SOLICITATION OFFER AND AWARD 2 CONTRACT NUMBER 1 THIS CONTRACT IS A RATED ORDER UNDER DPAS 15 CFR 7900 3 SOLICITATION NUMBER 4 TYPE OF SOLICITATION 000SB CODE PAGE 5 DATE ISSUED OF 1 PAGES 114 6 REQUISITION PURCHASE NUMBER SEALED BID IFB NEGOTIATED RFP SB1341-17-RP-0007 7 ISSUED BY RATING NB773000-17-00774 NB773000-17-00774 8 ADDRESS OFFER TO If other than Item 7 NATIONAL INST OF STDS AND TECHNOLOGY 100 BUREAU DRIVE STOP 1640 BUILDING 301 ROOM B129 GAITHERSBURG MD 20899-1640 NOTE In sealed bid solicitations offer and offeror mean bid and bidder SOLICITATION 9 Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8 or if handcarried in the depository located in until 3 00 PM ET local time Hour MAY 01 2017 Date CAUTION - LATE Submissions Modifications and Withdrawls See Section L Provision No 52 214-7 or 52 215-1 All offers are subject to all terms and conditions contained in this solicitation 10 FOR INFORMATION CALL A NAME B TELEPHONE NO COLLECT CALLS C E-MAIL ADDRESS CHANTEL ADAMS AREA CODE chantel adams@nist gov NUMBER 301 EXT 975-6338 11 TABLE OF CONTENTS X SEC DESCRIPTION PAGES S X SEC DESCRIPTION PART 1 - THE SCHEDULE PAGE S PART II - CONTRACT CLAUSES X A SOLICITATION CONTRACT FORM 1-1 X B SUPPLIES OR SERVICES AND PRICES COSTS 2 - 27 X I CONTRACT CLAUSES 57 - 72 X C DESCRIPTION SPECS WORK STATEMENT 28 - 36 D PACKAGING AND MARKING X E INSPECTION AND ACCEPTANCE 37 - 37 X F DELIVERIES OR PERFORMANCE 38 - 38 X G CONTRACT ADMINISTRATION DATA 39 - 44 X L INSTRS CONDS AND NOTICES TO OFFERORS 90 - 107 X H SPECIAL CONTRACT REQUIREMENTS 45 - 56 X M EVALUATION FACTORS FOR AWARD 108 - 114 PART III - LIST OF DOCUMENTS EXHIBITS AND OTHER ATTACH X J LIST OF ATTACHMENTS - 73 - 74 PART IV - REPRESENTATIONS AND INSTRUCTIONS X K REPRESENTATIONS CERTIFICATIONS AND OTHER 75 - 89 STATEMENTS OF OFFERORS OFFER NOTE Item 12 does not apply if the solicitation includes the provisions at 52 214-16 Minimum Bid Acceptance Period 12 In compliance with the above the undersigned agrees if this offer is accepted within calendar days 60 calendar days unless a different period is inserted by the offeror from the date for receipt of offers specified above to furnish any or all items upon which prices are offered at the set opposite each item delivered at the designated point s within the time specified in the schedule 10 CALENDAR DAYS % 13 DISCOUNT FOR PROMPT PAYMENT 20 CALENDAR DAYS % 30 CALENDAR DAYS % CALENDAR DAYS % See Section I Clause No 52 232-8 AMENDMENT NO 14 ACKNOWLEDGMENT OF AMENDMENTS DATE AMENDMENT NO DATE The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated CODE FACILITY 16 NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 15A NAME AND ADDRESS OF OFFEROR Type or print 15B TELEPHONE NUMBER AREA CODE NUMBER EXT 15C CHECK IF REMITTANCE ADDRESS IS DIFFERENT 17 SIGNATURE 18 OFFER DATE FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE AWARD To be completed by Government 19 ACCEPTED AS TO ITEMS NUMBERED 20 AMOUNT 21 ACCOUNTING AND APPROPRIATION 22 AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION 10 U S C 2304 c 41 U S C 3304 a 23 SUBMIT INVOICES TO ADDRESS SHOWN IN 4 copies unless otherwise specified 24 ADMINISTERED BY If other than Item 7 25 PAYMENT WILL BE MADE BY 26 NAME OF CONTRACTING OFFICER Type or print 27 UNITED STATES OF AMERICA ITEM CODE 28 AWARD DATE Signature of Contracting Officer IMPORTANT - Award will be made on this Form or on Standard Form 26 or by other authorized official written notice Must be fully completed by offeror AUTHORIZED FOR LOCAL REPRODUCTION Previous edition is unusable STANDARD FORM 33 REV 6 2014 Prescribed by GSA - FAR 48 CFR 53 214 c PAGE 1 OF 114 SB1341-17-RP-0007 SCHEDULE Continued ITEM NO SUPPLIES SERVICES QUANTITY UNIT UNIT PRICE AMOUNT BASE PERIOD September 30 2017 through September 29 2018 0001 Contractor Performance of requirements as specified in the Performance Work Statement in Section C of this Request for Proposals 1 00 LO 1 00 LO 1 00 LO 1 00 LO 1 00 LO Period of Performance 09 29 2017 to 09 28 2018 Option Period 1 September 30 2018 through September 29 2019 OPT 0002 Contractor Performance of requirements as specified in the Performance Work Statement in Section C of this Request for Proposals Period of Performance 09 30 2018 to 09 29 2019 Option Period 2 September 30 2019 through September 29 2020 OPT 0003 Contractor Performance of requirements as specified in the Performance Work Statement in Section C of this Request for Proposals Period of Performance 09 30 2019 to 09 29 2020 Option Period 3 September 30 2020 through September 29 2021 OPT 0004 Contractor Performance of requirements as specified in the Performance Work Statement in Section C of this Request for Proposals Period of Performance 09 30 2020 to 09 29 2021 Option Period 4 September 30 2021 through September 29 2022 OPT 0005 Contractor Performance of requirements as specified in the Performance Work Statement in Section C of this Request for Proposals Period of Performance 09 30 2021 to 09 29 2022 PAGE 2 OF 114 SB1341-17-RP-0007 Table of Contents SECTION B SUPPLIES OR SERVICES AND PRICES COSTS 2 B 1 SCHEDULE OF LABOR CATEGORIES 6 B 2 MINIMUM AND MAXIMUM CONTRACT AMOUNTS 26 SECTION C DESCRIPTION SPECIFICATIONS WORK STATEMENT 28 C 1 IDIQ PERFORMANCE WORK STATEMENT 28 SECTION E INSPECTION AND ACCEPTANCE 37 E 1 52 246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996 37 E 2 52 246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR MAR 2001 37 SECTION F DELIVERIES OR PERFORMANCE 38 F 1 52 242-15 STOP-WORK ORDER AUG 1989 38 F 2 52 242-17 GOVERNMENT DELAY OF WORK APR 1984 38 F 3 1352 270-70 SECTION G PERIOD OF PERFORMANCE APR 2010 38 CONTRACT ADMINISTRATION DATA 39 G 1 1352 201-70 CONTRACTING OFFICER s AUTHORITY APR 2010 39 G 2 1352 201-72 CONTRACTING OFFICER S REPRESENTATIVE COR APR 2010 39 G 3 1352 216-76 PLACEMENT OF ORDERS APR 2010 39 G 4 1352 245-70 GOVERNMENT FURNISHED PROPERTY APR 2010 39 G 5 IDIQ CONTRACT INFORMATION 40 SECTION H SPECIAL CONTRACT REQUIREMENTS 45 H 1 1352 208-70 RESTRICTIONS ON PRINTING AND DUPLICATING APR 2010 45 H 2 1352 209-72 RESTRICTIONS AGAINST DISCLOSURE APR 2010 45 H 3 1352 209-73 COMPLIANCE WITH THE LAWS APR 2010 45 H 4 1352 209-74 ORGANIZATIONAL CONFLICT OF INTEREST APR 2010 45 H 5 1352 216-74 TASK ORDERS APR 2010 45 H 6 1352 231-71 DUPLICATION OF EFFORT APR 2010 46 H 7 1352 237-70 H 8 SECURITY PROCESSING REQUIREMENTS - HIGH OR MODERATE RISK CONTRACTS APR 2010 46 1352 237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS APR 2010 47 H 9 KEY PERSONNEL APR 2010 48 H 10 1352 239-71 ELECTRONIC AND INFORMATION TECHNOLOGY APR 2010 49 H 11 1352 239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES APR 2010 50 H 12 NIST LOCAL-07 COMPUTER SECURITY POLICY 51 H 13 NIST LOCAL-36 TRAVEL NOTE 52 H 14 NIST LOCAL-40 BILLING INSTRUCTIONS FOR DELIVERY TASK ORDERS 52 H 15 LOCAL CLAUSE - CONVERSION OF CONTRACT TYPE 52 H 16 LOCAL CLAUSE CONTRACTOR RESPONSIBILITY 53 H 17 LOCAL CLAUSE - NON PERSONAL SERVICES 54 H 18 LOCAL FLOWDOWN PROVISION 55 SECTION I CONTRACT CLAUSES 57 I 1 LIMITATION OF COSTS ON LABOR HOUR TASK ORDERS 57 I 2 52 202-1 DEFINITIONS NOV 2013 58 I 3 52 203-3 GRATUITIES APR 1984 59 I 4 52 203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014 59 I 5 52 203-12 I 6 52 204-4 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT 2010 59 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY 2011 59 PAGE 3 OF 114 SB1341-17-RP-0007 Table of Contents I 7 52 204-7 SYSTEM FOR AWARD MANAGEMENT JUL 2013 59 I 8 52 204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011 59 I 9 52 212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS MAY 2015 59 I 10 52 212-4 I CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS MAY 2015 --ALTERNATE I MAY 2014 59 I 11 52 215-2 AUDIT AND RECORDS--NEGOTIATION OCT 2010 59 I 12 52 215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT OCT 1997 59 I 13 52 217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS OCT 1997 59 I 14 52 217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM MAR 1989 59 I 15 52 219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2014 59 I 16 52 223-6 DRUG-FREE WORKPLACE MAY 2001 60 I 17 52 224-1 PRIVACY ACT NOTIFICATION APR 1984 60 I 18 52 224-2 PRIVACY ACT APR 1984 60 I 19 I 20 52 227-1 AUTHORIZATION AND CONSENT DEC 2007 60 52 227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT DEC 2007 60 I 21 52 227-3 PATENT INDEMNITY APR 1984 60 I 22 52 227-14 RIGHTS IN DATA--GENERAL MAY 2014 60 I 23 52 227-17 RIGHTS IN DATA--SPECIAL WORKS DEC 2007 60 I 24 52 227-23 RIGHTS TO PROPOSAL DATA TECHNICAL JUN 1987 60 I 25 52 229-3 FEDERAL STATE AND LOCAL TAXES FEB 2013 60 I 26 52 232-1 PAYMENTS APR 1984 60 I 27 52 232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002 60 I 28 52 232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984 60 I 29 52 232-11 EXTRAS APR 1984 60 I 30 52 232-17 INTEREST MAY 2014 61 I 31 52 232-18 AVAILABILITY OF FUNDS APR 1984 61 I 32 52 232-23 ASSIGNMENT OF CLAIMS MAY 2014 61 I 33 52 232-25 PROMPT PAYMENT JUL 2013 61 I 34 52 233-1 DISPUTES MAY 2014 61 I 35 52 233-3 PROTEST AFTER AWARD AUG 1996 61 I 36 52 233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004 61 I 37 52 242-13 I 38 52 244-2 SUBCONTRACTS OCT 2010 61 BANKRUPTCY JUL 1995 61 I 39 52 245-1 GOVERNMENT PROPERTY APR 2012 61 I 40 52 245-9 USE AND CHARGES APR 2012 61 I 41 52 246-25 I 42 52 249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT FIXED-PRICE APR 2012 63 I 43 52 249-8 DEFAULT FIXED-PRICE SUPPLY AND SERVICE APR 1984 63 I 44 52 249-14 I 45 I 46 LIMITATION OF LIABILITY--SERVICES FEB 1997 63 EXCUSABLE DELAYS APR 1984 63 52 253-1 52 212-5 COMPUTER GENERATED FORMS JAN 1991 64 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-- COMMERCIAL ITEMS SEPT 2016 64 I 47 52 216-18 ORDERING OCT 1995 67 I 48 52 216-19 ORDER LIMITATIONS OCT 1995 67 I 49 52 216-22 INDEFINITE QUANTITY OCT 1995 68 I 50 52 217-8 OPTION TO EXTEND SERVICES NOV 1999 68 I 51 52 217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000 68 I 52 52 232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS AUG 2012 69 I 53 52 237-3 CONTINUITY OF SERVICES JAN 1991 71 I 54 52 252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998 72 PAGE 4 OF 114 SB1341-17-RP-0007 Table of Contents I 55 SECTION J J 1 SECTION K K 1 52 252-6 AUTHORIZED DEVIATIONS IN CLAUSES APR 1984 72 LIST OF ATTACHMENTS 73 LIST OF ATTACHMENTS 73 REPRESENTATIONS CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS 75 52 203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS SEP 2007 75 K 2 52 204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS APR 2016 75 K 3 52 209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS OCT 2015 77 K 4 52 209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS JULY 2013 79 K 5 52 212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS JUL 2016 79 K 6 52 219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS OCT 2014 87 K 7 52 222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS FEB 1999 89 K 8 52 222-25 AFFIRMATIVE ACTION COMPLIANCE APR 1984 89 SECTION L L 1 L 2 L 3 INSTRUCTIONS CONDITIONS AND NOTICES TO OFFERORS 90 52 212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS OCT 2016 90 INSTRUCTIONS TO OFFERORS 92 INQUIRIES 104 L 4 52 216-1 L 5 52 216-27 SINGLE OR MULTIPLE AWARDS OCT 1995 106 L 6 52 233-2 SERVICE OF PROTEST SEP 2006 106 L 7 52 252-1 TYPE OF CONTRACT APR 1984 105 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB 1998 106 L 8 1352 233-70 AGENCY PROTESTS APR 2010 106 L 9 1352 233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS APR 2010 107 SECTION M EVALUATION FACTORS FOR AWARD 108 M 1 EVALUATION FACTORS FOR AWARD 108 M 2 52 217-5 EVALUATION OF OPTIONS JUL 1990 113 PAGE 5 OF 114 SB1341-17-RP-0007 SECTION B SUPPLIES OR SERVICES AND PRICES COSTS B 1 SCHEDULE OF LABOR CATEGORIES PAGE 6 OF 114 SB1341-17-RP-0007 SCHEDULE OF LABOR CATEGORIES The following section details the labor categories that will be applied to this IDIQ contract The labor categories described here are required for this contract Each labor category has a description of the type of work to be performed under each the minimum experience requirements and minimum education requirements The description of the work to be performed under each labor category is a generalized description and may be expanded upon under individual task orders where the work will be better defined It is assumed all degrees will be from accredited colleges or universities Degrees from non-accredited institutions will not be accepted except when these are degrees from foreign universities Analysis Specialist Minimum General Experience This position requires a minimum of 5 years’ experience of which at least 2 years must be specialized experience in vulnerability analysis incident response or vulnerability management Must demonstrate the ability to work independently or under only general direction Functional Responsibilities Duties may include but are not limited to Analyzes configuration settings vulnerabilities patches and applies standardized scoring models Must demonstrate good written and verbal communication skills for client interactions May provide daily supervision and direction to support staff Minimum Education Associates Degree IT industry certification in a platform or applications i e MCSA MSCE CCNA CCNE SCSA etc or demonstrated work experience in vulnerability analysis OR a Bachelor’s degree with at least 2 years specialized experience in vulnerability analysis incident response or vulnerability management OR no degree and at least 6 years of experience of which 2 years must be specialized experience in vulnerability analysis incident response or vulnerability management Applications Engineer Intermediate Minimum General Experience This position requires a minimum of 6 years’ experience of which at least 4 years must be specialized Specialized experience includes experience as an applications programmer on data base management systems knowledge of computer equipment and ability to develop complex software to satisfy design objectives Demonstrated ability to work independently or under only general direction Functional Responsibilities Duties may include but are not limited to Applies a systematic disciplined quantified engineering approach to the development operation and maintenance of software Analyzes functional business applications and design     PAGE 7 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    specifications for functional activities Develops block diagrams and logic flow charts Translates detailed design into computer software Tests debugs and refines the computer software to produce the required product Prepares required documentation including both program-level and user-level documentation Enhances software to reduce operating time or improve efficiency May provide technical direction to programmers to ensure program deadlines are met Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance OR a Master’s Degree in subjects described above and 3 years general experience of which at least 3 years must be specialized experience OR no degree and 10 years of general experience of which at least 4 years must be specialized experience Application Engineer Senior Minimum General Experience This position requires a minimum of 10 years’ experience managing or performing software engineering activities of which at least 8 years must be specialized Specialized experience includes demonstrated experience with programming languages in the design and implementation of systems and using database management systems General experience includes increasing responsibilities in software engineering activities Knowledgeable of applicable standards Functional Responsibilities Duties may include but are not limited to Leads the application of a systematic disciplined quantified engineering approach to the development operation and maintenance of software Analyzes and studies complex system requirements Designs software tools and subsystems to support software reuse and domain analyses and manages their implementation Manages software development and support using formal specifications data flow diagrams other accepted design techniques and when appropriate Computer Aided Software Engineering CASE tools Estimates software development costs and schedule Reviews existing programs and assists in making refinements reducing operating time and improving current techniques Supervises software configuration management Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance OR a Master’s Degree in subjects described above from an accredited college or university and 7 years