data center support, software and telecommunications support for the database repository solution.

The contractor’s solution must meet the following hosting objectives:

a. Provide all hardware, software, and infrastructure needed to host the proposed database repository solution.

b. Provide a complete hosting solution in compliance with FISMA (i.e. perform Risk Assessment, Developer System Security Plan, and provide provisional Authorization to Operate) requirements.

c. In accordance with the directions and authorization of the RRB contracting officer, ensure that a proper Continuity of Operations plan is in place.

d. Establish and maintain application security and access controls as required the RRB Chief Information Security Officer

e. Prepare and execute service level agreement that includes the performance indicators. Detailed technical and service level agreement requirements are in Attachment 1.

The Contractor shall store redacted text versions of the legal opinions in their data repository solution. The redacted versions of the legal opinions are to be viewable by the public only through the Agency’s website: www.rrb.gov. The Contractor’s hosted-service solution must have the capability to add new legal opinions to the solution on a quarterly basis after the implementation period is concluded (also see III.D. below). The contractor shall make the hosted documents searchable and retrievable to view and print, based on a user search by opinion date, legal opinion number and word search of any words/text or strings of words/text in both the subject field and the redacted document body of text.

The hosted legal opinion files should be accessible on a 24/7 basis except for scheduled maintenance down-time. Maintenance down-time should be posted on web-site no later than 3 days prior with date and timeframe of down-time.

The Contractor must provide the RRB an “exit strategy”, whereby the contractor shall provide the hosted documents to the RRB or an RRB-designated third party contractor, in the event the RRB needs to move the data and/or change providers, such as but not limited to the end of the contract terms planned for with this contract.

C. Optional Digitization Services

1. Index/Digest Cards The RRB currently has 53,751 legal opinion file index cards. The cards are 3”x5”, filed alphabetically according to subject, and they are either typed or handwritten. There are a number of double-sided (print on both sides), and some are “cross reference” cards. The Contractor, upon completion of the legal opinion file Digitization and Indexing Services listed above and subject to available funds, shall digitize all of the legal opinion file index cards with Optical Character Recognition/Intelligent Character Recognition (OCR/ICR) technology and save the index cards in an electronic searchable file format. The imaged copies of the index cards shall be sent to the RRB on CD/DVDs at the end of each month of services via a secure shipping method with a tracking number.

D. Optional Quarterly Digitization and Indexing Update Services The RRB requires the contractor to provide services quarterly, upon the completion of the legal opinion file digitization and indexing services listed above, to update the data repository by digitizing, redacting and indexing new legal opinion documents. The RRB estimates that the average number of legal opinions to be added to the data repository each quarter will be an approximate prorate share of an estimated 25 to 30 new legal opinions annually.

E. Location of and Procedures for Digitization Services

The RRB would prefer that the digitization services take place at the Agency’s Headquarters in Chicago. If the services are provided on-site, each binder cannot be out of the RRB’s span of control for no more than one (1) business day. Each binder will need to be signed for upon removal from the OGC and upon return to the OGC. If any legal opinions are missing from a binder for whatever reason, it should be brought to the attention of the project manager upon discovery by the contractor project staff. After the document is digitized, it is to be placed in the same order/binder as it was originally found (this will include removing and re-stapling of each document).

If the digitization services are performed off-site, each binder cannot be out of the RRB’s span of control for no more than fifteen (15) business days. The Contractor shall be responsible for the secure shipment of the binders from and to the RRB. Again, each binder will need to be signed for by the contractor upon removal from the OGC and upon return to the OGC. If any legal opinion is missing from a binder for whatever reason, the contractor shall notify the RRB project manager upon discovery by the contractor project staff. After the document is digitized, it is to be placed in the same order/binder as it was originally found (this will include removing and re-stapling of each document).

F. Security Requirements The offeror shall comply with the information technology security requirements in the Federal Information Security Management Act, the related National Institute of Standards and Technology (NIST) FISMA implementation guidance, including but not limited to NIST 800-37 Rev. 1, NIST 800-53 Rev. 4 and NIST 800-53A, and OMB memoranda on privacy and security. The proposal shall include a list of proposed staff for these services that have successfully met requirements in the Homeland Security Presidential Directive-12 (HSPD-12), OMB guidance M-05-24, M-11-11, M-06-16, and M-07-16 and Federal Information Processing Standards Publication (FIPS PUB) Number 201 through other Federal Government Agencies. Additional security provisions are provided in the Clauses and Provisions Section of the RFQ.

