W912PQ-20-Q-0041.pdf

SEE ADDENDUM

(No Collect Calls)

W912PQ20Q0041 17-Aug-2020

b. TELEPHONE NUMBER

518-786-4747

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 31 Aug 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912PQ9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CHRISTINE CAMPBELL

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0011519168

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

USPFO NY PURCHASING & CONTRACTING

330 OLD NISKAYUNA ROAD

LATHAM NY 12110-2224

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$30,000,000

NAICS:

541519

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF84

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W912PQ20Q0041

Section SF 30 - BLOCK 14 CONTINUATION PAGE

STATEMENT OF WORK

Statement of Work The Legal Affairs Directorate (MNLA) 330 Old Niskayuna Road Latham, NY 12110

Background: The Legal Affairs Directorate (MNLA), Joint Force Headquarters New York located in Latham, NY requires Legal Case Management software. MNLA requires accurate and efficient processing, stability and expanded record tracking functionality of all cases. Legal Files provides one interactive data source and workflow between multiple components. The Legal Affairs Directorate supports the oversight and management of agency legal cases, agency investigations, agency sexual assault/harassment cases, agency litigation, agency labor issues, and agency contract disputes. The tiered access to legal cases extends to the New York National Guard (NYNG) Army and Air JAG Corp, the NYNG Human Labor Relations Office, and the NYNG Sexual Assault Response Office all operating on the New York Guard Network Domain.

Scope: The Legal Files application must continue to perform as an automated, user-friendly investigation and case management system. The system must continue to support execution of the tracking and archiving of agency cases and investigations along with data history and reporting. This SOW includes efforts to provide MNLA with analysis and clarification of emerging technical requirements, configuration and customization of the Legal Files commercial off the shelf (COTS) software to meet MNLA and the New York National Guards requirements for a web based system. As a COTS product, NGNY expects the vendor to provide maintenance support; training, technical assistance and configuration assistance as Legal Files incorporated constantly adds functionality to the application and provide the latest in technological advances as a result of continued response to their commercial customer base. It is expected the continued support of MNLA’s unique requirements will continue to be maintained.

Namely, the support of Microsoft SQL as the database management system, develop and support varying user roles and permissions, use individual accounts, provide for 50 years of data archival, audit trails, unique case numbering, and requirement of a Department of Defense Common Access Card for authentication and authorization.

Assumptions: Government (MNLA) personnel will be responsible for configuring unique NYNG functionality, except for those outlined in the below scope of work, and the vendor will provide adequate training to enable government personnel to execute this requirement. Microsoft SQL will continue to be the database to be used and NYNG will update to the latest version about every 3 years, or stay within 2 major versions from the latest, whichever comes first. Vendor will ensure the Legal Files application and all its components will or can be made to execute within the NYNG Infrastructure.

NYNG will not necessarily upgrade to the latest version of Legal Files upon the vendor’s release, but target at least one release per year. Vendor will be successful in obtaining a FIPS 140-2 compliant smart card or USB token

Functional Specs:

The requirements described below MUST be included in the solution quoted/proposed.

Requirements. This contract will provide:

Vendor is a U.S Owned Business

Software manufactured within the U.S.

Software must pass DoD Certificate of Net Worthiness

The application must not require internet access.

The application must support offline license activation.

Solution Overview and Specific Requirements Applicable to Software Solution Offering. Solution Overview:

o The solution must be 100% Thin Client architecture.

o The solution must be scalable to millions of files per day.

o The solution has multiple phase requirements: Classification, Metadata creation and Extraction, and auto-classification.

o The File Analysis solution will identify documents that are due for disposition based on internal or external policies, tag metadata, and mark-up documents for review, deletion, migration etc.

o Discretely categorize documents regardless of format o Must be an agentless solution that has 3% or less of total index size of total content under management.

o Supported Operating Systems

Windows Platforms Windows Server 2016 Windows Server 2019 Windows 10 o Supported Databases Microsoft SQL Server 2016 and above o Supported Browsers Internet Explorer 11 and above Chrome Version 43.0.2357.124 and above Mozilla Firefox Version 38.0.1 and above o The application must also support running in a NYARNG managed on-premises virtualized environment