general experience of which at least 5 years must be specialized experience OR no degree and 14 years of Page 2 of 20  PAGE 8 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    general experience of which at least 12 years must be specialized experience Application Tester Minimum General Experience This position requires a minimum of 5 years’ experience of which at least 3 years must be specialized Specialized experience includes experience as an application tester for web-based applications REST-based data services XML or JSON data formats knowledge of computer equipment and ability to develop complex software testing approaches to satisfy design objectives and user requirements Have experience with automated testing frameworks for web-based user interfaces service-based testing and performance testing web applications Increasingly complex and progressive experience in conducting requirements analysis consisting of development of use cases and design of integration and functional tests for application development projects Demonstrated ability to work independently or under only general direction Functional Responsibilities Duties may include but are not limited to analyzes design specifications and developed applications for testing activities Applies testing expertise to verify application functionality in support of user requirements Prepares required documentation including test plans and test reports Develops test procedures and automated testing scripts Participates in all phases of risk management assessments and software hardware development with emphasis on analysis of user requirements test design and test tools selection Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance OR a Master’s Degree in subjects described above and 2 years’ general experience of which at least 1 years must be specialized experience OR no degree and 9 years of general experience of which at least 5 years must be specialized experience Cybersecurity Subject Matter Expert Intermediate Minimum General Experience This position requires a minimum 10 years of cybersecurity related experience in one or more of the critical infrastructure sectors and familiarity with the legal and regulatory cybersecurity frameworks associated with respective critical infrastructure sectors especially as related to executive-level risk management common cybersecurity practices and cybersecurity tools and metrics Page 3 of 20  PAGE 9 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    Functional Responsibilities Assists with applying subject matter expertise to high-level analysis and guidance development for some of the nation’s top cybersecurity challenges Assists with applying high-level facilitation skills within large groups in order to derive stakeholder cybersecurity imperatives and support the prioritization of sometimes competing cybersecurity imperatives Minimum Education A Bachelor’s degree with a curriculum or major field of study which is closely related to the work to be performed and or in a computer science information systems engineering or a mathematics-intensive discipline OR a Master’s Degree and 7 years of specialized experience in a field closely related to cybersecurity OR a PhD and 4 years of specialized experience in a field closely related to cybersecurity Cybersecurity Subject Matter Expert Senior Minimum General Experience This position requires a minimum 15 years of cybersecurity related experience in one or more of the critical infrastructure sectors and familiarity with the legal and regulatory cybersecurity frameworks associated with respective critical infrastructure sectors especially as related to executive-level risk management common cybersecurity practices and cybersecurity tools and metrics Functional Responsibilities Applies subject matter expertise to high-level analysis and guidance development for some of the nation’s top cybersecurity challenges Applies high-level facilitation skills within large groups in order to derive stakeholder cybersecurity imperatives and support the prioritization of sometimes competing cybersecurity imperatives Minimum Education A Bachelor’s degree with a curriculum or major field of study which is closely related to the work to be performed and or in a computer science information systems engineering or a mathematics-intensive discipline OR a Master’s Degree and 12 years of specialized experience in a field closely related to Cyber security OR a PhD and 9 years of specialized experience in a field closely related to Cyber security Cryptographer Intermediate Minimum General Experience This position requires 5 years’ general experience and 3 years specialized experience is required 5 years’ general experience includes all aspects of cryptography and a mixture of experience from the mathematical disciplines and the demonstrated ability to work independently or under only general supervision 3 years specialized experience includes developing cryptographic and hash algorithms including but not limited to triple DES AES SHA etc Page 4 of 20  PAGE 10 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    Demonstrated experience in developing analyzing testing and researching Public Key Infrastructures using X 509 certificates symmetric and public key algorithms hash functions and quantum cryptography Functional Responsibilities Duties may include but are not limited to Performing complex analysis design development integration testing and debugging cryptographic and hashing algorithms Applying cryptography-based solutions to contemporary use cases such as evaluating for FIPS 140 compliance electronic voting smart grid health care and resource constrained environments including but not limited to smart meters smart cards and medical devices Minimum Education A Master's degree in Cryptography Computer Science Engineering Mathematics or other related scientific or technical discipline is required OR a Bachelor’s degree in one of the above mentioned fields plus 8 years’ related experience OR a PhD with 2 years’ related experience Cryptographer Senior Minimum General Experience This position requires 10 years’ general experience and 5 years specialized experience is required 10 years’ general experience includes all aspects of cryptography and a mixture of experience from the mathematical disciplines and the demonstrated ability to work independently or under only general supervision Five 5 years specialized experience includes developing cryptographic and hash algorithms including but not limited to triple DES AES SHA etc Demonstrated experience in developing analyzing testing and researching Public Key Infrastructures using X 509 certificates symmetric and public key algorithms hash functions and quantum cryptography Functional Responsibilities Duties may include but are not limited to Performs complex analysis design development integration testing and debugging cryptographic and hashing algorithms Apply cryptography-based solutions to contemporary use cases such as evaluating for FIPS 140 compliance electronic voting smart grid health care and resource constrained environments including but not limited to smart meters smart cards and medical devices May supervise Intermediate Cryptographers Minimum Education A PhD degree in Cryptography Computer Science Engineering Mathematics or other related scientific or technical discipline is required OR a Master’s degree in Cryptography Computer Science Engineering Mathematics or other related scientific or technical discipline is required AND 10 years’ experience in a field closely related to the field applicable to the task order Page 5 of 20  PAGE 11 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    Developer Junior Minimum General Experience This position is for those who have demonstrated interest and accomplishment in code development but have minimal professional experience The developer should have IT industry certification in a platform or applications i e MCSA MSCE CCNA CCNE SCSA etc or have demonstrated work in an open source project Functional Responsibilities Duties may include but are not limited to Participates in the design of software tools and subsystems to support reuse and domain analysis Assists Applications Engineer and Applications Programmer to interpret software requirements and design specifications to code and integrate and test software components Minimum Education High School Diploma Developer Journeyman Minimum General Experience This position requires a minimum of 2 years’ experience of which at least 2 years must be specialized Specialized experience includes experience as an applications programmer on data base management systems knowledge of computer equipment and ability to develop complex software to satisfy design objectives Have experience with object or functionally-oriented programming languages Functional Responsibilities Duties may include but are not limited to Analyzes functional business applications and design specifications for functional activities Develops block diagrams and logic flow charts Translates detailed design into computer software Tests debugs and refines the computer software to produce the required product Prepares required documentation including both program-level and user-level documentation Enhances software to reduce operating time or improve efficiency Takes direction from application engineer to ensure program deadlines are met Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance OR a Master’s Degree in subjects described above Developer Intermediate Minimum General Experience This position requires a minimum of 5 years’ experience of which at least 3 years must be specialized Specialized experience includes experience as an applications programmer on data base Page 6 of 20  PAGE 12 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    management systems knowledge of computer equipment and ability to develop complex software to satisfy design objectives Have experience with object or functionally-oriented programming languages Demonstrated ability to work independently or under only general direction Functional Responsibilities Duties may include but are not limited to Analyzes functional business applications and design specifications for functional activities Develops block diagrams and logic flow charts Translates detailed design into computer software Tests debugs and refines the computer software to produce the required product Prepares required documentation including both program-level and user-level documentation Enhances software to reduce operating time or improve efficiency May take direction from application engineer to ensure program deadlines are met Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance OR a Master’s Degree in subjects described above and 2 years’ general experience of which at least 1 years must be specialized experience OR no degree and 9 years of general experience of which at least 5 years must be specialized experience Developer Lead Minimum General Experience This position requires a minimum of 10 years of increasingly complex and progressive experience in performing systems analysis development and implementation for business mathematical engineering or scientific settings using a variety of information technology resources Requires experience with current technologies and where required for the task emerging technologies Have experience with object or functionally-oriented programming languages Functional Responsibilities Duties may include but are not limited to Formulates and defines system scope and objectives Prepares detailed specifications for programs Designs codes tests debugs and documents programs Works at the highest technical level of all phases of applications systems analysis and programming activities including the installation of enhancements security features and analytical tools Provides guidance and training to less experienced analysts programmers Minimum Education A Bachelor’s degree with a curriculum or major field of study which provides substantial knowledge useful in managing large complex projects closely related to the work to be automated and or in a computer science information system a physical science engineering or a mathematics - intensive Page 7 of 20  PAGE 13 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    discipline or an applicable training certificate from an accredited training institution OR a Master’s Degree in subjects described above with 7 years’ experience in a field closely related to the field applicable to the task order OR a PhD with 4 years’ experience OR no degree and 14 years of directly related experience Information Engineer Junior Minimum General Experience This position requires a minimum of 3 years’ experience of which at least 2 years must be specialized Specialized experience includes information systems development functional and data requirements analysis systems analysis and design programming program design and documentation preparation The following experience is also required demonstrated experience in the implementation of information engineering projects systems analysis design and programming systems planning business information planning and business analysis Must demonstrate the ability to work independently or under only general direction Functional Responsibilities Duties may include but are not limited to Applies business process improvement practices to reengineer methodologies principles and business process modernization projects Applies as appropriate activity and data modeling transaction flow analysis internal control and risk analysis and modern business methods and performance measurement techniques Assists in establishing standards for information systems procedures Develops and applies organization-wide information models for use in designing and building integrated shared software and database management systems Constructs sound logical business improvement opportunities consistent with corporate information management guiding principles cost savings and open system architecture objectives May provide daily supervision and direction to staff Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance OR a Master’s Degree OR no degree with 7 years’ experience of which 4 must be specialized experience Information Engineer Intermediate Minimum General Experience This position requires a minimum of 6 years’ experience of which at least 4 years must be specialized Specialized experience includes information systems development functional and data requirements analysis systems analysis and design programming program design and documentation preparation The following Page 8 of 20  PAGE 14 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    experience is also required demonstrated experience in the implementation of information engineering projects systems analysis design and programming systems planning business information planning and business analysis Must demonstrate the ability to work independently or under only general direction Functional Responsibilities Duties may include but are not limited to Applies business process improvement practices to reengineer methodologies principles and business process modernization projects Applies as appropriate activity and data modeling transaction flow analysis internal control and risk analysis and modern business methods and performance measurement techniques Assists in establishing standards for information systems procedures Develops and applies organization-wide information models for use in designing and building integrated shared software and database management systems Constructs sound logical business improvement opportunities consistent with corporate information management guiding principles cost savings and open system architecture objectives May provide daily supervision and direction to staff Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance OR a Master’s Degree and 3 years’ general experience of which at least 1 must be specialized OR a PhD Degree OR no degree and 10 years of general experience of which at least 6 must be specialized experience Information Engineer Senior Minimum General Experience This position requires a minimum of 10 years’ experience of which at least 8 years must be specialized Specialized experience includes information systems development functional and data requirements analysis systems analysis and design programming program design and documentation preparation The following experience is also required demonstrated experience in the implementation of information