SOW 123A9422Q0010.pdf

US Department of Agriculture (USDA)

Statement of Work for

123A9422Q0010

Contents Project General Information

1.0 Scope of Work

2.0 Background

Contractor Requirements

3.0 Technical Requirements / Tasks

4.0 Government Furnished

5.0 Deliverables / Schedule

6.0 Travel

7.0 Contractor’s Key Personnel

8.0 Security Requirements

9.0 Data Rights

Project Statement of work for acquisition of Leica Aperio AT2 brightfield slide scanner, Leica Aperio eSlide Manager Hub License, Leica Barcode License and Leica AT2 Silver Service. This platform was presented to and approved by the FSIS Executive boards and received funding through a mission critical investment (MCI).

General Information

1.0 Scope of Work

The Eastern Laboratory Pathology Branch seeks to acquire a glass slide scanner for remote sharing of digitized slides among internal and external veterinary pathologists, experts on specific diseases [including Foreign Animal Diseases (FAD)], and in-plant Public Health Veterinarians (PHVs) making carcass dispositions. The quality of digital images produced by the slide scanner needs to be high so the goals of consultation, collaboration, and outreach can be met.

The contractor shall supply the Eastern Laboratory Pathology Branch a brightfield slide scanner device and system that has the capability to display digital images at high quality for diagnostic pathology, including optical resolution capability for pathologists to identify and characterize microorganisms by histochemical stains. Training on the glass slide scanner and associated software shall be provided by the contractor. Additionally, technical support shall be available for troubleshooting data storage and sharing should problems arise.

2.0 Background

Currently, upon request, pathologists take and email photomicrographs of the key diagnostic features for second opinions or to share with PHVs who submitted the sample. This process is very time consuming and only captures a small subset of data on the slides. There is a need to modernize the Pathology Branch’s way of sharing slides to improve quality and efficiency with collaborations, second opinions, and outreach. There is also a need to improve ways of correlating lesions between pathologists and PHVs making dispositions at establishments.

One of the best features of slide scanning is the ability to share the data on slides in real time as opposed to capturing a subset of the data via a still image (photomicrograph). This is a great advantage, for example when seeking second opinions from experts on specific diseases outside of the Pathology Branch, collaborating with members of other federal and state agencies on suspect foreign animal disease or public health concerns, and correlating histologic lesions with those seen grossly at establishments.

Incorporating digital pathology into the existing workflow will allow the Pathology Branch to take advantage of modern technology in the field of anatomic pathology which has become commonplace in research and diagnostic laboratories.

The capability to “digitize” pathology specimens affixed to glass slides allows veterinary pathologists to evaluate high resolution digital images by computer, either on-site or remotely. This modernizes scientific processes, creates data sharing efficiencies, enhances outreach and collaborations, and supports PHV training and education.

Contractor Requirements

3.0 Technical Requirements / Tasks

3.1 Phase II: Brightfield slide scanning device with associated system and software

3.1.1 The contractor shall supply a high-throughput brightfield slide scanning device with the following required features:

3.1.1.1 Advanced slide handling system with minimum 400-slide capacity (1” x 3” slides) with vertical slide holder racks designed to rapidly load and unload slides

3.1.1.2 Scanning speed (time to view image) of 60 seconds per slide at 20x and less than 180 seconds per slide at 40x (15mm x 15mm specimen size)

3.1.1.3 Sustained throughput of 50 slides per hour at 20x and 20 slides per hour at 40x

3.1.1.4 Magnification (15mm x 15mm specimen size)

3.1.1.5 Capable of creating digital slides with a minimum optical resolution of 0.50 microns/pixel at 20X magnification and 0.25 microns/pixel at 40X

3.1.1.6 Include a 20X/0.75 NA objective highly corrected for both spherical and chromatic aberration, capable of scanning at 10X, 20X, and 40X

3.1.1.7 Automated tissue finding with accuracy enhancement, focusing, and calibration processes that result in a validated rescan rate of less than 2% for properly sectioned and stained anatomical pathology slides

3.1.2 The contractor shall provide a system with a complete and integrated solution for digital pathology with the following required features:

3.1.2.1 High scanning speed to facilitate digitizing a collection/library of more than 100,000 microscope glass slides

3.1.2.2 Integrated barcode reading capabilities to parse slide barcode data into the digital pathology database

3.1.2.3 Fully supportive of future Laboratory Information Management System (Labware) integration and have proven reference sites using this integration to major LIMS software vendors, such as Labware

3.1.2.4 Enable real time viewing of digitized slides for large remote audiences in a webinar format, and for consultation and collaboration with individuals lacking specialized/custom software unique to the manufacturer of the slide scanner.