Software Maintenance Support o 24x7x365 ability to submit software Trouble Ticket /Feedback in software o Implement software updates as released o Implement software upgrades as released o Telephonic Help Desk Technical Support as needed o On-site software service

24 hour response from certified service engineer Check system status Troubleshoot reported issue and diagnose problem Repair system as required Complete functions test after repair Deliver detailed report o Annual Preventive Maintenance Visit Verify firmware revision and updates as needed Deliver Site Report with service recommendations Labor and travel at no additional cost

Web based user access o Runs entirely through Internet Explorer or Chrome o Any required plugins are installed on a customer’s own hardware.

File Security o Microsoft SQL Server database o Software deployed on premise o One central location on premises for all information/files/data related to each case o Secure on-site data storage

Customizable Software o Allows for unique and customized data input o Allows for multiple types of actions to be uniquely tracked o Customizable menus and screens o Customizable client information o Customizable organization grouping

User End Software Integration o Email integration for Outlook directly with case file o Microsoft Office integration to save and access files directly from case file o Adobe Acrobat integration to save and access files directly from case file o Ability to save emails, scanned images, notes, calendars, tasks, documents contact information, time tracking, case information directly to case file o Ability to ‘drag and drop’ file from user end file system directly to case file

Automatic Documentation Creation o Ability to create unique smart documents based on agency forms that the software can automatically populate with specific case file data o Software has ability to assemble and manage documents o Ability to modify document templates as needed

Client management o Customizable client data input o Automatically relates parties to a case file o Automatic conflict of interest checker and case connections o Ability to view current and prior client case involvements o Creates Client management reports o Ability to generate client activity summary report

Case File Management o Build Workflows, assign tasks, set deadlines o Date and time stamped tracking of case updates/modifications/deletions o Creates a unique and customizable case number each time a case file is created o Calendar that tracks deadlines, dates, schedule conflicts o File notes, including alerts o Office-wide contact management, including duplicate checker o Outcome Tracking and reports o Must have ability to group cases uniquely and assign teams uniquely based on a military hierarchy (i.e. A case created and assigned to a unique Division element, and then assign the team for that Division to that case so that the case is accessible only to that team) o Ability to ‘open’ and ‘close’ a case. Must be able to re-open a case once closed

User Management o Minimum of 25 unique user login for software access o Administrator ability to control user accounts and re-set passwords o Controlled and Customizable o User activity tracked and reports can be generated by administrators o Administrator ability to create and manage user teams o Administrator ability to assign or re-assign users.

o Case access and restrictions for individual users and teams o User assignment tracking o Ability to support a minimum of 25 unique users simultaneously o Users have a dashboard that uniquely shows their assigned cases, ‘to-do’, tasks, group information, and deadlines

Data Retrieval o Query data through multiple sources o Comprehensive search feature that searches current and historical information in:

Client cards Case files Case notes Case number Dates Users Documents Calendars Tasks o Ability to search based on key word from entire index of case information

Reports o Customizable reports that can be generated on current and historical cases, clients, and notes o Reports have ability to be exported to Microsoft Excel

Scope of Work

Vendor shall provide software and technical support services for Legal Files:

o Legal Files software package including full base package functionality for testing and production environments within NGNY o Thirty (25) Legal Files production user licenses (named) o Product setup/installation support, either on-site or remote at least once per year o Product configuration to support required NGNY unique capability o Maintenance support for length of contract to include base and any option years

Project Management o Vendor shall provide a projected annual release schedule and release notes depicting new features and benefits to be made available.

o Vendor shall provide assistance coordinating training to NGNY end users and information technology staff for each new release NGNY identifies for deployment.

Testing o Vendor shall provide input to the NGNY test manager to assist in development of test cases that test the product configuration, new release enhancements and defect fixes.

o Vendor shall support user acceptance testing of configured functionality, especially in the explanation and discussion of new features added since the last version deployed to the current one being tested and deployed at the NYNG.

Training.

o With each new release NGNY deploys, the vendor shall provide at least one (1) day of training teaching the new version’s capability applicable to the NGNY. Additionally, at least one (1) additional day will be for outstanding questions regarding configuration, installation, security, application management and features under consideration since the last deployed release training.