engineering projects systems analysis design and programming systems planning business information planning and business analysis Must demonstrate the ability to work independently or under only general direction Functional Responsibilities Duties may include but are not limited to Applies business process improvement practices to reengineer methodologies principles and business process modernization projects Applies as appropriate activity and data modeling transaction flow analysis internal control and risk analysis and modern business methods and performance measurement techniques Assists in establishing standards for information systems procedures Develops and applies organization-wide information models for use in designing and building integrated Page 9 of 20  PAGE 15 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    shared software and database management systems Constructs sound logical business improvement opportunities consistent with corporate information management guiding principles cost savings and open system architecture objectives May provide daily supervision and direction to staff Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance OR a Master’s Degree in subjects described above and 7 years’ general experience of which at least 5 years must be specialized experience OR a PhD in subjects described above and 4 years of general experience of which at least 2 years must be specialized OR no degree and 14 years of general experience of which at least 12 years must be specialized experience Information Engineer Principal Minimum General Experience This position requires a minimum of 14 years’ experience of which at least 12 years must be specialized Specialized experience includes information systems development functional and data requirements analysis systems analysis and design programming program design and documentation preparation The following experience is also required demonstrated experience in the implementation of information engineering projects systems analysis design and programming systems planning business information planning and business analysis Must demonstrate the ability to work independently or under only general direction Functional Responsibilities Duties may include but are not limited to Applies business process improvement practices to reengineer methodologies principles and business process modernization projects Applies as appropriate activity and data modeling transaction flow analysis internal control and risk analysis and modern business methods and performance measurement techniques Assists in establishing standards for information systems procedures Develops and applies organization-wide information models for use in designing and building integrated shared software and database management systems Constructs sound logical business improvement opportunities consistent with corporate information management guiding principles cost savings and open system architecture objectives May provide daily supervision and direction to staff Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance OR a Master’s Degree in subjects described above and 11 years’ general experience of Page 10 of 20  PAGE 16 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    which at least 9 years must be specialized experience OR a PhD in subjects described above and 8 years of general experience of which at least 6 years must be specialized OR no degree and 18 years of general experience of which at least 16 years must be specialized experience Outreach Specialist Journeyman Minimum General Experience This position requires a minimum of 7 years of general experience of which at least 3 must be specialized Functional Responsibilities Duties to include but not be limited to Facilitation of working sessions in workshops preparing strategies and agendas for workshops conferences preparing material for posting on public websites preparing responses to public input on various topics and assisting to develop strategies for NIST work efforts Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance OR a Master’s Degree in subjects described above and 4 years’ general experience of which at least 2 years must be specialized experience OR a PhD in subjects described above and 2 years of general experience of which at least 1 year must be specialized OR no degree and 11 years of general experience of which at least 8 years must be specialized experience Outreach Specialist Senior Minimum General Experience This position requires a minimum of 10 years of general experience of which at least 5 must be specialized Functional Responsibilities Duties to include but not be limited to Facilitation of working sessions in workshops preparing strategies and agendas for workshops conferences preparing material for posting on public websites preparing responses to public input on various topics and assisting to develop strategies for NIST work efforts Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance OR a Master’s Degree in subjects described above and 7 years’ general experience of which at least 5 years must be specialized experience OR a PhD in subjects described above and 4 years of general experience of Page 11 of 20  PAGE 17 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    which at least 2 years must be specialized OR no degree and 14 years of general experience of which at least 12 years must be specialized experience Program Manager 1 – Assistant Level Minimum General Experience This position requires a minimum of 3 years’ general project management experience Experience includes increasing responsibilities in project management Functional Responsibilities Duties may include but are not limited to Serves as an Assistant Project Manager on large or complicated Task Orders or as a Task Manager for small under $250 000 simple tasks working with the Project Manager to ensure communications are timely and clear project materials are prepped in a timely and accurate fashion schedules are adhered to and all deliverables reach the COR and Tech Lead on time Minimum Education No degree and 7 years of experience of which 3 must be specialized experience OR a Master’s Degree in Project Management can be substituted for 3 years’ project management experience OR a Project Manager Professional PMP certification from the Program Management Institute PMI may be substituted for 3 years’ project management experience OR a Mid-level FAC-P PM or Defense Systems Management College DSMC Program Management PM Level 2 certification may be substituted for 2 years’ project management experience Program Manager 2 – Task Order Level Minimum General Experience This position requires a minimum of 6 years’ general project management experience and 3 years IT experience in computer security Experience includes increasing responsibilities in information systems design and management Functional Responsibilities Duties may include but are not limited to Serves as project manager for a large complex task order and shall assist the Program Manager in working with the ordering activity Contracting Officer CO the Federal Acquisitions Contract – Project Program Manager FAC-P PM the contract-level Contracting Officer’s Representative COR and the task orderlevel COR s ordering activity management personnel and customer agency representatives The Project Manager is responsible for the overall management of the specific task order s and insuring that the technical solutions and schedules in the task order are implemented in a timely manner Performs enterprise wide horizontal integration planning and interfaces to other functional systems Minimum Education Must either be certified as a Project Management Professional PMP by the Project Management Institute Page 12 of 20  PAGE 18 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    PMI or other such credentialing organization or b Have been or currently are certified as a FAC- Program Project Manager P PM Mid or Senior level A Defense Systems Management College DSMC Program Management PM certification of Level 2 or 3 will be considered equivalent to a FAC-P PM Mid or Senior Level A Bachelor’s degree in computer science engineering technology software programming or mathematics can be substituted for 2 years’ general experience and 2 years IT experience A PhD or Master’s Degree in subjects described above can be substituted for 3 years IT experience A Master’s Degree in Project Management can be substituted for 3 years’ project management experience Program Manager 3 – Contract Level Minimum General Experience This position requires a minimum of 10 years’ general project management experience and 5 years IT experience in computer security Experience includes increasing responsibilities in information systems design and management Functional Responsibilities Duties may include but are not limited to Serves as the program manager for the IDIQ contract as a whole Serves as program manager for a large complex task order or a group of task orders affecting the same common standard migration system and shall assist the Government Program Manager in developing presenting project materials by and between the Contracting Officer CO the Federal Acquisitions Contract – Project Program Manager FAC-P PM the contract-level Contracting Officer’s Representative COR the task order-level COR s ordering activities of the management personnel and customer agency representatives The Program Manager is responsible for the overall management of all task order s and ensuring that the technical solutions and schedules of the task orders are implemented in a timely manner Performs enterprise wide horizontal integration planning and interfaces to other functional systems The Program Manager may also supervise Project Managers at the task order level Minimum Education Must either be certified as a a Project Management Professional PMP by the Project Management Institute PMI or other such credentialing organization or b Have been or is currently certified as a Senior-level FAC-Program Project Manager FAC-P PM A Defense Systems Management College DSMC Program Management PM certification of Level 3 will be considered equivalent to a FAC-P PM Senior Level A Bachelor’s degree in computer science engineering technology software programming or mathematics can be substituted for 2 years’ general experience and 2 years IT experience A PhD or Master’s Degree in subjects described above can be substituted for 3 years IT experience A Master’s Degree in Project Management can be substituted for 3 years’ project management experience Page 13 of 20  PAGE 19 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    Security Engineer Senior Minimum General Experience This position requires 10 years’ experience in technology oriented security engineering support related to hardware software O S and or processes Functional Responsibility Duties may include but are not limited to network security design engineering intrusion detection prevention engineering design and or execution environment risk assessments network security architectural engineering operating system security and operational security process engineering providing direction to intermediate and junior staff on the tasks needed to implement security objectives Minimum Education A Bachelor’s degree from an accredited college or university with a curriculum or major field of study which is closely related to the work to be automated and or in a computer science information system a physical science engineering or a mathematics-intensive discipline OR a Master’s Degree in subjects described above from an accredited college or university with 7 years of applicable experience OR no degree and 14 years of directly applicable experience coupled with an industry or vendor technical certification i e CISSP CIPA MCSE MCSA CCNA CCNE SCSA etc Security Engineer Intermediate Minimum General Experience This position requires 4 years’ experience in technology oriented security engineering support related to hardware software O S and or processes Functional Responsibility Duties may include but are not limited to network security design engineering intrusion detection prevention engineering execution environment risk assessments network security architectural engineering operating system security and operational security process engineering providing direction to junior staff on the tasks needed to implement security objectives Minimum Education A Bachelor’s degree from an accredited college or university with a curriculum or major field of study which is closely related to the work to be automated and or in a computer science information system a physical science engineering or a mathematics-intensive discipline OR a Master’s Degree in subjects described above from an accredited college or university with 1 year of applicable experience in a field closely related to the field applicable to the task order OR No degree and 8 years of directly applicable experience coupled with and industry or vendor technical certification i e CISSP CIPA MCSE MCSA CCNA CCNE SCSA etc Page 14 of 20  PAGE 20 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    Software Systems Engineer Lead Minimum General Experience This position requires 7 years of increasingly complex and progressive experience in performing systems analysis development and implementation of business mathematical or scientific settings using a variety of information technology resources Requires experience with current technologies and where required for the task emerging technologies Must have managed or had significant involvement with complex or substantive information technology projects including one year of experience demonstrating management and supervision capabilities Functional Responsibilities Duties may include but are not limited to Formulates and defines specifications for operating system applications or modifies and maintains existing applications using engineering releases and utilities from the manufacturer Responsible for program design modeling simulation coding testing debugging and documentation Responsible for applications dealing with the overall operating system such as sophisticated file maintenance routines large telecommunications communications networks computer accounting and advanced mathematical scientific software packages Instructs directs and checks the work of other task personnel Responsible for quality assurance review and the evaluation of existing and new software products Minimum Education A Bachelor’s degree with a curriculum or major field of study which provides substantial knowledge useful in managing large complex projects closely related to the work to be automated and or in a computer science information system a physical science engineering or a mathematics-intensive discipline OR a Master’s Degree in subjects described above and 4 years of relevant experience in a field closely related to the field applicable to the task order OR a PhD in subjects described above and 1-year experience OR no degree and 11 years of directly relevant experience in a field closely related to the field applicable to the task order Technical Specialist 1 Minimum General Experience This is an entry level position that has no minimum years of experience Functional Responsibilities Performs technical tasks in the areas of engineering or science performs research conducts studies communicates technical or scientific data via papers or presentations supports system software or hardware engineering activities serves as a resource in a technical or scientific area or in an area of specialty in support of systems development implementation operation or support Specialty areas of support Page 15 of 20  PAGE 21 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    may include but are not limited to engineering technical writing training graphics technical research planning logistics finance budgeting or management Minimum Education A Bachelor’s degree of relevant work experience OR no degree and 4 years Technical Specialist 2 Minimum General Experience This position requires a minimum of 4 years of relevant technical experience supporting the design and or development of complex systems Functional Responsibilities Performs technical tasks in the areas of engineering or science performs research conducts studies communicates technical or scientific data via papers or presentations supports system software or hardware engineering activities serves as a resource in a technical or scientific area or in an area of specialty in