The proposed solution is required to meet all security controls for a FISMA moderate system as defined by NIST 800-53 Rev 4, regardless of whether or not each requirement is specified in this solicitation. The offeror shall comply with NIST 800-53 Rev. 4, including, but not limited to, indicating compliance with the requirement for use of multifactor authentication for network access to privileged accounts (Organizational Users IA-2(2)). RRB requires at minimum two factor authentication. In

G. Period of Performance

The Initial Legal Opinion File Digitization and Indexing Services requested shall be performed in 5 phases over a period of time. Phase 1 digitization and indexing services shall include approximately 37 binders, with the legal opinions on various paper types (acid, onion skin, and photocopier) as well as 371 legal opinion documents in Microsoft Word or PDF format. Phases 2 will include 56 binders, Phase 3 will include 50 binders, Phase 4 will include 48 binders, and Phase 5 will include 50 binders of legal opinions with the legal opinions on various paper types as listed above for Phase 1.

The RRB will issue a contract or agreement for the services with Phase 1 legal opinion digitization and indexing services and hosting services, at a minimum, guaranteed. The RRB may exercise the remaining Optional Phases 2-5 legal opinion file digitization and indexing services and hosting services based on funds availability and also the successful completion of the Phase 1 services by the contractor. The RRB also may exercise, subject to availability of funds and the successful completion of Phases 1-5 services, the Optional Quarterly Digitization and Indexing Update Services and the Optional Digitization Services described above.

H. Deliverables

The Contractor shall provide the following deliverables:

1. Electronic image, PDF or equivalent, file of each paper-based original legal opinion document with deskewing and page orientation saved to CDs/DVDs and sent to the RRB at the end of each month or phase, whichever is shorter, of digitization services.

a. The images are to be in black and white; no color or gray scaling.

b. Images are to be scanned to letter-size.

c. The images are to be saved using the document name designation: “Legal Opinion L-XXXX-XX”.

d. Documents that contain referenced case files or prior legal opinions must include a URL link to the publically available case file or legal opinion.

2. Redacted, text only equivalent electronic PDF or equivalent file of each paper-based legal opinion document.

a. The OCR/ICR version of the text is to be 99.99% accurate. (Accuracy will be quality assurance checked by the contractor supplying the RRB project manager with a set number of redacted, OCR/ICR versions of the documents per binder.)

b. The images are to be in black and white; no color or gray scaling.

c. Images are to be scanned to letter-size.

d. The images are to be saved using the document name designation: “Legal Opinion L-XXXX-XX”.

e. The redacted text only electronic files shall be indexed according to the requirements in section III.B.

f. The redacted text files shall be “read-only” and not editable.

g. The redacted text files shall be full text searchable.

h. Documents that contain referenced case files or prior legal opinions must include a URL link to the publically available case file or legal opinion.

3. Electronic PDF or equivalent files of the Optional legal opinion index and digest cards. The index and digest cards shall be indexed according to the requirements in section III.B and shall be sent to the RRB on CDs/DVDs when the services have been completed.

4. A hosted web-based data repository for storage, searching, review, and delivery of the electronic files of the redacted text legal opinion files, linked to the RRB’s home page.

5. Monthly reports submitted to the RRB listing the legal opinion file document numbers that have been digitized, redacted and stored on the contractor’s data repository.

Quality Control Plan The Contractor shall maintain an ongoing quality control plan to insure that the requirements of this contract are satisfied. The plan shall include methods for identifying, resolving and preventing deficiencies in the quality and timeliness of services performed under this contract to ensure the level of performance meets the contract requirements.

J.

Quality Assurance Plan The RRB shall monitor and assess the Contractor’s quality and timeliness in the provision of the legal file digitization services as stated in the Quality Assurance Surveillance Plan (QASP), Attachment 1.

IV. CLAUSES AND PROVISIONS

A. Solicitation Provisions Incorporated by Reference (FEB 1998) FAR 52.252-1

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

https://www.acquisition.gov/Far/

1. FAR 52.212-4, Contract Terms and Conditions- Commercial Items (FEB

2012);

2. FAR 52.212-1, Instructions to Offerors (FEB 2012);

3. FAR52.212-3, Offeror Representations and Certification- Commercial Items

(DEC 2012);

4. FAR 52.212-2, Evaluation- Commercial Items (JAN 1999)

B. Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items. (JAN 2013) FAR 52.212-5

(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).

X_ (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.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (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).

_X_ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

_X_ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, 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).

__ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (10) 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).

__ (11) [Reserved]

__ (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (13)(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_ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

_X_ (15)(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.

__ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_X_ (18) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (19)(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.

__ (20) 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).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

__ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

__ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

__ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

X_ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X_ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X_ (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

X_ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X_ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).

X_ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X_ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (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.)

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

__ (37)(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.

X_ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

__ (39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (40)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Nov 2012) (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 (Mar 2012) of 52.225-3.

__ (iii) Alternate II (Mar 2012) of 52.225-3.

__ (iv) Alternate III (Nov 2012) of 52.225-3.

__ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (42) 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).

__ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (45) 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)).

__ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X_ (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

X_ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (51)(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.]

__ (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.).

X_ (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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O.13495).

__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (9) 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) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(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 (Jul 2012).

(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.