Deliverables

Annual release schedule, vendor’s format

Regular software upgrades without additional charge

At least one (1) NGNY configured and digitally signed version of Legal Files application software per year o DoD Common Access Card (CAC) Login enabled o Archival process to support 50 years of data o Additional configuration as agreed to by vendor and government, especially with regard to NGNY security and certification o Digitally signed plug-in / components as needed for certification

Thirty (25) Legal Files user licenses and accompanying certifiable digitally signed Microsoft Office Word, Excel and Outlook plugins

One (1) Production environment server license

One (1) Test environment server license

Telephone and e-mail end user support

Telephone and e-mail technical support

On-site application technical and end user training for each NGNY deployed version

Technical support for "walk-through" system administration

Network, application and database consultation to configure for compatibility and information assurance (security) considerations

Signed non-disclosure agreements (NDA) for each individual which may have incidental access to NGNY owned data in the course of executing this SOW

Other

Place of performance: The product development and/or configuration will take place at the vendor site. The product installation and training will be at New York National Guard, 330 Old Niskayuna Road, Latham, NY 12110

Period of Performance: Performance of this task is from date of contract award through one year considered the base year plus four option years

Inspection and Acceptance: Inspection and acceptance of work shall be accomplished by MNCI / MNLA

Government Furnished Property/Equipment: Vendor will provide all material in the delivery of this contract

Government Furnished Information: NGNY will provide all NGNY unique information needed to accomplish this contract unless requested information is deemed for official use only (FOUO) or higher in sensitivity

Miscellaneous: Title to and/or ownership of all software and documentation delivered under this contract, whether purchased or developed, shall be with government.

LICENSE AGREEMENT

The license or licenses which are applicable to this contract apply to the extent that they do not violate federal law, regulation, or other requirement.

LICENSE. Subject to the provisions of this Agreement, Licensor hereby grants Customer a perpetual (unless terminated pursuant to the provisions of this Agreement), non-exclusive, non-transferable license to: (a) install and use a single production instance of the Software in accordance with the Documentation and in compliance with all applicable laws; (b) make a reasonable number of copies of the Documentation solely for distribution to and use by its licensed users; and (c) make up to one (1) copy of the Software solely for back-up and archival purposes. The foregoing license is expressly limited to installation and use of those software applications and modules included in the Software for which Customer has placed an order by up to the number of named (i.e., non-concurrent) employees and contract staff of Customer and its wholly-owned subsidiaries for which Customer has paid the applicable license fees.

o The Department of Defense (DoD) shall have the right, without the prior written consent of the Publisher or its Authorized Resellers, to assign, reassign, or transfer software licenses or DoD's rights in the Software to an "Affiliate" of DoD, to include any governmental organization or commercial entity that is managed, operated or controlled by the DoD.

o Such authorization includes sublicensing, assignment or transfer among or between "Authorized Users". In the event an Authorized User is reorganized or restructured such that its responsibilities and operations are transferred to another DoD agency, the agency shall have the right to assign the affected program licenses to a successor. The licensed agency and the successor agency agree to be bound to this EULA. The transferee shall be bound by the license metrics and limitations in this license. DoD shall complete any required Licensor documentation required to facilitate the transfer of license and continuation of support for the transferee.

LICENSE RESTRICTIONS.

Customer will not, nor will Customer authorize any other person or entity to: (a) distribute, rent, lease, lend, sell, sublicense or otherwise make the Software available to any third party; (b) modify, adapt, alter, translate, or create derivative works of the Software; (c) use the Software in or as part of a service bureau, timesharing or outsourcing capacity, including acting as an ASP, host or data processor for any third party; (d) develop an alternative to the Software that is based on or derived from, in whole or in part, the Software, Documentation or other information or materials of Licensor; (e) remove or obscure any copyright, trademark or other proprietary rights notices or designations on the Software, Documentation or any copies thereof; or (f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software, except where such reverse engineering is expressly permitted under applicable law, but then only to the extent that Licensor is not entitled to limit such rights by contract.

o The Department of Defense (DoD) shall have the right, without the prior written consent of the Publisher or its Authorized Resellers, to assign, reassign, or transfer software licenses or DoD's rights in the Software to an "Affiliate" of DoD, to include any governmental organization or commercial entity that is managed, operated or controlled by the DoD.