support of systems development implementation operation or support Specialty areas of support may include but are not limited to engineering technical writing training graphics technical research planning logistics finance budgeting or management Minimum Education A Bachelor’s degree OR no degree 8 years of relevant work experience OR a Master’s degree and 1 year of relevant experience Technical Specialist 3 Minimum General Experience This position requires a minimum of 8 years of relevant technical experience supporting the design and or development of complex systems Functional Responsibilities Performs technical tasks in the areas of engineering or science performs research conducts studies communicates technical or scientific data via papers or presentations supports system software or hardware engineering activities serves as a resource in a technical or scientific area or in an area of specialty in support of systems development implementation operation or support Specialty areas of support may include but are not limited to engineering technical writing training graphics technical research planning logistics finance budgeting or management Minimum Education A Bachelor’s degree OR no degree and 12 years of relevant work experience OR a Master’s degree and 5 years of relevant experience OR a PhD degree and 2 years of relevant experience Page 16 of 20  PAGE 22 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    Technical Specialist 4 Minimum General Experience This position requires a minimum of 12 years of relevant technical experience supporting the design and or development of complex systems Functional Responsibilities Performs technical tasks in the areas of engineering or science performs research conducts studies communicates technical or scientific data via papers or presentations supports system software or hardware engineering activities serves as a resource in a technical or scientific area or in an area of specialty in support of systems development implementation operation or support Specialty areas of support may include but are not limited to engineering technical writing training graphics technical research planning logistics finance budgeting or management Minimum Education A Bachelor’s degree OR no degree and 16 years of relevant work experience OR a Master’s degree and 9 years of relevant experience Or a PhD degree and 6 years’ relevant experience Technical Specialist 5 Minimum General Experience This position requires a minimum of 16 years of relevant technical experience supporting the design and or development of complex systems Functional Responsibilities Performs technical tasks in the areas of engineering or science performs research conducts studies communicates technical or scientific data via papers or presentations supports system software or hardware engineering activities serves as a resource in a technical or scientific area or in an area of specialty in support of systems development implementation operation or support Specialty areas of support may include but are not limited to engineering technical writing training graphics technical research planning logistics finance budgeting or management Minimum Education A Bachelor’s degree OR no degree and 20 years of relevant work experience OR a Master’s degree and 13 years of relevant experience OR a PhD degree and 10 years of relevant experience Technical Subject Matter Expert Intermediate Minimum General Experience This position requires 8 years of intensive and progressive experience in the applicable specialty field or if the subject matter is less than 8 years old the position requires being Page 17 of 20  PAGE 23 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    involved in the subject matter since the inception of the subject matter Functional Responsibilities Duties may include but are not limited to Applies subject matter knowledge to high level analysis collection assessment design development modeling simulation integration installation documentation and implementation Resolves problems which require an intimate knowledge of the related technical subject matter Applies principles and methods of the subject matter to specialized solutions Includes but not limited to identity management biometrics industrial controls electronic voting cloud computing cybersecurity cryptography virtualization PKI XML applied IT policy and compliance networking business processes security automation and logistical support activities Minimum Education A Bachelor’s degree with a curriculum or major field of study which is closely related to the work to be accomplished and or in a computer science information system engineering or a mathematics-intensive discipline OR a Master’s Degree in subjects described above with 5 years of applicable experience in a field closely related to and applicable to the task order OR a PhD degree in subjects described above with 2 years of applicable experience OR no degree and 12 years of intensive and progressive experience in the applicable specialty field Technical Subject Matter Expert Senior Minimum General Experience This position requires 12 years of intensive and progressive experience in the applicable specialty field or if the subject matter is less than 10 years old the position requires being involved in the subject matter since the inception of the subject matter Functional Responsibilities Duties may include but are not limited to Applies subject matter knowledge to high level analysis collection assessment design development modeling simulation integration installation documentation and implementation Resolves problems which require an intimate knowledge of the related technical subject matter Applies principles and methods of the subject matter to specialized solutions Includes but not limited to identity management biometrics industrial controls electronic voting cloud computing cyber security cryptography virtualization PKI XML applied IT policy and compliance networking business processes security automation and logistical support activities Minimum Education A Bachelor’s degree with a curriculum or major field of study which is closely related to the work to be accomplished and or in a computer science information system Page 18 of 20  PAGE 24 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    engineering or a mathematics-intensive discipline OR a Master’s Degree in subjects described above with 9 years of applicable experience in a field closely related to and applicable to the task order OR a PhD degree in subjects described above with 6 years of applicable experience OR no degree and 16 years of intensive and progressive experience in the applicable specialty field Technical Subject Matter Expert Principal Minimum General Experience This position requires 15 years of intensive and progressive experience in the applicable specialty field or if the subject matter is less than 15 years old the position requires being involved in the subject matter since the inception of the subject matter Functional Responsibilities Applies subject matter knowledge to high level analysis collection assessment design development modeling simulation integration installation documentation and implementation Resolves problems which require an intimate knowledge of the related technical subject matter Applies principles and methods of the subject matter to specialized solutions Includes but not limited to identity management biometrics industrial controls electronic voting cloud computing cyber security cryptography virtualization PKI XML applied IT policy and compliance networking business processes security automation and logistical support activities Minimum Education A Bachelor’s degree with a curriculum or major field of study which is closely related to the work to be accomplished and or in a computer science information system engineering or a mathematics-intensive discipline OR a Master’s Degree in subjects described above with 12 years of applicable experience in a field closely related to and applicable to the task order OR a PhD degree in subjects described above with 9 years of applicable experience OR no degree and 19 years of intensive and progressive experience in the applicable specialty field Vulnerability Analysis Specialist Lead Minimum General Experience This position requires a minimum of 5 years’ experience of which at least 2 years must be specialized experience in vulnerability analysis incident response or vulnerability management Must demonstrate the ability to work independently or under only general direction Functional Responsibilities This position will provide daily supervision and direction to analysis support staff This position will also support the analysis tasks to augment the efforts of the analysis support staff This position requires 3 years’ prior Page 19 of 20  PAGE 25 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  Schedule of Labor Categories  Cybersecurity Research Development   Implementation    experience supervising vulnerability analysts incident response personnel or vulnerability management personnel along with performing at least one of these activities Must demonstrate the ability to author data analysis process documentation that is clear complete and concise Minimum Education A Bachelor’s degree in computer science systems information systems technology engineering engineering technology software engineering programming management natural sciences social sciences mathematics or business finance and 5 years’ experience of which 2 years must be specialized experience in vulnerability analysis incident response or vulnerability management OR a Master’s degree in subjects described above with at least 2 years specialized experience in vulnerability analysis incident response or vulnerability management OR no degree and at least 9 years of experience of which 2 years must be specialized experience in vulnerability analysis incident response or vulnerability management Page 20 of 20  B 2 MINIMUM AND MAXIMUM CONTRACT AMOUNTS PAGE 26 OF 114 SB1341-17-RP-0007 1352 216-75 Minimum and maximum contract amounts As prescribed in 48 CFR 1316 506 a insert the following clause MINIMUM AND MAXIMUM CONTRACT AMOUNTS APR 2010 During the term of the contract the Government shall place orders totaling a minimum of $100 000 00 against each awarded IndefiniteDelivery Indefinite-Quantity contract awarded The amount of all orders awarded against all contracts awarded shall not exceed $50 000 000 00 PAGE 27 OF 114 SB1341-17-RP-0007 SECTION C DESCRIPTION SPECIFICATIONS WORK STATEMENT C 1 IDIQ PERFORMANCE WORK STATEMENT PAGE 28 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  IDIQ Performance Work Statement  Cybersecurity Research Development   Implementation  PERFORMANCE WORK STATEMENT  NIST CYBERSECURITY RESEARCH  DEVELOPMENT AND  IMPLEMENTATION SERVICES IDIQ CONTRACT  1 BACKGROUND  The National Institute of Standards and Technology  NIST  is responsible for developing standards and  Special Publications  including minimum requirements  that provide adequate information security for all  agency  operations  and  assets   but  such  standards  and  Special  Publications  shall  not  apply  to  national  security  systems       With  a  new  and  re‐energized  national  emphasis  on  information  security   the  NIST  Information  Technology  Laboratory’s  ITL   Computer  Security  Division  CSD   is  uniquely  positioned  to  ensure that new technology initiatives are selected  deployed  and operated in a manner that does not  increase the risk to organizational missions  individuals  and the Nation     CSD conducts research and development in cybersecurity management and assurance  cryptography and  systems security  identity management  and emerging cybersecurity technologies   CSD plays a vital role  in  both  national  and  international  cybersecurity  standard  setting   CSD  also  provides  reference  specifications in multiple areas  allowing others to leverage the Division’s work to increase the security of  their systems and products     CSD   as  a  collaborator  for  both  government  and  industry   coordinates  with  partners  across  the  government  industry  and the world  For example  CSD embraced international cooperation in our Secure  Hash Algorithm  SHA‐3  competition while working on a successor to the current government‐approved  hash algorithm      Industry represents a key audience and partner in all of CSD’s work   The success of the Security Content  Automation Protocol  SCAP  program is dependent on CSD’s partnership with them  Several sectors of the  Information Technology  IT  industry have advised CSD on the need for the program and its evolution    There was enthusiastic adoption from many industry partners  and their continued support has allowed  the  Division  to  move  ahead  with  this  program  much  more  quickly  than  otherwise   As  a  result  of  such  cooperation   CSD  has  created   and  is  maintaining   a  significant  repository  of  SCAP  compliant  security  checklists for use with an ever‐increasing number of security tools     The  responsibilities  assigned  to  NIST   and  by  extension  CSD   in  the  Federal  Information  Security  Management Act  FISMA  to assist the federal agencies in securing their information systems and develop  cybersecurity standard  guidelines  and associated methods and techniques are major parts of the CSD  portfolio of tasking and responsibility       2 SCOPE OF WORK  The purpose of this Indefinite‐Delivery  Indefinite‐Quantity  IDIQ  type contract is for the contractor to  provide information security and cybersecurity services   Task orders issued under this contract may be  firm  fixed  price   labor  hour   or  a  hybrid  of  both  contract  types     The  type  of  task  order  will  be  clearly  identified in each individual order   PAGE 29 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  IDIQ Performance Work Statement  Cybersecurity Research Development   Implementation  The purpose of this contract is to gain technical expertise and consultation in multiple specified areas of  cyber  and  information  security  to  ensure  that  the  NIST  mission  can  be  met  to  “provide  standards   technology  tools  and practices to protect our nation’s information and information systems ”    NIST expects the requirements of its mission to expand and anticipates the need for support in meeting  these  requirements     The  support  needed  to  ensure  a  successful  mission  ranges  from  internal  programmatic  support  to  technical  expertise  and  research  consulting  in  a  wide  range  of  cyber  and  information  security  areas     It  is  also  anticipated  that  CSD  will  need  support  with  outreach  efforts  of  various kinds     The intended outcome is for NIST to have the ability to ensure that support is available when needed for  specific tasks  as they are identified through internal requirement and resource evaluation  so NIST can  accomplish  its  mission   meet  higher  organizational  expectations   and  provide  cyber  and  information  security mechanisms to reduce the risks to organizations  individuals  and the Nation      While the primary objective of this contract is to serve the consulting  engineering  research  outreach   and development needs of CSD  other divisions in NIST with related security work are also authorized to  use the vehicle        3 SPECIFIC TASKS  The specific tasks required under this IDIQ contract will be detailed in individual task orders   However   the following section provides information on the types of tasks that the contractor will be required to  perform   Specific areas anticipating support include but are not limited to     1 Provide technical inputs into  and support the development of  Standards  Guidelines   NIST  Interagency  Reports  NISTIRs   Models   Measures   Derived  Test  Requirements  DTRs  and Standard Reference Material s   Specifics in each Task Order  TO   Input s   shall be technically correct  relevant to subject matter  and appropriate to designated audience  i e  Federal Government and Industry   Formats shall follow NIST CSD  ITL  and Washington Ed‐ itorial Review Board  WERB  requirements   Topic areas may include  but are not be limited to     a Applied Cybersecurity  for example  Cyber‐Physical Systems  Public Safety Communications   Health  Information  Technology   Electronic  Voting   Critical  Infrastructure   and  Federal  Agency Cybersecurity    b Information and Communications Technology Supply Chain