3.1.2.5 Output images in TIFF, CWS or JP2 formats

3.1.2.6 Windows 10 compatible

3.1.2.7 User’s manual (format determined by the contractor)

3.1.3 The contractor shall provide all power cords and USB (or equivalent) output cords for complete function of the slide scanner and system.

3.1.4 The contractor shall supply software for control of the slide scanner and for reading the digital glass slides.

3.1.5 The glass slide scanner system, cords, and software shall be received by the Eastern Laboratory within three (3) months of contract award.

3.2 Phase III: Installation and Training

3.2.1 The contractor shall install the brightfield slide scanning device, system, and software at the Eastern

Laboratory, Athens, GA with the assistance of the government-contracted IT specialists.

3.2.1.1 Installation shall be completed within three (3) months of contract award.

3.2.2 The contractor shall provide training to the technicians and pathologists on how to properly work the slide scanning device and system, how to store/archive images, and how to scan the digital slides at low and high magnifications. Training shall be provided in-person at the Eastern Laboratory, Athens, GA by a certified slide scanner representative. Training shall be completed after installation and all training shall be done on the newly purchased equipment.

3.2.2.1 Training shall be initiated no later than (3) months of contract award and should be completed for all pathologists and technicians in the Pathology Branch no later than six (6) months of contract award.

3.3 Phase IV: Preventive Maintenance and Service

3.3.1 The contractor shall service/calibrate the slide scanning device and system as preventive maintenance one year after installation of this equipment at the Eastern Laboratory.

3.3.1.1 A written report will be issued by the contractor on the state of this equipment and on all calibrations and/or service provided. Such reports will be provided as hard copies or via email within 48 hours of service/calibration.

3.3.2 Should the equipment and/or system require service between installation and annual preventive maintenance, the contractor shall provide service and replacement parts, as needed.

3.3.3 The contractor shall assist with trouble-shooting IT matters.

ORGANIZATIONAL CONFLICT OF INTEREST AND LIMITATION ON FUTURE CONTRACTING (SEPT 2008)

(a) The following provisions are in accordance with FAR Part 9.5:

a. The U.S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), including any echelon or sub-echelon activity of the USDA, will not consider the Contractor, its successor-in-interest, assignee, or affiliates as a prime source of supply for, nor allow it to be a subcontractor or consultant to a supplier for, any follow-on procurement of a system, subsystem, or major component thereof, including training related thereto for which the Contractor provides technical support services, analyses, system design and evaluation or other types of assistance ordered under this contract action. For examples of a follow-on procurement, see FAR Part 9.508. These examples are not all-inclusive, but are intended to help the Contracting Officer (CO) apply the general rules in FAR Part 9.505 to individual situations.

b. The above restrictions shall be included in all subcontracts, teaming arrangements, and other agreements calling for performance of work related to this contract action, unless exempted in writing by the CO.

c. To prevent unfair competitive advantage in the procurement of any similar federal support services which are the subject of this contract action, the contractor agrees that, until award of a contract action for by FSIS for any of these services it: (1) shall not disclose any information concerning the work under this contract action, including technology developed or findings and conclusions rendered by the Contractor in performing this contract action, to any prospective Contractor; and (2) shall not render any services of any kind related to this procurement to any prospective Contractor.

d. If, under the scope of this contract action, the Contractor is required to prepare a SOW or to design or develop specifications/requirements which are to be incorporated or used in a solicitation for future acquisition of a system, subsystem, or major component thereof relating to the subject matter of this contract action, the USDA, including any echelon or sub-echelon activity, will not consider the Contractor, its successor-in-interest, assignee, or affiliates as a prime source of supply for, nor allow it to be a subcontractor or consultant to a supplier for the procurement of the system, subsystem, or major component thereof. The Contractor, subcontractors and consultants at any tier have an affirmative duty to disclose to the CO actual, potential or apparent conflicts whenever there is reason to believe such exist or will exist.

e. The restrictions and provisions of paragraph (d), above, shall be in effect for a period of two years from the performance completion date of this contract action. At any time subsequent to the effective date of this contract action, the Government may either modify the restrictions of paragraphs (c), and (d), or waive the restrictions entirely if it is determined to be in the best interests of the Government. The restrictions contained herein do not limit the restrictions delineated in FAR Part 9.5.