O Such authorization includes sublicensing, assignment or transfer among or between "Authorized Users". In the event an Authorized User is reorganized or restructured such that its responsibilities and operations are transferred to another DoD agency, the agency shall have the right to assign the affected program licenses to a successor. The licensed agency and the successor agency agree to be bound to this EULA. The transferee shall be bound by the license metrics and limitations in this license. DoD shall complete any required Licensor documentation required to facilitate the transfer of license and continuation of support for the transferee.

EXCLUSIONS. The Software and Services warranties provided by Licensor specifically exclude, and Licensor makes no warranties and assumes no Support or other obligations or liabilities for problems arising out of or related to: (i) misuse, neglect or abuse of the Software; (ii) modifications to the Software or to Customer’s database structure not made or approved by Licensor; (iii) failure to install and use the most current release of the Software or the immediately prior release, or to implement Updates, recommendations or solutions previously supplied or made available by Licensor; (iv) Customer’s network, firewall, systems, hardware, third party software, or data, including a decision to operate on a system incompatible with the then-current system requirements for the Software; (v) backup, replication or recovery of files or data, including corruption or loss of data or Software due to Customer hardware failure or fault (although Licensor will use reasonable efforts to assist if such problems arise);

or (vi) acts or omissions of third parties, telecommunications failures, force majeure or other events beyond Licensor’s reasonable control. Licensor reserves the right to charge at its then-current time and materials rates for any services provided in connection with responding to, investigating and resolving warranty claims or Support requests made by Customer that are outside the scope of warranty and Support coverage.

PROPRIETARY RIGHTS. The Software is licensed, not sold. Licensor and its suppliers retain exclusive right, title and interest in and to the Software, including the executable code, source code, program architecture, design, coding methodology, Documentation, screen shots, “look and feel,” Support and other Services therefor, all Updates thereto, all goodwill arising therefrom, and all present and future copyrights, trademarks, trade secrets, patent rights and other intellectual property rights of any nature throughout the world embodied therein and appurtenant thereto. From time to time, Customer may submit suggestions, requests or other feedback for the Software. Licensor will be free to commercialize and use such feedback, including for developing improvements to its products and services, free of any claims, payment obligations, or proprietary, confidentiality or other restrictions of any kind. All rights and licenses to the Software not expressly granted to Customer by this Agreement are reserved by Licensor and its suppliers.

DISCLAIMER. EXCEPT FOR THE EXPRESS SOFTWARE AND SERVICES

WARRANTIES SET FORTH ABOVE, THE SOFTWARE AND SERVICES ARE

PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT REPRESENTATIONS OR

WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND ALL USE OF THE

SOFTWARE IS AT CUSTOMER’S OWN RISK. WITHOUT LIMITING THE

FOREGOING, LICENSOR HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-

INFRINGEMENT. THE SOFTWARE IS NOT INTENDED OR LICENSED FOR USE IN

ANY HAZARDOUS OR HIGH-RISK ACTIVITY. LICENSOR DOES NOT REPRESENT

OR WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR

ERRORFREE OR MEET CUSTOMER’S PARTICULAR BUSINESS, TECHNICAL OR

OTHER REQUIREMENTS. CUSTOMER IS SOLELY RESPONSIBLE FOR THE

SECURITY AND INTEGRITY OF ITS NETWORK, SYSTEMS AND DATA. NO

EMPLOYEE OR AGENT HAS AUTHORITY TO BIND LICENSOR TO ANY

REPRESENTATIONS OR WARRANTIES NOT EXPRESSLY SET FORTH IN THIS

AGREEMENT.