Risk Management  c Cybersecurity Awareness  Training  Education  and Workforce Development  d Cryptographic Standards  and Techniques for Emerging Applications  e Validation  Programs  for  example   cryptographic  modules   security  content  automation  protocols   f Identity  Access  and Privilege Management  g Cloud Computing and Virtualization  h Mobile Security  i Network and Internet Security  j Advanced Security Testing  Measurement  and Reference Data  for example  security con‐ tent automation  incident handling  vulnerability management  and information sharing   k Technical Security Metrics  for example  roots of trust  combinatorial testing  attack graphs     PAGE 30 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  IDIQ Performance Work Statement  Cybersecurity Research Development   Implementation  l m n o Organizational and System Risk Assessment and Management  Software and application development  and application modeling  Privacy engineering and risk management  Cybersecurity and privacy in Health Information Technology  HIT  issues    2 Software  development   application  development   and  application  modeling  support   Specifics in each TO ‐ Provide software development  application development and application  modeling support   Design  develop  test  and deploy software  applications  Web applications   and or multi‐tier solutions in order to meet specific business needs in accordance with supplied  requirements  Provide data modeling  data schema design  data base design  data transformation  and data loading services   This may include creation and or maintenance of web‐enabled data  presentation and input applications to support specific business needs   Service may also include  the need for identification and authentication mechanisms to control access to applications   Pro‐ vide business process modeling of current work processes to identify opportunities for resource  savings  and  automation  efforts     The  following  are  examples  of  development  work  to  be  con‐ ducted   Specifics in each TO     a Computer  Security  Resource  Center  content  management  system  implementation  and  workflow development  b National Vulnerability Database  NVD  data query  analysis  visualization  and subscription  tool development  c Automation  and  workflow  development  for  US  Government  Configuration  Baseline  USGCB  and National Checklist Program  NCP  data  d Security Content Automation Protocol  SCAP  Automated testing and reference implemen‐ tations  a Generation of STIX‐expressed indicators from cyber forensic analysis tools  b Generation of SCAP‐expressed content from automated indicators  e Policy Machine demonstrations and reference implementations  f Proof of concept of various PIV and derived credential implementations and associated val‐ idation tools  g Crypto Validation Program  CVP  automated testing system and reference algorithm soft‐ ware development  h Creation and management of public collaboration sites for numerous projects    3 Research work to be conducted in the following areas  Specifics in each TO   a Cyber‐Physical  Systems   Public  Safety  Communications   Health  Information  Technology   Electronic Voting  Critical Infrastructure  and Federal Agency Cybersecurity practices   b Information and Communications Technology Supply Chain Risk Management  c Cybersecurity Awareness  Training  Education  and Workforce Development  d Cryptographic Research  and Techniques for Emerging Applications  e Validation  Programs  for  example   cryptographic  modules   security  content  automation  protocols   f Identity  Access  and Privilege Management  g Cloud Computing and Virtualization  h Mobile Security  i Network and Internet Security    PAGE 31 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  IDIQ Performance Work Statement  Cybersecurity Research Development   Implementation  j k l m n o Advanced Security Testing  Measurement  and Reference Data  for example  security con‐ tent automation  incident handling  vulnerability management  and information sharing   Technical Security Metrics  for example  roots of trust  combinatorial testing  attack graphs   Organizational and System Risk Assessment and Management  Software and application development  and application modeling  Privacy engineering and risk management  Cybersecurity and privacy in Health Information Technology  HIT  issues    4 Support development and implementation of processes and mechanisms to enable ef‐ fective outreach and communications with collaborators and stakeholders across the  cybersecurity  landscape   including  industry   academia   standards  organizations   and  governments   Specifics in each TO   Processes and mechanisms may include  but are not lim‐ ited to    a Planning and supporting workshops  conferences  webinars  and meetings   b Facilitating discussions and consensus‐making    c Supporting use of communications tools including social media and innovative publishing  methods    d Creating and or managing a web environment and web content    e Testing web usability and efficacy    f Preparing lessons learned from previous outreach work    g Developing an economic and social impact evaluation of the state pilots funded under the  NSTIC State Pilots Cooperative Agreement Program    h Developing use cases and tools to enable implementation of the privacy risk management  framework  and   i Supporting  the  preparation   analysis   and  adjudication  of  Requests  for  Information  and  other public comment responses     5 Program operations and analysis work to be conducted in the following areas  Specifics  in each TO   a b c d e National Vulnerability Database  NVD  analysis  Cryptographic Algorithm Program  CAP  analysis  Cryptographic Module Validation Program  CMVP  analysis  Security Content Automation Program  SCAP  support to labs and vendors  Cryptographic Validation Program  CVP  support to labs and vendors    6 Reports and project tracking meeting external requirements  Specifics in each TO   Pro‐ vide programmatic support in Project Management  creation of project reports  project resource  tracking  project and program requests for resources  and support in the creation of required doc‐ umentation with specific formatting and graphic support requirements       7 Recommendations on standards activities that reflect NIST and DOC strategic positions   and interaction with Standards Development Organizations  Specifics in each TO   Pro‐ vide technical expertise and consultation to support CSD in the identification  selection  constrain‐ ing  and or harmonization of Standards in existence and or on the progression of standards under  development by national  international  and other Standards Development Organizations  SDOs    Provide  technical  expertise  and  assistance  in  creating  technically  correct  input  relevant  to  the    PAGE 32 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  IDIQ Performance Work Statement  Cybersecurity Research Development   Implementation  subject matter of the Standard under development in an SDO  and provide administrative support  where required     Task Orders issued will be accurate  complete  and explicit with specifics of what is required and expected  to the maximum extent practicable   Each Task Order will be performance based with specific criteria for  acceptance by the Contracting Officer’s Representative  COR  to the maximum extent practicable     All task orders shall include monthly project reports that shall  at a minimum  include progress made on  task  specified  milestones  using  sub‐tasks  complete  and  sub‐tasks  remaining   along  with  any  other  specified information detailed in the individual task order s       4 DELIVERABLES and DELIVERABLE DUE DATES  Each  task  order  placed  under  this  contract  will  include  deliverables  and  deliverable  due  dates  to  the  maximum extent practicable       5 PERIOD OF PERFORMANCE  Period of performance will be for a base period of one year from date of award with four  4  additional  option years that may be exercised in accordance with FAR 52 217‐9         6 GOVERNMENT‐FURNISHED PROPERTY  DATA AND OR INFORMATION  Specific  Government  Furnished  Property   Data   and or  Information  will  be  detailed  in  individual  task  orders   If work is to be performed at NIST  the location will be the NIST Gaithersburg  MD campus   All Contractor personnel working on site at NIST for 6‐months or longer shall be required to go through  specific Federal Personal Identity Verification  PIV   processes in  order to be compliant with Homeland  Security Presidential Directive  HSPD ‐12   Specifics will be provided upon the award of individual task  orders     General  information  on  Government  badging  requirements  can  be  found  at  http www fedidcard gov       A spreadsheet will be furnished to the Contractor’s Program Manager  Contract Level  to assist in tracking  Government  Furnished Equipment  GFE    This list  must  be  updated  minimally once per year  or upon  request by the Government Program Project Manager  P PM   This spreadsheet at a minimum will track  each contractor employee that has been furnished GFE  a phone number for each contractor employee   the NIST property tag number and serial number for each piece of equipment  and the physical location  of the equipment     7 RISK ASSESSMENT   The risk assessment for individual task orders under this contract ranges from None to IT‐Moderate       8 CONTRACTOR PERSONNEL REQUIREMENTS  The Offeror shall have the ability to provide qualified resources as Key Personnel on a consistent basis for  individual task orders   For example  the contractor will be required to assign a Project Manager to each  task order  along with other technical key personnel   The contractor must provide a Program Manager at    PAGE 33 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  IDIQ Performance Work Statement  Cybersecurity Research Development   Implementation  the base contract level as key personnel under this contract     See below for the applicable labor category  for  this  base  contract  key  personnel  position   along  with  minimum  qualifications  and  functional  responsibilities   No other key personnel are required at the base contract level     8 1 PROGRAM MANAGER 3 – CONTRACT LEVEL  Minimum General Experience   This  position  requires  a  minimum  of  10  years’  general  project  management  experience  and  5  years  IT  experience  in  computer  security   Experience  includes  increasing  responsibilities  in  information systems design and management     Functional  Responsibilities   Duties  may  include  but  are  not  limited  to   Serves  as  the  program  manager for the IDIQ contract as a whole  Serves as program manager for a large  complex task  order  or a group of task orders affecting the same common standard migration system  and shall  assist  the  Government  Program  Manager  in  developing presenting  project  materials  by  and  between  the  Contracting  Officer  CO   the  Federal  Acquisitions  Contract  –  Project Program  Manager  FAC‐P PM   the  contract‐level  Contracting  Officer’s  Representative  COR   the  task  order‐level  COR s   ordering  activities  of  the  management  personnel  and  customer  agency  representatives   The  Program  Manager  is  responsible  for  the  overall  management  of  all  task  order s   and  ensuring  that  the  technical  solutions  and  schedules  of  the  task  orders  are  implemented in a timely manner   Performs enterprise wide horizontal integration planning and  interfaces  to  other  functional  systems   The  Program  Manager  may  also  supervise  Project  Managers at the task order level     Minimum Education  Must either be certified as a  a Project Management Professional  PMP  by  the Project Management Institute  PMI  or other such credentialing organization  or b  Have been  or is currently certified as a Senior‐level FAC‐Program Project Manager  FAC‐P PM   A Bachelor’s  degree in computer science engineering technology  software programming  or mathematics can  be  substituted  for  2  years’  general  experience  and  2  years  IT  experience     A  PhD  or  Master’s  Degree  in subjects described above  can be substituted for 3 years IT experience   A Master’s  Degree in Project Management can be substituted for 3 years’ project management experience     PAGE 34 OF 114 SB1341-17-RP-0007 Request for Proposal No  SB1341‐17‐RP‐0007  IDIQ Performance Work Statement  Cybersecurity Research Development   Implementation  9 PERFORMANCE REQUIREMENT SUMMARY  PRS   The Performance Requirements Summary for each task will be included in each individual task order  as applicable   However  the following is a  generalized Performance Requirements Summary for this IDIQ Contract   Desired Output  Required Service  Performance Standard  1 Standards   Guidelines   NISTIRs  Models   Measures  DTRs   Standard  Reference Material  2 Working software   applications  and  application models   Provide technical inputs into  and support the development of   Standards  Guidelines  NIST Interagency Reports  NISTIRs  Models   Measures  Derived Test Requirements  DTRs  and Standard  Reference Material s   Deliverables are technically correct  of  professional quality  free of typographical  errors  and relevant to subject and intended  audience   Format acceptable by NIST WERB   Specified in TO   Software development  application development  and application  modeling support   Design  develop  test  and deploy software   applications  Web applications  and or multi‐tier solutions in order  to meet specific business needs in accordance with supplied  requirements  Provide data modeling  data schema design  data  base design  data transformation and data loading services   This  may include creation and or maintenance of web‐enabled data  presentation and input applications to support specific business  needs   Service may also include the need for identification and  authentication mechanisms to control access to applications    Provide business process modeling of current work processes to  identify opportunities for resource savings and automation effort   Software  applications  and application  models accurately reflect technical  specifications given   Software  applications   and application models meet or exceed any  quality standards set out in individual task  orders   Specified in TO   3 Reports and other  documentation of  research  completed  Research work to be conducted in assorted areas   Reports and or  other documentation prepared to convey the results of research  conducted   Deliverables are technically correct  of  professional quality  free of typographical  errors  and relevant to subject and intended  audience     Specified in TO   4 Effective outreach  and  communications  with collaborators  and stakeholders  Support development and implementation of processes and  mechanisms to enable effective outreach and communications with  collaborators and stakeholders across the cybersecurity landscape   Deliverables are technically correct  of  professional quality  free of typographical  errors  and relevant to subject and intended  audience     Specified in TO     PAGE 35 OF 114 SB1341-17-RP-0007 Monitoring Method  Request for Proposal No  SB1341‐17‐RP‐0007  IDIQ Performance Work Statement  Cybersecurity Research Development   Implementation  including industry  academia  standards organizations  and  governments   5 Successful program  operations and  results of analysis  work  Program operations and analysis work to be conducted in assorted  areas   Results of analysis work prepared in reports or other  documentation   Program operations shall have ongoing tracking  and reporting capabilities   Deliverables are technically correct  of  professional quality  free of typographical  errors  and relevant to subject and intended  audience     Specified in TO   6 Reports and  successful project  tracking results  that meet external  requirements  7 Thoughtful  recommendations  on standards  activities   acceptable  interactions with  SDOs  Reports and project tracking meeting external requirements   Deliverables are technically correct  of  professional quality  free of typographical  errors  and relevant to subject and intended  audience     Specified in TO   Recommendations on standards activities that reflect NIST and DOC  Deliverables are technically correct  of  strategic positions  and interaction with Standards Development  