C. Subcontracting Plan Requirements

The Contractor shall be required to fulfill the subcontracting plan requirements in the FAR clauses listed in section IV.B. above and numbered below if the total offered price amount, including all options, will exceed $650,000.00, The Offeror shall complete the Small Business Subcontracting Plan at Attachment 4.

· 52.219-8, Utilization of Small Business Concerns (Jan 2011).

· 52.219-9, Small Business Subcontracting Plan (Jan 2011).

· 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999).

D. Option to Extend Services (NOV 1999) FAR 52.217-8 The Government may require continued performance of any services within the limits and the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the period specified in the Schedule.

E. Option to Extend the Term of the Contract (MAR 2000) FAR 52.217-9

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed three (3) years.

F. Availability of Funds for the Next Fiscal Year (APR 1984) FAR 52.232-19 Funds are not presently available for performance under this contract beyond September 30, 2013. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30, 2013, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

G. Billing Contractor shall submit detailed invoices with quantities for items delivered and pricing as designated in Section II.B. Invoices will conform to FAR Clauses 52.232-25 Prompt Payment and 52.212-4 Terms and Conditions - Commercial items.

H. Contracting Officer:

The Contracting Officer (CO) has the overall responsibility for the administration of this contract. The CO alone, without delegation, is authorized to take actions on behalf of the Government to: amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules;

make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or default; issue final decisions regarding contract questions or matters under dispute. The CO may, however, delegate certain other responsibilities to his authorized representatives including the COR and the

Contract Administrator/Specialist. Such delegations shall be conveyed in writing to the delegate and the contractor.

IT SECURITY AND PRIVACY CLAUSES AND PROVISIONS

The following IT security and privacy clauses and provisions apply to this contract in the event that the contractor and or subcontractor require access to the RRB’s information technology systems in order to provide services related to the LODS during the term of the contract.

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 1974 and other U.S. Codes. The provision of the Federal Acquisition Regulation (FAR) section 52.239-1, Privacy or Security Safeguards (Aug 1996), is hereby incorporated by reference.

No copies of railroad employee or beneficiary information can be removed from a RRB site or retained by any member of the contractor staff in any transferable media, be that paper or electronic.

With the exception of cellular/digital telephones owned and used by the Contractor staff, no communications line other than those analog lines and data links installed and approved by the RRB will be allowed.

All CDs and diskettes used by the Contractor in the course of this project will be retained by the RRB at the end of the work. All other media, in any format (electronic, hard copy, etc) that contains RRB privileged and/or privacy act information shall only be used/retained in the RRB requested IT solution, any other data must be sanitized using an method approved in NIST Special Publication 800-88, Guidelines to Media Sanitization.

If the contractor is providing a cloud service they are required to apply the appropriate set of impact baseline controls as required in the FedRAMP Cloud Computing Security Requirements Baseline document.

2. PRIVACY ACT NOTIFICATION (APR 1984) FAR 52.224-1

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.

3. PRIVACY ACT (APR 1984) FAR 52.224-2

(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; 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 subparagraph (c), 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.

4. PRIVACY OR SECURITY SAFEGUARDS FAR 52.239-1 (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 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 shall have in place preventive measures to assure that:

(1) All electronic data must be encrypted using a FIPS-201 approved product. The minimum standard is AES-256 bit encryption for data at rest. SSL-128 bit is the minimum standard for data in motion (i.e. encrypted VPN between contractor hosting facility and RRB staff accessing the legal opinions).

(2) Accessed data is not retained in contractor files or on contractor’s equipment.

(3) Data temporarily housed on contractor’s equipment must be sanitized using an method approved in NIST Special Publication 800-88, Guidelines to Media Sanitization.

(4) All contractor staff members are made aware of their responsibilities with respect to Privacy and Security. All contractors having access to RRB data must receive privacy awareness training and complete a RRB Form G-511, Information Privacy Certification by Contractor. They must also receive the RRB Information Security Awareness Training (G-15) and complete a RRB Form G-15a Employee Acknowledgement Statement.

(5) Contractor access to RRB data is limited to RRB approved sites.

(g) Breach notification and responsibilities:

The contractor hosting the solution is responsible for the proper safeguarding of Privacy Act data and is responsible to:

(1) Notify the RRB Contracting Officer Representative within one hour of detection of any potential or actual breach involving RRB data, and

(2) Is responsible for all associated related costs and remedies if the breach occurred with RRB data entrusted to their care.

5.

Implementation of Commonly Accepted Security Configurations for

Windows Operating Systems

a) The provider of information technology shall certify applications are fully functional and operate correctly as intended on systems using the

United States Government Configuration Baseline (USGCB)(see http://usgcb.nist.gov/ )This includes Internet Explorer 8, configured to operate on Windows 7. For the Windows 7 settings, see http://usgcb.nist.gov/usgcb/microsoft/download_win7.html.

b) The standard installation,…