4.0 Government Furnished

The contractor shall deliver the brightfield slide scanner, cords, software, and other essential equipment for function of the slide scanner to the Eastern Lab located at Richard B. Russell Research Center (RRC), 950 College Station Road, Athens, GA 30605. Installation and training must be performed at this same location. The contractor shall provide the names of all employees or sub-contracted personnel who will require access to RRC to perform installation, training, equipment preventive maintenance or equipment repair. Visits should be scheduled through the pathologists, including date and approximate time of arrival, at least 24 hours in advance of work being performed. Service personnel provided by the contractor must have valid picture identification to be allowed onto the premises.

Service hours for maintenance or repair services shall be provided during normal working hours, 8:00am to 5:00pm EST, Monday through Friday, excluding Federal Holidays (see http://www.opm.gov/Fedhol/ for a listing of the Federal Holidays).

5.0 Deliverables / Schedule

• Schedules for deliverables are specified in Exhibit A.

Exhibit A Key Deliverables

Item No. Deliverable Objective Due 1 Brightfield glass slide scanner system, software, power cords, and other necessary cords (e.g., output USB cords)

Acquisition of the digital pathology system

No later than 3 months of contract award

2 Installation of equipment and software at the Eastern Laboratory in Athens, GA

Proper installation of equipment and software necessary for scanning and slides and reading digitized slides

No later than 3 months of contract award

3 Training for all pathologists and technicians in the Pathology Branch on equipment and software

Full comprehension of digital pathology program for proper use by the Pathology Branch

Initiated no later than 3 months of contract award and completed no later than 6 months of contract award

4 User’s manual for the digital pathology system

Digital pathology system support No later than 3 months after contract award

5 Preventative maintenance service and calibration on the glass slide scanner

To minimize down time, unexpected repairs and optimize equipment function

Within one month, but no later than, the anniversary of installation

6 Preventative maintenance, calibration, or service reports

To provide written communication pertaining to the service

No later than 48 hours of maintenance, calibration, or service

6.0 Travel

All travel and shipping charges associated with acquisition, installation, training, preventative maintenance, and service should be included in the contract and should be covered by the contractor.

7.0 Contractor’s Key Personnel

The contracted work shall be done by a representative with current/updated training. Services shall be performed by fully trained and competent personnel in accordance with industry standards.

http://www.opm.gov/Fedhol/

8.0 Security Requirements

ACCESS TO SENSITIVE INFORMATION (FEB 2007)

(a) As used in this clause, “sensitive information” refers to information that a contractor has developed at private expense, or that the Government has generated that qualifies for an exception to the Freedom of Information Act, which is not currently in the public domain, and which may embody trade secrets or commercial or financial information, and which may be sensitive or privileged.

(b) To assist the U. S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) in accomplishing management activities and administrative functions, the Contractor shall provide the services specified elsewhere in this contract.

(c) If performing this contract entails access to sensitive information, as defined above, the Contractor agrees to -

(1) Utilize any sensitive information coming into its possession only for the purposes of performing the services specified in this contract, and not to improve its own competitive position in another procurement action.

(2) Safeguard sensitive information coming into its possession from unauthorized use and disclosure.

(3) Allow access to sensitive information only to those employees that need it to perform services under this contract.

(4) Preclude access and disclosure of sensitive information to persons and entities outside of the Contractor’s organization.

(5) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in this contract and to safeguard it from unauthorized use and disclosure.

(6) Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this contract.

(7) Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to the Contracting Officer, and implement any necessary corrective actions.

(d) The nature of the work on this contract may subject the Contractor and its employees to a variety of laws and regulations relating to ethics, conflicts of interest, corruption, and other criminal or civil matters relating to the award and administration of government contracts. Recognizing that this contract establishes a high standard of accountability and trust, the Government will carefully review the Contractor’s performance in relation to the mandates and restrictions found in these laws and regulations. Unauthorized uses or disclosures of sensitive information may result in termination of this contract for default, or in debarment of the Contractor for serious misconduct affecting present responsibility as a government contractor.