LIMITATIONS ON LIABILITY. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY

INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR

SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE

SOFTWARE OR THE SERVICES, INCLUDING LOSS OF BUSINESS, PROFITS, OR

REVENUE, LOSS OR DESTRUCTION OF DATA, OR BUSINESS INTERRUPTION OR

DOWNTIME, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE

TOTAL CUMULATIVE LIABILITY OF LICENSOR ARISING OUT OF AND RELATED

TO THIS AGREEMENT, THE SOFTWARE AND THE SERVICES WILL NOT,

REGARDLESS OF THE NUMBER INCIDENTS OR CAUSES GIVING RISE TO ANY

SUCH LIABILITY, EXCEED THE GREATER OF ONE THOUSAND DOLLARS ($1,000)

OR THE ACTUAL FEES PAID BY CUSTOMER TO LICENSOR FOR THE

SOFTWARE AND SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE

ACCRUAL OF THE FIRST SUCH CLAIM. THE LIMITATIONS ON LIABILITY IN THIS

SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER

APPLICABLE LAW, REGARDLESS OF THE CAUSE OF ACTION OR BASIS

OF LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE). THESE

LIMITATIONS ON LIABILITY ARE AN ESSENTIAL PART OF THIS AGREEMENT,

AND WILL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF

ITS ESSENTIAL PURPOSE. CONTRACTOR UNCLASSIFIED ACCESS TO

FEDERALLY CONTROLLED FACILITIES, SENSITIVE INFORMATION,

INFORMATION TECHNOLOGY (IT) SYSTEMS OR PROTECTED HEALTH

INFORMATION Homeland Security Presidential Directive (HSPD)-12, requires government agencies to develop and implement Federal security standards for Federal employees and contractors. The Deputy Secretary of Defense Directive-Type

Memorandum (DTM) 08-006 – “DoD Implementation of Homeland Security Presidential Directive – 12 (HSPD-12)” dated November 26, 2008 (or its subsequent DoD instruction) directs implementation of HSPD-12. This clause is in accordance with HSPD-12 and its implementing directives.

APPLICABILITY. This clause applies to contractor employees requiring physical access to any area of a federally controlled base, facility or activity and/or requiring access to a DON or DOD computer/network/system to perform certain unclassified sensitive duties. This clause also applies to contractor employees who access Privacy Act and Protected Health Information, provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Position, as advised by the command security manager. It is the responsibility of the responsible security officer of the command/facility where the work is performed to ensure compliance. Each contractor employee providing services at a NGNY Command under this contract is required to obtain a Department of Defense Common Access Card (DOD CAC). Additionally, depending on the level of computer/network access, the contract employee will require a successful investigation as detailed below.

ACCESS TO FEDERAL FACILITIES

Per HSPD-12 and implementing guidance, all contractor employees working at a federal or state controlled base, facility or activity under this clause will require a DoD CAC.

When access to a base, facility or activity is required contractor employees shall in-process with the NGNY Command’s Security Manager upon arrival to the NGNY Command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

ACCESS TO DOD IT SYSTEMS

Contractor employees who require access to r DoD networks are categorized as IT-I, IT-II, or IT-III. The IT-II level, includes positions which require access to information protected under the Privacy Act, to include Protected Health Information (PHI).

All contractor employees under this contract who require access to Privacy Act protected information are therefore categorized no lower than IT-II. IT Levels are determined by the requiring activity’s Command Information Assurance Manager.

Contractor employees requiring privileged or IT-I level access, (when specified by the terms of the contract) require a Single Scope Background Investigation (SSBI) which is a higher level investigation than the National Agency Check with Law and Credit (NACLC) described below. Due to the privileged system access, a SSBI suitable for High Risk public trusts positions is required. Individuals who have access to system control, monitoring, or administration functions (e.g. system administrator, database administrator) require training and certification to Information Assurance Technical Level 1, and must be trained and certified on the Operating System or Computing Environment they are required to maintain. Access to sensitive IT systems is contingent upon a favorably adjudicated background investigation. When access to IT systems is required for performance of the contractor employee’s duties, such employees shall in-process with the NGNY Command’s Security Manager and Information Assurance

Manager upon arrival to the NGNY command and shall out-process prior to their departure at the completion of the individual’s performance under the contract.