professional quality  free of typographical  Organizations  SDOs   errors  and relevant to subject and intended  audience     Specified in TO       PAGE 36 OF 114 SB1341-17-RP-0007 SECTION E INSPECTION AND ACCEPTANCE E 1 52 246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG 1996 Reference 52 246-4 E 2 52 246-6 INSPECTION--TIME-AND-MATERIAL AND LABOR-HOUR MAR 2001 Reference 52 246-6 PAGE 37 OF 114 SB1341-17-RP-0007 SECTION F DELIVERIES OR PERFORMANCE F 1 52 242-15 STOP-WORK ORDER AUG 1989 Reference 52 242-15 F 2 52 242-17 GOVERNMENT DELAY OF WORK APR 1984 Reference 52 242-17 F 3 1352 270-70 PERIOD OF PERFORMANCE APR 2010 a The base period of performance of this contract is from September 30 2017 through September 29 2018 If an option is exercised the period of performance shall be extended through the end of that option period b The option periods that may be exercised are as follows Period Option Option Option Option I II III IV Start Date September 30 September 30 September 30 September 30 2018 2019 2020 2021 End Date September September September September 29 29 29 29 2019 2020 2021 2022 c The notice requirements for unilateral exercise of option periods are set out in FAR 52 217-9 End of clause PAGE 38 OF 114 SB1341-17-RP-0007 SECTION G CONTRACT ADMINISTRATION DATA G 1 1352 201-70 CONTRACTING OFFICER s AUTHORITY APR 2010 Reference 1352 201-70 G 2 1352 201-72 CONTRACTING OFFICER S REPRESENTATIVE COR APR 2010 a is hereby designated as the Contracting Officer s Representative COR The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract The COR is located at Phone Number Email b The responsibilities and limitations of the COR are as follows 1 The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract 2 The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price terms or conditions Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR No such changes shall be made without the express written prior authorization of the Contracting Officer The Contracting Officer may designate assistant or alternate COR s to act for the COR by naming such assistant alternate s in writing and transmitting a copy of such designation to the contractor End of clause G 3 1352 216-76 PLACEMENT OF ORDERS APR 2010 a The contractor shall provide goods and or services under this contract only as directed in orders issued by authorized individuals In accordance with FAR 16 505 each order will include 1 Date of order 2 Contract number and order number 3 Item number and description quantity and unit price or estimated cost or fee 4 Delivery or performance date 5 Place of delivery or performance including consignee 6 Packaging packing and shipping instructions if any 7 Accounting and appropriation data 8 Method of payment and payment office if not specified in the contract 9 Any other pertinent information b In accordance with FAR 52 216-18 Ordering the following individuals or activities are authorized to place orders against this contract NIST Contracting Officer N A c If multiple awards have been made the contact information for the DOC task and delivery order ombudsman is N A End of clause G 4 1352 245-70 GOVERNMENT FURNISHED PROPERTY APR 2010 The Government will provide the following item s of Government property to the contractor The contractor shall be accountable for and have stewardship of the property in the performance of this PAGE 39 OF 114 SB1341-17-RP-0007 contract This property shall be used and maintained by the contractor in accordance with provisions of the Government Property clause included in this contract Item No TBD Description TBD Quantity TBD Delivery Date TBD Property Tag Number if applicable TBD End of clause G 5 IDIQ CONTRACT INFORMATION PAGE 40 OF 114 SB1341-17-RP-0007 IDIQ CONTRACT INFORMATION A Description of contract This is an Indefinite-Delivery Indefinite- Quantity IDIQ contract under which the contractor shall provide any or all of the support services described in the Performance Work Statement PWS of the contract as detailed in individual task orders issued by the contracting officer during the term of this contract B Multiple Award Preference The contracting officer intends on Awarding IDIQ contracts to more than one Offeror to the extent that this approach is in the best interests of the Government based on the proposals received All proposals will be evaluated based on the evaluation factors detailed in section M of the RFP A determination on whether the issuance of multiple awards is in the best interests of the Government will be made by the government during the evaluation process C Task Orders Task orders under this contract shall be either firm fixed price or labor hour type task orders with preference towards firm fixed price contract type Task orders may also be a hybrid of the two contract types The following procedures apply for this issuance of task orders should there only be one IDIQ contract awarded to one Offeror as a result of the solicitation a Work shall be initiated only by issuance of a fully executed task order by the contracting officer The work to be performed under these task orders must be within the scope of the PWS in Section C of the contract The Government is only liable for costs expended under the terms and conditions of the contract to the extent that a fully executed task order has been issued and covers the required work Charges for any work not authorized shall not be allowed b The Contractor shall provide a quotation proposal in response to a request for quotation proposal under the contract The quotation proposal shall address the scope of work specific tasks and deliverables detailed in the PWS of the applicable task order and shall include the proposed firm fixed price s If travel is required the Contractor shall include estimated travel expenses for the completion of the task order c Based upon the quotation proposal the Contractor and the Government shall negotiate the number of hours and labor mix required to complete the task order any changes in the scope of the work to be performed the schedule or the deliverables to be provided in the task order as needed PAGE 41 OF 114 SB1341-17-RP-0007 d Within five 5 working days following the conclusion of any negotiations unless specifically stated otherwise in communications from the Contracting Officer related to the quotation the Contractor shall submit a revised quotation proposal which reflects the negotiated agreement e Task orders shall be considered fully executed upon signature of the contracting officer The Contractor shall begin work on the task order in accordance with the effective date of the task order f Each task order will specify the following to the maximum extent practicable 1 Specific Tasks to be performed 2 Deliverables and Due Dates 3 Period of Performance 4 Place of Performance 5 Firm Fixed Price or Ceiling Price 6 Any applicable reporting requirements and 7 Any applicable Government-furnished property The following procedures apply for this issuance of task orders should there be multiple IDIQ contracts awarded as a result of the solicitation a The contracting officer will provide each awardee a fair opportunity to be considered for each order exceeding $3 000 issued under the IDIQ contract Streamlined processes may be used for task orders exceeding $3 000 up to $5 million A request for quotations proposals will be distributed to all contract holders and will contain to the maximum extent practicable the items detailed in b i-v below In addition the contracting officer need not contact each of the multiple awardees under the contract before selecting an order awardee if the contracting officer has information available to ensure that each awardee is provided a fair opportunity to be considered for each order and the order does not exceed $5 million The competition requirements in FAR Part 6 and the policies in FAR Subpart 15 3 do not apply to the ordering process b For task orders in excess of $5 million a request for quotations proposals will be distributed to all contract holders and will contain at a minimum – i ii iii A notice of the task or delivery order that includes a clear statement of NIST’s requirements A reasonable response period Disclosure of the significant factors and sub-factors including cost or price that the agency expects to consider in evaluating proposals and their relative importance PAGE 42 OF 114 SB1341-17-RP-0007 iv v Where award is made on a best value basis a written statement documenting the basis for award and the relative importance of quality and price or cost factors and An opportunity for a postaward debriefing in accordance with FAR Subpart 16 505 b 4 c Exceptions to the fair opportunity process The contracting officer will give every contract holder a fair opportunity to be considered for a task order exceeding $3 000 unless one of the statutory exceptions detailed in FAR Subpart 16 505 b 2 applies d Evaluation factors for award of task orders The evaluation factors for award that may be used when competing individual task orders will be Management Approach Technical Approach Specialized Experience Past Performance and Price However detailed descriptions of each factor and potential sub-factors will be provided in the request for quotations proposals for each individual task order Should additional evaluation factors or factors other than the ones listed above be applicable to a particular task order the contracting officer may incorporate said evaluation factors into the request for quotations proposals for an individual task order All contract holders will be made aware of the evaluation factors for award for an individual task order D Task-order and delivery-order ombudsman Should multiple IDIQ contracts be awarded NIST will assign an ombudsman for task orders issued under this contract The ombudsman will review complaints from contractor holders and ensure they are afforded a fair opportunity to be considered consistent with the procedures in the contract The ombudsman for this IDIQ contract will be the NIST Competition Advocate Contact information will be provided upon award of the contracts should multiple awards be issued E Pricing The ceiling fully-burdened hourly labor rates that shall be used by the Contractor for each labor category when providing an official quote can be found in Section B of the contractor’s IDIQ contract The description of the minimum requirements for each labor category under this contract can also be found in Section B In no event shall the labor rates identified in the contractor’s contract be exceeded for the corresponding labor categories during the corresponding period The contractor may offer and the Government may request further price reductions in accordance with commercial practices and market forces at any point during the life of this contract Such reductions in the labor rates would be incorporated through a bilateral modification to the base contract In addition contractors may offer discounts off of their contract’s labor rates PAGE 43 OF 114 SB1341-17-RP-0007 when responding to a individual task order request for quotations proposals PAGE 44 OF 114 SB1341-17-RP-0007 for an SECTION H SPECIAL CONTRACT REQUIREMENTS H 1 1352 208-70 RESTRICTIONS ON PRINTING AND DUPLICATING APR 2010 Reference 1352 208-70 H 2 1352 209-72 RESTRICTIONS AGAINST DISCLOSURE APR 2010 a The contractor agrees in the performance of this contract to keep the information furnished by the Government or acquired developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer s Representative in the strictest confidence The contractor also agrees not to publish or otherwise divulge such information in whole or in part in any manner or form nor to authorize or permit others to do so taking such reasonable measures as are necessary to restrict access to such information while in the contractor s possession to those employees needing such information to perform the work described herein i e on a need to know basis The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred b The contractor agrees that it will not disclose any information described in subsection a to any person unless prior written approval is obtained from the Contracting Officer The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder End of clause H 3 1352 209-73 COMPLIANCE WITH THE LAWS APR 2010 Reference 1352 209-73 H 4 1352 209-74 ORGANIZATIONAL CONFLICT OF INTEREST APR 2010 Reference 1352 209-74 H 5 1352 216-74 TASK ORDERS APR 2010 a In task order contracts all work shall be initiated only by issuance of fully executed task orders issued by the Contracting Officer The work to be performed under these orders must be within the scope of the contract The Government is only liable for labor hours and costs expended under the terms and conditions of this contract to the extent that a fully executed task order has been issued and covers the required work and costs Charges for any work not authorized shall be disallowed b For each task order under the contract the Contracting Office shall send a request for proposal to the contractor s The request will contain a detailed description of the tasks to be achieved a schedule for completion of the task order and deliverables to be provided by the contractor c The contractor shall submit a proposal defining the technical approach to be taken to complete the task order work schedule and proposed cost price d After any necessary negotiations the contractor shall submit a final proposal e Task orders will be considered fully executed upon signature of the Contracting Officer The contractor shall begin work on the task order in accordance with the effective date of the order f The contractor shall notify the Contracting Officer of any instructions or guidance given that may impact the cost schedule or deliverables of the task order A formal modification to the task order must be issued by the Contracting Officer before any changes can be made g Task orders may be placed during the period of performance of the contract Labor rates applicable to hours expended in performance of an order will be the contract rates that are in effect at the time the task order is issued h If multiple awards are made by the Government the CO shall provide each awardee a fair opportunity to be considered for each task order over the micro-purchase threshold unless one of the exceptions at FAR 16 505 b applies End of clause PAGE 45 OF 114 SB1341-17-RP-0007 H 6 1352 231-71 DUPLICATION OF EFFORT APR 2010 Reference 1352 231-71 H 7 1352 237-70 SECURITY PROCESSING REQUIREMENTS - HIGH OR MODERATE RISK CONTRACTS APR 2010 a Investigative Requirements for High and Moderate Risk Contracts All contractor and subcontractor personnel proposed to be employed under a High or Moderate Risk contract shall undergo security processing by the Department s Office of Security before being eligible to work on the premises of any Department of Commerce facility or through a Department of Commerce IT system All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor The level of contract risk will determine the type and scope of such processing as noted below 1 Non-IT Service Contracts i High Risk - Background Investigation BI ii Moderate Risk - Moderate Background Investigation MBI 2 IT Service Contracts i High Risk IT - Background Investigation BI ii Moderate Risk IT - Background Investigation BI b In addition to the investigations noted above non-U S citizens must have a pre-appointment check that includes an Immigration and Customs Enforcement agency check c Additional Requirements for Foreign Nationals Non-U S Citizens To be employed under this contract within the United States non-U S citizens must have 1 Official legal status in the United States 2 Continuously resided in the United States for the last two years and 3 Advance approval from the servicing Security Officer of the contracting operating unit in consultation with the Office of Security OSY headquarters OSY routinely consults with appropriate agencies regarding the use of non-U S citizens on contracts and can provide up-to-date information concerning this matter d Security Processing Requirement Processing requirements for High and Moderate Risk Contracts are as follows 1 The contractor must complete and submit the following forms to the Contracting Officer Representative COR i Standard Form 85P SF 85P Questionnaire for Public Trust Positions ii FD 258 Fingerprint Chart with OPM s designation in the ORI Block and iii Credit Release Authorization 2 The Sponsor will ensure that these forms have been properly completed initiate the CD-254 Contract