(e) The Contractor shall include the substance of this clause, including this paragraph (e); suitably modified to reflect the relationship of the parties, in all subcontracts that may involve access to sensitive information.

INFORMATION TECHNOLOGY SYSTEMS SECURITY (SEPT 2013)

The activities covered under by this contract shall require the Contractor’s access to Federal Automated Information System or systems, as well as the implementation of new systems. The Offeror’s proposal must include:

(1) A detailed outline (commensurate with the size and complexity of the Statement of Work) of its present and proposed information technology systems security program. The response must demonstrate that it complies with the security requirements of the SOW, the Federal Information Security Management Act of 2002 (FISMA, Public Law 107-347, 44 U.S.C. 3531-3536); Office of Management and Budget (OMB) Circular A-130, Appendix III “Security of Federal Automated Information Systems” (http://www.whitehouse.gov/omb/circulars_a130_a130appendix_iii) and an acknowledgement of its understanding of the security requirements of the SOW.

(2) A signed copy of the USDA FSIS IT Rules of Behavior shall be included with the Offeror’s proposal.

INFORMATION TECHNOLOGY SYSTEMS SECURITY CONTRACT REQUIREMENTS (JAN 2012)

The contractor shall establish and implement appropriate administrative, technical and physical safeguards to ensure the security and confidentiality of sensitive Government information, data, and/or equipment.

The contractor shall comply with IT systems security and/or privacy specifications set forth in FSIS and USDA directives, policy, and procedures; the Computer Security Act of 1987; Office of Management and Budget (OMB) Circular A-130;

and the Federal Information Security Management Act of 2002 (FISMA).

Pursuant to FSIS policy, the contractor shall be responsible for assuring that each contractor employee who requires routine unaccompanied physical access to a Federally-controlled facility and/or unaccompanied access to a Federally-controlled information system, including an FSIS-issued computer, completes Computer Security Awareness training prior to performing any work under this contract.

The contractor is required to maintain a listing of all individuals who have completed Computer Security Awareness training and submit this listing to the COR with a copy to the Contracting Officer within ten (10) calendar days of an individual starting work on this contract.”

ADDITIONAL PRIVACY ACT REQUIREMENTS (JAN 2012)

For contracts that are awarded with Federal Acquisition Regulations (FAR) and Agriculture Acquisition Regulations (AGAR) concerning the Privacy Act, Food Safety and Inspection Service (FSIS) requests that contractor employees complete Privacy Act training. Contractor employees may take the course at any place of their choice. An acceptable course is one that covers the basics of the Privacy Act. A certificate that shows completion of training is to be provided to the Contracting Officer’s Representative (COR).

Contractor employees are to complete at least one Privacy Act training course within thirty days after contract award and at least once each year thereafter. USDA offers free Privacy Act training for contractor employees that have a current contract. Contractor employees must be assigned to a current contract that is subject to the Privacy Act to receive the free training. The Contracting Officer (CO) and/or COR can be contacted for further information on procedures for Privacy Act training.

COMPLIANCE WITH INTERNET PROTOCAL VERSION 6 (IPv6) in Acquiring Information Technology (IPv6) (November 2016)

a) Any system, hardware, software, firmware or networked component (voice, video or data) developed, procured or acquired in support or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication 500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products:

b) (b)Specifically, any new IP product or system developed, acquired, or produced must:

(1) Interoperate with both IPv6 and IPv4 systems and products, and

(2) Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

c) As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost to the Government.

d) The Contractor shall provide technical support for both IPv4 and IPv6.

e) Any system or software must be able to operate on networks supporting IPv4, IPv6 or one that supports both.

f) Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified or replaced to bring it into compliance at no additional cost to the Government.

Food Safety and Inspection Service (FSIS) Information Technology (IT) Security Rules of Behavior for Privileged Users

Version 1.0 February 10, 2006

Introduction Purpose The intent of the FSIS Rules of Behavior (ROB) for Privileged Users is to recognize the additional responsibilities associated with special access to, and/or privileges associated with, computer resources within the Department or its offices/bureaus/components. The ROB for Privileged Users are in addition to the Computer System User IT Security General ROB to which all DOJ users are subject. The identification of these responsibilities originates in OMB A-130 and is included in the FSIS IT Security Standards.