Completion and approval of a System Authorization Access Request form is required for all individuals accessing NGNY Information Technology resources. The decision to authorize access to a government IT system/network is inherently governmental. The contractor supervisor is not authorized to sign the SAAR-N; therefore, the government employee with knowledge of the system/network access required or the COR shall sign the SAAR-N as the “supervisor”. The SAAR-N shall be forwarded to the NGNY Command’s Security Manager at least 30 days prior to the individual’s start date.

Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date. When required to maintain access to required IT systems or networks, the contractor shall ensure that all employees requiring access complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required.

INTERIM ACCESS

The NGNY Command's Security Manager may authorize issuance of a DOD CAC and interim access to DOD unclassified computer/network upon a favorable review of the investigative questionnaire and advance favorable fingerprint results. When the results of the investigation are received and a favorable determination is not made, the contractor employee working on the contract under interim access will be denied access to the computer network and this denial will not relieve the contractor of his/her responsibility to perform.

DENIAL OR TERMINATION OF ACCESS

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan ahead in processing their employees and subcontractor employees. The contractor shall insert this clause in all subcontracts when the subcontractor is permitted to have unclassified access to a federally controlled facility, federally-controlled information system/network and/or to government information, meaning information not authorized for public release.

CONTRACTOR’S SECURITY REPRESENTATIVE

The contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three work days after contract award, the contractor shall provide to the requiring activity’s Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter. The Contractor’s Security Representative shall not be replaced or removed without prior notice to the Contracting Officer and Command Security Manager.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL

PROCESS FOR CONTRACTORS ASSIGNED TO NATIONAL SECURITY

POSITIONS OR PERFORMING SENSITIVE DUTIES

Security policy requires that all positions be given a sensitivity value based on level of risk factors to ensure appropriate protective measures are applied. NGNY recognizes contractor employees under this contract as Non-Critical Sensitive [ADP/IT-II] when the contract scope of work require physical access to a federally controlled base, facility or activity and/or requiring access to a DoD computer/network, to perform unclassified sensitive duties. This designation is also applied to contractor employees who access Privacy Act and Protected Health Information (PHI), provide support associated with fiduciary duties, or perform duties that have been identified by DON as National Security Positions. At a minimum, each contractor employee must be a US citizen and have a favorably completed NACLC to obtain a favorable determination for assignment to a non-critical sensitive or IT-II position. The NACLC consists of a standard NAC and a FBI fingerprint check plus law enforcement checks and credit check. Each contractor employee filling a non-critical sensitive or IT-II position is required to complete:

• SF-86 Questionnaire for National Security Positions (or equivalent OPM investigative product)

• Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

• Original Signed Release Statements Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. Background investigations shall be reinitiated as required to ensure investigations remain current (not older than 10 years) throughout the contract performance period. The Contractor’s Security Representative shall contact the Command Security Manager for guidance when reinvestigations are required. Regardless of their duties or IT access requirements ALL contractor employees shall in-process with the NGNY Command’s Security Manager upon arrival to the NGNY command and shall out-process prior to their departure at the completion of the individual’s performance under the contract. Employees requiring IT access shall also check-in and check-out with the NGNY Command’s Information Assurance Manager. Completion and approval of a System Authorization Access Request NGNY (SAAR-N) form is required for all individuals accessing NGNY Information Technology resources. The SAAR-N shall be forwarded to the NGNY Command’s Security Manager at least 30 days prior to the individual’s start date.

Failure to provide the required documentation at least 30 days prior to the individual’s start date shall result in delaying the individual’s start date. The contractor shall ensure that each contract employee requiring access to IT systems or networks complete annual Information Assurance (IA) training, and maintain a current requisite background investigation. Contractor employees shall accurately complete the required investigative forms prior to submission to the NGNY Command Security Manager. The NGNY Command’s Security Manager will review the submitted documentation for completeness prior to submitting it to the Office of Personnel Management (OPM).

Suitability/security issues identified by the NGNY may render the contractor employee ineligible for the assignment. An unfavorable determination made by the NGNY is final (subject to SF-86 appeal procedures) and such a determination does not relieve the contractor from meeting any contractual obligation under the contract. The NGNY Command’s Security Manager will forward the required forms to OPM for processing.