Security Classification Specification and forward the documents to the cognizant Security Officer 3 Upon completion of the security processing the Office of Security through the servicing Security Officer and the COR will notify the contractor in writing of the individual s eligibility to be given access to a Department of Commerce facility or Department of Commerce IT system 4 Security processing shall consist of limited personal background inquiries pertaining to verification of name physical description marital status present and former residences education employment history criminal record personal references medical fitness fingerprint classification and other pertinent information For non-U S citizens the COR must request an Immigration and Customs Enforcement formerly INS agency check It is the option of the Office of Security to repeat the security processing on any contract employee at its discretion e Notification of Disqualifying Information If the Office of Security receives disqualifying information on a contract employee the COR will be notified The COR in coordination with the contracting officer will immediately remove the contract employee from duty requiring access to Departmental facilities or IT systems Contract employees may be barred from working on the premises of a facility for any of the following 1 Conviction of a felony of a crime of violence or of a misdemeanor involving moral turpitude 2 Falsification of information entered on security screening forms or of other documents submitted to the Department 3 Improper conduct once performing on the contract including criminal infamous dishonest immoral or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct directly related to the contract 4 Any behavior judged to pose a potential threat to Departmental information systems personnel property or other assets PAGE 46 OF 114 SB1341-17-RP-0007 f Failure to comply with the requirements may result in termination of the contract or removal of some contract employees from Department of Commerce facilities or access to IT systems g Access to National security Information Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information h The Contractor shall include the substance of this clause including this paragraph in all subcontracts End of Clause H 8 1352 237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS APR 2010 a Investigative Requirements for Low Risk Contracts All contractor and subcontractor personnel proposed to be employed under a Low Risk contract shall undergo security processing by the Department s Office of Security before being eligible to work on the premises of any Department of Commerce owned leased or controlled facility in the United States or overseas or to obtain access to a Department of Commerce IT system All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor b Investigative requirements for Non-IT Service Contracts are 1 Contracts more than 180 days - National Agency Check and Inquiries NACI 2 Contracts less than 180 days - Special Agency Check SAC c Investigative requirements for IT Service Contracts are 1 Contracts more than 180 days - National Agency Check and Inquiries NACI 2 Contracts less than 180 days - National Agency Check and Inquiries NACI d In addition to the investigations noted above non-U S citizens must have a background check that includes an Immigration and Customs Enforcement agency check e Additional Requirements for Foreign Nationals Non-U S Citizens Non-U S citizens lawful permanent residents to be employed under this contract within the United States must have 1 Official legal status in the United States 2 Continuously resided in the United States for the last two years and 3 Obtained advance approval from the servicing Security Officer in consultation with the Office of Security headquarters f DOC Security Processing Requirements for Low Risk Non-IT Service Contracts Processing requirements for Low Risk non-IT Service Contracts are as follows 1 Processing of a NACI is required for all contract employees employed in Low Risk non-IT service contracts for more than 180 days The Contracting Officer s Representative COR will invite the prospective contractor into e-QIP to complete the SF-85 The contract employee must also complete fingerprinting 2 Contract employees employed in Low Risk non-IT service contracts for less than 180 days require processing of Form OFI-86C Special Agreement Check SAC to be processed The Sponsor will forward a completed Form OFI-86C FD-258 Fingerprint Chart and Credit Release Authorization to the servicing Security Officer who will send the investigative packet to the Office of Personnel Management for processing 3 Any contract employee with a favorable SAC who remains on the contract over 180 days will be required to have a NACI conducted to continue working on the job site 4 For Low Risk non-IT service contracts the scope of the SAC will include checks of the Security Suitability Investigations Index SII other agency files INVA Defense Clearance Investigations Index DCII FBI Fingerprint FBIF and the FBI Information Management Division FBIN 5 In addition for those individuals who are not U S citizens lawful permanent residents the Sponsor may request a Customs Enforcement SAC on Form OFI-86C by checking Block #7 Item I In Block 13 the Sponsor should enter the employee s Alien Registration Receipt Card number to aid in verification 6 Copies of the appropriate forms can be obtained from the Sponsor or the Office of Security Upon receipt of the required forms the Sponsor will forward the forms to the servicing Security Officer The Security Officer will process the forms and advise the Sponsor and the Contracting Officer whether the contract employee can commence work prior to completion of the suitability determination based on the type of work and risk to the facility i e adequate controls and restrictions are in place The Sponsor will notify the contractor of favorable or unfavorable findings of the suitability determinations The Contracting Officer will notify the contractor of an approved contract start date g Security Processing Requirements for Low Risk IT Service Contracts Processing of a NACI is required for all contract employees employed under Low Risk IT service contracts PAGE 47 OF 114 SB1341-17-RP-0007 1 Contract employees employed in all Low Risk IT service contracts will require a National Agency Check and Inquiries NACI to be processed The Contracting Officer s Representative COR will invite the prospective contractor into e-QIP to complete the SF-85 Fingerprints and a Credit Release Authorization must be completed within three working days from start of work and provided to the Servicing Security Officer who will forward the investigative package to OPM 2 For Low Risk IT service contracts individuals who are not U S citizens lawful permanent residents must undergo a NACI that includes an agency check conducted by the Immigration and Customs Enforcement Service The Sponsor must request the ICE check as a part of the NAC h Notification of Disqualifying Information If the Office of Security receives disqualifying information on a contract employee the Sponsor and Contracting Officer will be notified The Sponsor shall coordinate with the Contracting Officer for the immediate removal of the employee from duty requiring access to Departmental facilities or IT systems Contract employees may be barred from working on the premises of a facility for any of the following reasons 1 Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude 2 Falsification of information entered on security screening forms or of other documents submitted to the Department 3 Improper conduct once performing on the contract including criminal infamous dishonest immoral or notoriously disgraceful conduct or other conduct prejudicial to the Government regardless of whether the conduct was directly related to the contract 4 Any behavior judged to pose a potential threat to Departmental information systems personnel property or other assets i Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems j Access to National Security Information Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information k The contractor shall include the substance of this clause including this paragraph in all subcontracts End of Clause H 9 KEY PERSONNEL APR 2010 PAGE 48 OF 114 SB1341-17-RP-0007 1352 237-75 Key personnel KEY PERSONNEL APR 2010 a The contractor shall assign to this contract the following key personnel Name Program Manager- Contract Level Other Labor Categories will be identified on a task order basis b The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced unless an exception is approved by the Contracting Officer c Requests for changes in key personnel shall be submitted to the Contracting Officer at least 15 working days prior to making any permanent substitutions The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions complete resumes for the proposed substitutes and any additional information requested by the Contracting Officer The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions The contract will be modified to reflect any approved changes End of clause H 10 1352 239-71 ELECTRONIC AND INFORMATION TECHNOLOGY APR 2010 PAGE 49 OF 114 SB1341-17-RP-0007 a To be considered eligible for award offerors must propose electronic and information technology EIT that meet the applicable Access Board accessibility standards at 36 CFR 1194 designated below XXX 1194 21 Software applications and operating systems XXX 1194 22 Web-based intranet and internet information and applications 1194 23 Telecommunications products 1194 24 Video and multimedia products 1194 25 Self-contained closed products XXX 1194 26 Desktop and portable computers 1194 31 Functional performance criteria XXX 1194 41 Information documentation and support b The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future c Alternatively offerors may propose products and services that provide equivalent facilitation Such offers will be considered to have met the provisions of the Access Board standards for the feature or components providing equivalent facilitation If none of the offers that meet all applicable provisions of the standards could be accepted without imposing an undue burden on the agency or component or if none of the offerors propose products or services that fully meet all of the applicable Access Board s provisions those offerors whose products or services meet some of the applicable provisions will be considered eligible for award Awards will not be made to an offeror meeting all or some of the applicable Access Board provisions if award would impose an undue burden upon the agency d Offerors must submit representation information concerning their products by completing the VPAT template at www Section508 gov End of clause H 11 1352 239-72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES APR 2010 a Applicability This clause is applicable to all contracts that require contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems or administrative control of systems by a contractor that process or store information that directly supports the mission of the Agency b Definitions For purposes of this clause the term Sensitive is defined by the guidance set forth in the Computer Security Act of 1987 P L 100-235 including the following definition of the term 1 Sensitive information is any information the loss misuse or unauthorized access to or modification of which could adversely affect the national interest or the conduct of federal programs or the privacy to which individuals are entitled under section 552a of title 5 United States Code The Privacy Act but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy 2 For purposes of this clause the term National Security is defined by the guidance set forth in i The DOC IT Security Program Policy and Minimum Implementation Standards Section 4 3 ii The DOC Security Manual Chapter 18 iii Executive Order 12958 as amended Classified National Security Information Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress 3 Information technology resources include but are not limited to hardware application software system software and information data Information technology services include but are not limited to the management operation including input processing transmission and output maintenance programming and system administration of computer systems networks and telecommunications systems c The contractor shall be responsible for implementing sufficient Information Technology security to reasonably prevent the compromise of DOC IT resources for all of the contractor s systems that are interconnected with a DOC network or DOC systems that are operated by the contractor d All contractor personnel performing under this contract and contractor equipment used to process or store DOC data or to connect to DOC networks must comply with the requirements contained in the DOC Information Technology Management Handbook see DOC Office of the Chief Information PAGE 50 OF 114 SB1341-17-RP-0007 Officer website or equivalent more specific agency or operating unit counsel guidance as specified immediately hereafter NIST Computer Security Policy e Contractor personnel requiring a user account for access to systems operated by the contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337 70 Security Processing Requirements for Service Contracts f Within 5 days after contract award the contractor shall certify in writing to the COR that its employees in performance of the contract have completed initial IT security orientation training in DOC IT Security policies procedures computer ethics and best practices in accordance with DOC IT Security Program Policy chapter 15 section 15 3 The COR will inform the contractor of any other available DOC training resources Annually thereafter the contractor shall certify in writing to the COR that its employees in performance of the contract have completed annual refresher training as required by section 15 4 of the DOC IT Security Program Policy g Within 5 days of contract award the contractor shall provide the COR with signed acknowledgement of the provisions as contained in Commerce Acquisition Regulation CAR 1352 209-72 Restrictions Against Disclosures h The contractor shall afford DOC including the Office of Inspector General access to the contractor s and subcontractor s facilities installations operations documentation databases and personnel used in performance of the contract Access shall be provided to the extent required to carry out a program of IT inspection investigation and audit to safeguard against threats and hazards to the integrity availability and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC and to preserve evidence of computer crime i For all contractor-owned systems for which performance of the contract requires interconnection with a DOC network on which DOC data will be stored or processed the contractor shall provide implement and maintain a System Accreditation Package in accordance with the DOC IT Security Program Policy Specifically the contractor shall 1 Within 14 days after contract award submit for DOC approval a System Certification Work Plan including project management information at a minimum the tasks resources and milestones for the certification effort in accordance with DOC IT Security Program Policy and NIST Computer Security Policy The Certification Work Plan approved by the COR in consultation with the DOC IT Security Officer or Agency operating unit counsel IT Security Manager Officer shall be incorporated as part of the contract and used by the COR to monitor performance of certification activities by the contractor of the system that will process DOC data or connect to DOC networks Failure to submit and receive approval of the Certification Work Plan may result in termination of the contract 2 Upon approval follow the work plan schedule to complete system certification activities in accordance with DOC IT Security Program Policy Section 6 2 and provide the COR with the completed System Security Plan and Certification Documentation Package portions of the System Accreditation Package for approval and system accreditation by an appointed DOC official 3 Upon receipt of the Security Assessment Report and Authorizing Official s written accreditation decision from the COR maintain the approved level of system security as documented in the Security Accreditation Package and assist the COR in annual assessments of control effectiveness in accordance with DOC IT