“Privileged User” defined:

A privileged user is someone authorized access to departmental/office/bureau/component computer resources when that access provides the capability to alter the properties, behavior or control of the information system/network. It includes, but is not limited to, any of the following types of access:

a. “Super user,” “root,” or equivalent access, such as access to the control functions of the information system/network, administration of user accounts, etc.

b. Access to change control parameters (e.g., routing tables, path priorities, addresses) of routers, multiplexers, and other key information system/network equipment or software.

c. Ability and authority to control and change program files, and other users’ access to data.

d. Direct access to operating system level functions (also called unmediated access) that would permit system controls to be bypassed or changed.

e. Access and authority for installing, configuring, monitoring or troubleshooting the security monitoring functions of information systems/networks (e.g., network/system analyzers; intrusion detection software; firewalls) or in performance of cyber/network operations.

Who is covered by these rules?

These rules extend to all privileged users (FSIS employees and contractors) who use any computing resources that support the mission and functions of the Food Safety and Inspection Service. All privileged users will review and provide signature or electronic verification to these rules annually, or upon change of assigned responsibilities, whichever occurs first.

What are the penalties for Noncompliance?

Compliance with these rules will be enforced through sanctions commensurate with the level of infraction. Actions may include a verbal or written warning, removal of system access for a specific period of time, reassignment to other duties, or termination, depending on the severity of the violation. In addition, activities that lead to or cause the disclosure of classified information may result in criminal prosecution under the U.S. Code, Title 18, Section 798, and other applicable statutes.

Responsibilities Complying Privileged Users will:

1. Understand that it is their responsibility to comply with all security measures necessary to prevent the unauthorized disclosure, modification, or destruction of information; follow appropriate system security policies, guidelines and procedures

2. Agree to the FSIS General Rules of Behavior.

3. Minimize exposure and risk by utilizing a separate account to perform privileged functions from general user functions.

4. Not establish or reset any account utilizing the same password for more than one account, and will not provide the user name and password at the same time through the same medium.

5. Grant read or write authority no higher than is granted to him/her (e.g., a component level user administrator shall not assign department level access to another user administrator).

6. Access application programs only for the purpose of creating or maintaining files.

7. Not make modifications to system configurations that could impact availability or security of the system without the approval of the Change Control Board and/or change management process.

8. Not perform general user activities under the same account (user name and password) due to the security requirement for separation of duties.

9. Protect all passwords from unauthorized disclosure.

10. Not share accounts with another privileged user.

11. Make the system available at any time to the SAISO for inspection and review of audit logs.

12. Grant only read-only access to audit files to the Security Auditor; grant access to general system information only if a need-to-know is established and authorization is received from the ISSO.

13. Make the computer(s) available for periodic reviews of the security configuration by independent testers

14. Make changes to system configuration as directed to meet Vulnerability and Patch Management requirements.

15. Immediately record and report any security incidents to the ISSPM.

I acknowledge and understand the responsibilities associated with my role as a Privileged User, and I will comply with the February 10, 2006, Privileged User Rules of Behavior. The Statement of acknowledgement can be provided via email.

Typed Name

Signature Date

SCIENTIFIC INTERGRITY TRAINING (APR 2017)

In accordance with the United States Department of Agriculture (USDA) Department Regulation 1074-001 for contracts that are awarded in accordance with Federal Acquisition Regulations (FAR) and Agriculture Acquisition Regulations (AGAR), the FSIS requests that contractor employees complete at least one Scientific Integrity training course within ninety (90) days after contract award. Contractor employees must be assigned to a current FSIS contract to receive the free training. Contractor employees may take the course at any place of their choice. An acceptable course is one that issued to the contractor employee through the USDA AgLearn training system. A certificate issued by AgLearn showing completion of training is to be provided to the Contracting Officer’s Representative (COR). The COR and/or Contracting Officer (CO) can be contacted for further information on procedures for Scientific Integrity training.

Note to CORs: If contractor-personnel are not able to obtain e-Authentication to access AgLearn, you must e-mail the AgLearn Helpdesk at FSISAgLearn@fsis.usda.gov to request a paper copy of the course. Once contractor-personnel completes the training and notify the COR, the COR shall e-mail FSISAgLearn@fsis.usda.gov and request a course completion certificate be issued for the contractor-personnel. The COR should retain a copy as part of their COR records and send a copy of the certificate to the CO.