Once the investigation is complete, the results will be forwarded by OPM to the DON Central Adjudication Facility (CAF) for a determination. If the contractor employee already possesses a current favorably adjudicated investigation, the contractor shall submit a Visit Authorization Request (VAR) via the Joint Personnel Adjudication System (JPAS) or a hard copy VAR directly from the contractor’s Security Representative.

Although the contractor will take JPAS “Owning” role over the contractor employee, the NGNY Command will take JPAS "Servicing" role over the contractor employee during the hiring process and for the duration of assignment under that contract. The contractor shall include the IT Position Category for each employee designated on a VAR. The VAR requires annual renewal for the duration of the employee’s performance under the contract.

BACKGROUND INVESTIGATION REQUIREMENTS AND SECURITY APPROVAL

PROCESS FOR CONTRACTORS ASSIGNED TO OR PERFORMING NON-

SENSITIVE DUTIES

Contractor employee whose work is unclassified and non-sensitive (e.g., performing certain duties such as lawn maintenance, vendor services, etc ...) and who require physical access to publicly accessible areas to perform those duties shall meet the following minimum requirements:

• Must be either a US citizen or a US permanent resident with a minimum of 3 years legal residency in the United States (as required by The Deputy Secretary of Defense DTM 08-006 or its subsequent DoD instruction)

• Must have a favorably completed National Agency Check with Written Inquiries (NACI) including a FBI fingerprint check prior to installation access.

To be considered for a favorable trustworthiness determination, the Contractor’s Security Representative must submit for all employees each of the following:

• SF-85 Questionnaire for Non-Sensitive Positions

• Two FD-258 Applicant Fingerprint Cards (or an electronic fingerprint submission)

• Original Signed Release Statements The contractor shall ensure each individual employee has a current favorably completed National Agency Check with Written Inquiries (NACI) or ensure successful FBI fingerprint results have been gained and investigation has been processed with OPM. Failure to provide the required documentation at least 30 days prior to the individual’s start date may result in delaying the individual’s start date.

* Consult with your Command Security Manager and Information Assurance Manager for local policy when IT-III (non-sensitive) access is required for non-US citizens outside the United States.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Legal Case tracking Software

FFP

Legal Case tracking Software to provide all licenses, support, admininstration and training as stated in enclosed Performance Work statement.

FOB: Destination

PURCHASE REQUEST NUMBER: 0011519168

PSC CD: D319

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Contract Manpower Reporting

FFP

Please note the Contractor Manpower Reporting requirement is mandated by the

Dept. of Defense and requires the reporting of the dollar value of labor hours for the performance of an awarded service. Statement of Work/Contractor Manpower

Reporting. Requiring Activity UIC WBNAA. Contractor Manpower Reporting is for CLIN 0001 only.

Data collecting for contractor manpower will be submitted at the www.beta.sam.gov website starting September 2020.

FOB: Destination

PSC CD: D319

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2020 TO

01-OCT-2021

N/A JFHQ-NY, ATTN: MNCI

JUNE BRENNAN

330 OLD NISKAYUNA RD

LATHAM NY 12110

518-786-4352

W56PPG

0002 POP 30-SEP-2020 TO

01-OCT-2021

N/A (SAME AS PREVIOUS LOCATION)

W56PPG

CLAUSES INCORPORATED BY REFERENCE

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2020

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

MAR 2020

52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016

52.222-41 Service Contract Labor Standards AUG 2018

52.222-50 Combating Trafficking in Persons JAN 2019

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.233-3 Protest After Award AUG 1996

52.237-3 Continuity Of Services JAN 1991

52.242-15 Stop-Work Order AUG 1989

52.247-34 F.O.B. Destination NOV 1991

52.253-1 Computer Generated Forms JAN 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.227-7017 Identification and Assertion of Use, Release, or Disclosure

Restrictions

JAN 2011

252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

JUN 1995

252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

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

Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-

19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form

312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information

Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

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

Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.

(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form

312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information

Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the

Government determines that the Contractor is not in compliance with the provisions of this clause.

(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

(End of clause)

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541519.

(2) The small business size standard is $30,000,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or

Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at

52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the…