Software License Line Item Data (May 2018) In accordance with Office of Management and Budget Memorandum M-16-12, Category Management Policy 16-1:

Improving the Acquisition and Management of Information Technology: Software Licensing, USDA must maintain an inventory of its software licenses, including pricing data. The contractor shall provide line item pricing data on all software licenses provided to USDA at award and/or during performance of the contract/order. The attachment entitled “Software Template Line Item Pricing” must be completed and provided to the Contracting Officer’s Representative within three (3) months of award, or within three (3) months of activation for licenses provided after the award date.

Deliverable Schedule:

Deliverable Submitted to: Due Date:

Software Line Item Pricing Contracting Officer’s Representative Within 3 months of Award, or Within

3 months of Software Activation for Licenses Provided After Award Date mailto:FSISAgLearn@fsis.usda.gov mailto:FSISAgLearn@fsis.usda.gov

9.0 Data Rights

All contractor service, installation, and training technicians must sign a nondisclosure agreement prior to working on equipment or digital slide storage.

ACCESS TO SENSITIVE INFORMATION (FEB 2007)

(a) As used in this clause, “sensitive information” refers to information that a contractor has developed at private expense, or that the Government has generated that qualifies for an exception to the Freedom of Information Act, which is not currently in the public domain, and which may embody trade secrets or commercial or financial information, and which may be sensitive or privileged.

(b) To assist the U. S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) in accomplishing management activities and administrative functions, the Contractor shall provide the services specified elsewhere in this contract.

(c) If performing this contract entails access to sensitive information, as defined above, the Contractor agrees to

(1) Utilize any sensitive information coming into its possession only for the purposes of performing the services specified in this contract, and not to improve its own competitive position in another procurement action.

(2) Safeguard sensitive information coming into its possession from unauthorized use and disclosure.

(3) Allow access to sensitive information only to those employees that need it to perform services under this contract.

(4) Preclude access and disclosure of sensitive information to persons and entities outside of the

Contractor’s organization.

(5) Train employees who may require access to sensitive information about their obligations to utilize it only to perform the services specified in this contract and to safeguard it from unauthorized use and disclosure.

(6) Obtain a written affirmation from each employee that he/she has received and will comply with training on the authorized uses and mandatory protections of sensitive information needed in performing this contract.

(7) Administer a monitoring process to ensure that employees comply with all reasonable security procedures, report any breaches to the Contracting Officer, and implement any necessary corrective actions.

(d) The nature of the work on this contract may subject the Contractor and its employees to a variety of laws and regulations relating to ethics, conflicts of interest, corruption, and other criminal or civil matters relating to the award and administration of government contracts. Recognizing that this contract establishes a high standard of accountability and trust, the Government will carefully review the Contractor’s performance in relation to the mandates and restrictions found in these laws and regulations. Unauthorized uses or disclosures of sensitive information may result in termination of this contract for default, or in debarment of the Contractor for serious misconduct affecting present responsibility as a government contractor.

(e) The Contractor shall include the substance of this clause, including this paragraph (e); suitably modified to reflect the relationship of the parties, in all subcontracts that may involve access to sensitive information.

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFEROR (FEB 2007)

In accordance with FAR 15.204-1(b), the completed and submitted “Representations, Certifications, and Other Statements of Offeror”, are incorporated by reference in this resulting contract.

10.0 Section 508 – Electronic and Information Technology Standards

*508 COMPLIANCE ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY

(a) This SOW is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the

Federal Government procures Electronic and Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

(b) The EIT accessibility standards at 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board ("Access Board") and apply to contracts and task/delivery orders, awarded under indefinite quantity contracts on or after June 25, 2001.

(c) Each Electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities;

or

2. In the case of custom Electronic and Information Technology (EIT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all EIT products that are less than fully compliant

1. with the accessibility standards are provided pursuant to extensive market research and

2. are the most current compliant products or services available to satisfy the contract

3. requirements.

(e) For every EIT product or service accepted under this contact by the Government

4. that does not comply with 36 CFR 1194, the contractor shall, at the discretion of the

5. Government, make every effort to replace or upgrade it with a compliant equivalent

6. product or service, if commercially available and cost neutral, on either a contract

7. specified refresh cycle for the product or service, or on a contract effective

8. option/renewal date; whichever shall occur first.

Section 508 Compliance for Communications The vendor shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this SOW shall take precedence.

Rehabilitation Act, Section 508 Accessibility Standards

1. 29 U.S.C. 794d (Rehabilitation Act as amended)

2. 36 CFR 1194 (508 Standards)

3. www.access-board.gov/sec508/508standards.htm (508 standards)

4. FAR 39.2 (Section 508)

5. USDA Standards, policies and procedures (Section 508) In addition, all contract deliverables are subject to these 508 standards as applicable.

Regardless of format, all Web content or communications materials produced, including text, audio or video - must conform to applicable Section 508 standards to allow federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents above.

Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW shall be the responsibility of the contractor or consultant.

The following Section 508 provisions apply to the content or communications material identified in this SOW:

36 CFR Part 1194.21 a - l 36 CFR Part 1194.22 a - p 36 CFR Part 1194.31 a - f 36 CFR Part 1194.41 a – c http://www.access-board.gov/sec508/508standards.htm%20(508

The contractor shall provide a completed Section 508 Product Assessment Template and the contractor shall state exactly how proposed EIT deliverable(s) meet or does not meet the applicable standards.

The following Section 508 provisions apply for software development material identified in this SOW, PWS, or TO:

For software development, software applications, and operating systems the Contractor/Developer/Vendor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.21 (a – l) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information http://www.ocio.usda.gov/508/index.html#resources

For web-based applications (intranet, internet information and applications, 16 rules), the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.22 (a – p) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information http://www.ocio.usda.gov/508/index.html#resources For Telecommunication products the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.23 (a – k) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information http://www.ocio.usda.gov/508/index.html#resources

For video and multimedia applications (including training), the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.24 (a – e) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508) http://www.access-board.gov/sec508/508standards.htm http://www.ocio.usda.gov/508/index.html#resources http://www.access-board.gov/sec508/508standards.htm http://www.ocio.usda.gov/508/index.html#resources http://www.access-board.gov/sec508/508standards.htm http://www.ocio.usda.gov/508/index.html#resources http://www.access-board.gov/sec508/508standards.htm

a. Information Technology – General Information

For self-contained, closed products, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.25 (a – j) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information http://www.ocio.usda.gov/508/index.html#resources

For Desktop and portable computers, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards) 36 CFR Part 1194.26(a – d) 36 CFR Part 1194.31 (a – f) 36 CFR Part 1194.41 (a – c)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) USDA Standards, policies and procedures (Section 508)

a. Information Technology – General Information http://www.ocio.usda.gov/508/index.html#resources All Electronic Information Technology that is subject to the 36 CFR 1194 standards will have a Section 508 acceptance test and Section 508 will be validated upon acceptance.

All maintenance for Electronic Information Technology that requires upgrades, modifications, installations and purchases will adhere to the Section 508 Standards and 36 CFR 1194.

FY 2022 Mandatory Clauses for IT contracts (lab instruments with PCs or embedded computers and software applications)

4 November 2021

SECURITY REQUIREMENTS

Prior to performing services under this contract, all contractor employees requiring routine physical access to Federally-controlled facilities or routine access to Federally-controlled information systems must go through an FSIS identity proofing and registration process, and must have been successfully identity proofed, and have a successfully adjudicated National Agency Check with (Written) Inquiries (NACI) or Office of Personnel Management (OPM)/National Security (NS) Background Investigation (BI) to serve on this contract. Further, any Contractor employee having access to Departmental investigation information will need at least a level of trust background investigation.

http://www.ocio.usda.gov/508/index.html#resources

The Contractor shall comply with IT systems security and/or privacy specifications set forth in the Computer Security Act of 1987; Office of Management and Budget (OMB) Circular A-130; and the Federal Information Security Management Act of 2002 (FISMA).

Pursuant to FSIS policy, the Contractor shall be responsible for assuring that each Contractor employee has completed training in Computer Security Awareness prior to performing any task order work. The Contractor shall be required to maintain a listing of all individuals who have completed this training and submit this listing to the COR with a copy to the Contracting Officer.

The Contractor shall be responsible for properly protecting any Government property provided for use in this effort and all Government data and information used, gathered or developed as a result of this SOW and will treat this information as sensitive. The Contractor shall establish and implement appropriate administrative, technical and physical safeguards to ensure the security and confidentiality of sensitive Government information, data, and/or equipment. The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect government information.

The Contractor shall forward any requests for such information to the COR.

Contractor personnel shall not associate (wireless) or otherwise connect any non-Government approved devices to a Government network.

Contractor personnel shall not disconnect a network-connected Government IT device or connect a Government IT device to a Government network, if not already connected, without explicit approval from laboratory IT support staff.

Before connecting any external storage devices or media (e.g., DVD, CD, flash drives, external USB drives, etc.) to a Government computing device (e.g., laboratory instrument controller PC or instrument with embedded computer), whether Government owned or leased, contractor personnel shall present the storage device or media to local IT support staff for malware scanning. Only devices/media determined by the Government to be malware free may be connected to Government computing devices.

Contractor personnel, as applicable and as determined by the COR, shall sign a non-disclosure agreement.

NON-DISCLOSURE REQUIREMENTS

If the contractor acts on behalf of, or provides advice with respect to any phase of an agency procurement, as defined in FAR 3.104-4, then the contractor shall ensure that all its personnel (to include subcontractors, teaming partners, and consultants) who will be personally and substantially involved in the performance of the TO:

a. Execute and submit a Corporate Non-Disclosure Agreement (NDA) Form (Attachment A) and submit to the CO, prior to the commencement of any work on the TO, and

b. Are instructed in the FAR 3.104 requirements for disclosure, protection, and marking of contractor bid or proposal information, or source selection information.

All proposed replacement contractor personnel also must submit an NDA and be instructed in the requirements of FAR 3.104. Any information provided by contractors in the performance of this TO or obtained by the Government is only to be used in the performance of the TO. The contractor shall put in place appropriate procedures for the protection of such information and shall be liable to the Government for any misuse or unauthorized disclosure of such information by its personnel, as defined above.

SECTION 508 COMPLIANCE (Nov 2021)

1. Section 508 – Accessibility of Information and Communications Technology

This contract vehicle is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 749d) as amended by the Workforce Investment Act of 1998 (P.L. 105-220). The Revised Section 508 Standards, which consist of 508 Chapters 1 and 2 (Appendix A), along with Chapters 3 through 7 (Appendix C), contain scoping and technical requirements for information and communication technology (ICT) to ensure accessibility and usability by individuals with disabilities. Compliance with these standards is mandatory for Federal agencies subject to Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d).

Each ICT product or service furnished under this contract shall comply with the Revised Section 508 ICT Accessibility Standards at a minimum, as specified in the contract. If any furnished product or service is determined to be noncompliant, the Contracting Officer will notify the Contractor in writing.

The Contractor shall, without charge to the Government, remediate or replace the noncompliant products or services within a specified timeframe as determined by the Government in writing. If such remediation or replacement is not completed within the time specified, the Government shall have the following recourses:

1) Cancellation of the contract, delivery, task order, purchase, or line item without termination liabilities; or

2) In the case of custom ICT being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant ICT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

The contractor must ensure all noncompliant ICT products and services are provided pursuant to extensive market research and exhibit the highest level of compliance while satisfying the contract requirements.

For every ICT product or service accepted under this contract by the Government that does not comply with the Revised Section 508 Accessibility Standards, the contractor shall, at the discretion of the Government, remediate or upgrade the item with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date, whichever shall occur first.

2. Section 508 Compliance Vendors, contractors, and their respective ICT products and services shall comply with the following standards, policies, and procedures. In the event of conflicts between the referenced documents and this contract vehicle, the contract vehicle shall take precedence.

1) Revised Section 508 ICT Accessibility Standards

2) Section 508 of the Rehabilitation Act as amended (29 U.S.C. 794d)

3) Federal Acquisition Regulation (FAR) Subpart 39.2

4) USDA Section 508 Departmental Regulation

Additionally, all contract deliverables are subject to these standards.

All ICT products and services, regardless of format, must conform to the applicable Section 508 standards to allow Federal employees and members of the public with disabilities equivalent access to and use of information and data provided to those without disabilities.

All contractors, sub-contractors, and consultants are responsible for preparing or posting content must comply with the applicable Section 508 accessibility standards and, where applicable, those set forth in the referenced policy or standards document. Remediation of any noncompliant ICT or materials as set forth in this contract vehicle shall be the responsibility of the contractor, sub-contractor, or consultant.

According to the Access Board’s Section 508 Scoping Requirements The following Section 508 provisions apply to the products and/or services identified in this contract vehicle:

https://www.access-board.gov/ict/#about-the-ict-accessibility-standards…