Security Program Policy Section 6 3 1 1 j The contractor shall incorporate this clause in all subcontracts that meet the conditions in paragraph a of this clause End of clause H 12 NIST LOCAL-07 COMPUTER SECURITY POLICY All contractor personnel shall read and be familiar with the Computer Security Policy at NIST which can be downloaded from the NIST internal web site at http www-i nist gov cio itsd pp_nist policy policy_accnuse html This policy is hereby incorporated by reference as if fully set forth PAGE 51 OF 114 SB1341-17-RP-0007 The Contractor and its employee s and agents shall abide by the terms and conditions of the policy throughout the period of performance including any exercised option periods of this contract END OF CLAUSE H 13 NIST LOCAL-36 TRAVEL NOTE a The government will reimburse the contractor for all necessary expenses in connection with travel authorized pursuant to this order contract Costs incurred for lodging meals and incidental expenses shall be considered to be reasonable and allowable only to the extent that they do not exceed on a daily basis the maximum per diem rates in effect at the time of travel as set forth in the Federal Travel Regulations prescribed by the General Services Administration b Subsistence is authorized in accordance with the DoC and Federal Travel Regulations Invoices requesting reimbursement for travel must be accompanied by itemized paid receipts The invoices must be submitted to the payment office specified elsewhere in this order contract END OF CLAUSE H 14 NIST LOCAL-40 BILLING INSTRUCTIONS FOR DELIVERY TASK ORDERS a NIST prefers electronic Invoice Voucher submissions and they should be emailed to INVOICE@NIST GOV b Each Delivery Task Order Invoice or Voucher submitted shall include the following 1 Contract Number identified in Block 2 of the OF347 2 Delivery Task Order number identified in Block 3 of the OF347 3 Contractor Name and Address 4 Date of Invoice 5 Invoice Number 6 Amount of Invoice and Cumulative Amount Invoiced to-date 7 Contract Line Item Number CLIN 8 Description Quantity Unit of Measure Unit Price and Extended Price of Supplies Services Delivered 9 Prompt Payment Discount Terms if Offered 10 Any other information or documentation required by the contract c In the event electronic submissions are not used the Contractor shall submit an original invoice or voucher in accordance with paragraph b above to the address identified in Block 21 of the OF347 END OF CLAUSE H 15 LOCAL CLAUSE - CONVERSION OF CONTRACT TYPE PAGE 52 OF 114 SB1341-17-RP-0007 LOCAL - CONVERSION OF CONTRACT TYPE The Government reserves the right to convert the Labor Hour type task order to Firm-Fixed Price type task order once the Government is able to better define the tasks This right may be exercised at any time throughout the life of the task order through a bilateral modification to the task order END OF TEXT H 16 LOCAL CLAUSE CONTRACTOR RESPONSIBILITY PAGE 53 OF 114 SB1341-17-RP-0007 LOCAL CLAUSE – CONTRACTOR RESPONSIBILITY The Contractor shall provide all management administrative clerical and supervisory functions required for the effective and efficient performance of this contract The Contractor shall save and hold harmless and indemnify the Government against any and all liability claims and cost of whatever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy use service operations or performance of work under the terms of this contract resulting in whole or in part from the negligent acts or omissions of the Contractor The Government shall not be liable for any injury to the Contractor’s personnel or damage to the Contractor’s property unless such injury or damage is due to negligence on the part of the Government and is recoverable under the Federal Torts Claim Act or pursuant to another Federal statutory authority A smooth and orderly transition between the Contractor and a predecessor or successor Contractor is necessary to ensure minimum disruption to vital Government business The Contractor shall cooperate fully in the transition The Contractor shall adhere to the same professional and ethical standards of conduct required of Government personnel The Contractor shall not a discuss with unauthorized persons any information obtained in the performance of work under this contract b conduct business not directly related to this contract on Government premises c use computer systems and or other Government facilities for company or personal business other than work related H 17 LOCAL CLAUSE - NON PERSONAL SERVICES PAGE 54 OF 114 SB1341-17-RP-0007 LOCAL CLAUSE - NON PERSONAL SERVICES No personal services shall be performed under this contract No contractor employee will be directly supervised by the Government All individual employee assignments and daily work direction shall be given by the applicable employee supervisor If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee the Contractor shall promptly notify the Contracting Officer of this communication or action The Contractor shall not perform inherently Governmental actions under this contract No Contractor employee shall hold him or herself out to be a Government employee agent or representative No Contractor employee shall state orally or in writing at any time that he or she is acting on behalf of the Government In all communications with third parties in connection with this contract Contractor employees shall identify themselves as Contractor employees and specify the name of the company for which they work In all communications with other Government Contractors in connection with this contract the Contractor employees shall state that they have no authority to in any way change the contract and that if the other Contractor believes this communication to be a direction to change their contract they should notify the Contracting Officer for that contract and not carry out the direction until a clarification has been issued by the Contracting Officer The Contractor shall insure that all of its employees working on this contract are informed of the substance of this clause Nothing in this clause shall limit the Government’s rights in any way under any other provision of the contract including those related to the Government’s right to inspect and accept the services to be performed under this contract The substance of this clause shall be included in all subcontracts at any tier H 18 LOCAL FLOWDOWN PROVISION PAGE 55 OF 114 SB1341-17-RP-0007 LOCAL FLOWDOWN PROVISION All goods and services ordered under this contract which are to furnished by a subcontractor or subcontractors shall be governed the terms and conditions set forth in this contract Contractor responsible for ensuring that all subcontractor s are informed this flowdown provision PAGE 56 OF 114 SB1341-17-RP-0007 be by is of SECTION I CONTRACT CLAUSES I 1 LIMITATION OF COSTS ON LABOR HOUR TASK ORDERS PAGE 57 OF 114 SB1341-17-RP-0007 LIMITATION OF COSTS ON LABOR HOUR TASK ORDERS a The parties estimate that performance of this contract exclusive of any fee will not cost the Government more than the ceiling price specified in the task order The Contractor agrees to use its best efforts to perform the work specified in the task order and all obligations under this task order within the ceiling price b The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that— 1 The costs the Contractor expects to incur under this contract in the next 60 days when added to all costs previously incurred will exceed 75 percent of the ceiling price specified in the task order or 2 The total cost for the performance of this task order will be either greater or substantially less than had been previously estimated c As part of the notification the Contractor shall provide the Contracting Officer a revised estimate of the total cost of performing this contract d Except as required by other provisions of this contract specifically citing and stated to be an exception to this clause— 1 The Government is not obligated to reimburse the Contractor for costs incurred in excess of the ceiling price specified in the task order and 2 The Contractor is not obligated to continue performance under this contract including actions under the Termination clause of this contract or otherwise incur costs in excess of the ceiling price specified in the task order until the Contracting Officer i notifies the Contractor in writing that the ceiling price has been increased and ii provides a revised estimated total cost of performing this contract e No notice communication or representation in any form other than that specified in paragraph d 2 of this clause or from any person other than the Contracting Officer shall affect this task order’s ceiling price In the absence of the specified notice the Government is not obligated to reimburse the Contractor for any costs in excess of the ceiling price of the task order f Change orders shall not be considered an authorization to exceed the ceiling price to the Government specified in the task order unless they contain a statement increasing the ceiling price End of clause I 2 52 202-1 DEFINITIONS NOV 2013 Reference 52 202-1 PAGE 58 OF 114 SB1341-17-RP-0007 I 3 52 203-3 GRATUITIES APR 1984 Reference 52 203-3 I 4 52 203-5 COVENANT AGAINST CONTINGENT FEES MAY 2014 Reference 52 203-5 I 5 52 203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT 2010 Reference 52 203-12 I 6 52 204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY 2011 Reference 52 204-4 I 7 52 204-7 SYSTEM FOR AWARD MANAGEMENT JUL 2013 Reference 52 204-7 I 8 52 204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011 Reference 52 204-9 I 9 52 212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS MAY 2015 Reference 52 212-4 I 10 52 212-4 I CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS MAY 2015 --ALTERNATE I MAY 2014 Reference 52 212-4 I I 11 52 215-2 AUDIT AND RECORDS--NEGOTIATION OCT 2010 Reference 52 215-2 I 12 52 215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT OCT 1997 Reference 52 215-8 I 13 52 217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS OCT 1997 Reference 52 217-2 I 14 52 217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM MAR 1989 The Government may require the delivery of the numbered line item identified in the Schedule as an option item in the quantity and at the price stated in the Schedule The Contracting Officer may exercise the option by written notice to the Contractor within Delivery of added items shall continue at the same rate that like items are called for under the contract unless the parties otherwise agree End of Clause PAGE 59 OF 114 SB1341-17-RP-0007 I 15 52 219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT 2014 Reference 52 219-8 I 16 52 223-6 DRUG-FREE WORKPLACE MAY 2001 Reference 52 223-6 I 17 52 224-1 PRIVACY ACT NOTIFICATION APR 1984 Reference 52 224-1 I 18 52 224-2 PRIVACY ACT APR 1984 Reference 52 224-2 I 19 52 227-1 AUTHORIZATION AND CONSENT DEC 2007 Reference 52 227-1 I 20 52 227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT DEC 2007 Reference 52 227-2 I 21 52 227-3 PATENT INDEMNITY APR 1984 Reference 52 227-3 I 22 52 227-14 RIGHTS IN DATA--GENERAL MAY 2014 Reference 52 227-14 I 23 52 227-17 RIGHTS IN DATA--SPECIAL WORKS DEC 2007 Reference 52 227-17 I 24 52 227-23 RIGHTS TO PROPOSAL DATA TECHNICAL JUN 1987 Reference 52 227-23 I 25 52 229-3 FEDERAL STATE AND LOCAL TAXES FEB 2013 Reference 52 229-3 I 26 52 232-1 PAYMENTS APR 1984 Reference 52 232-1 I 27 52 232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002 Reference 52 232-8 I 28 52 232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984 Reference 52 232-9 PAGE 60 OF 114 SB1341-17-RP-0007 I 29 52 232-11 EXTRAS APR 1984 Reference 52 232-11 I 30 52 232-17 INTEREST MAY 2014 Reference 52 232-17 I 31 52 232-18 AVAILABILITY OF FUNDS APR 1984 Reference 52 232-18 I 32 52 232-23 ASSIGNMENT OF CLAIMS MAY 2014 Reference 52 232-23 I 33 52 232-25 PROMPT PAYMENT JUL 2013 Reference 52 232-25 I 34 52 233-1 DISPUTES MAY 2014 Reference 52 233-1 I 35 52 233-3 PROTEST AFTER AWARD AUG 1996 Reference 52 233-3 I 36 52 233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004 Reference 52 233-4 I 37 52 242-13 BANKRUPTCY JUL 1995 Reference 52 242-13 I 38 52 244-2 SUBCONTRACTS OCT 2010 Reference 52 244-2 I 39 52 245-1 GOVERNMENT PROPERTY APR 2012 Reference 52 245-1 I 40 52 245-9 USE AND CHARGES APR 2012 a Definitions Definitions applicable to this contract are provided in the clause at 52 245-1 Government Property Additional definitions as used in this clause include Rental period means the calendar period during which Government property is made available for nongovernmental purposes Rental time means the number of hours to the nearest whole hour rented property is actually used for nongovernmental purposes It includes time to set up the property for such purposes perform required maintenance and restore the property to its condition prior to rental less normal wear and tear b Use of Government property The Contractor may use the Government property without charge in the performance of- 1 Contracts with the Government that specifically authorize such use without charge PAGE 61 OF 114 SB1341-17-RP-0007 2 Subcontracts of any tier under Government prime contracts if the Contracting Officer having cognizance of the prime contract- i Approves a subcontract specifically authorizing such use or ii Otherwise authorizes such use in writing and 3 Other work if the Contracting Officer specifically authorizes in writing use without charge for such work c Rental If granted written permission by the Contracting Officer or if it is specifically provided for in the Schedule the Contractor may use the Government property except material for a rental fee for work other than that provided in paragraph b of this clause Authorizing such use of the Government property does not waive any rights of the Government to terminate the Contractor s right to use the Government property The rental fee shall be determined in accordance with the following paragraphs d General 1 Rental requests shall be submitted to the Administrative Contracting Officer ACO identify the property for which rental is requested propose a rental period and compute an estimated rental charge by using the Contractor s best estimate of rental time in the formulae described in paragraph e of this clause 2 The Contractor shall not use Government property for nongovernmental purposes including Independent Research and Development until a rental charge for real property or estimated rental charge for other property is agreed upon Rented property shall be used only on a non-interference basis e Rental charge- 1 Real property and associated fixtures i The Contractor shall obtain at its expense a property appraisal from an independent licensed accredited or certified appraiser that computes a monthly daily or hourly rental rate for comparable commercial property The appraisal may be used to compute rentals under this clause throughout its effective period or if an effective period is not stated in the appraisal for one year following the date the appraisal was performed The Contractor shall submit the appraisal to the ACO at least 30 days prior to the date the property is needed for nongovernmental use Except as provided in paragraph e 1 iii of this clause the ACO shall use the appraisal rental rate to determine a reasonable rental charge ii Rental charges shall be determined by multiplying the rental time by the appraisal rental rate expressed as a rate per hour Monthly or daily appraisal rental rates shall be divided by 720 or 24 respectively to determine an hourly rental rate iii When the ACO believes the appraisal rental rate is unreasonable the ACO shall promptly notify the Contractor The parties may agree on an alternative means for computing a reasonable rental charge iv The Contractor shall obtain at its expense additional property appraisals in the same manner as provided in paragraph e 1 i if the effective period has expired and the Contractor desires the continued use of property for nongovernmental use The Contractor may obtain additional appraisals within the effective period of the current appraisal if the market prices decrease substantially 2 Other Government property The Contractor may elect to compute the rental charge using the appraisal method described in paragraph e 1 of this clause subject to the constraints therein or the following formula in which rental time shall be expressed in increments of not less than one hour with portions of hours rounded to the next higher hour The hourly rental charge is calculated by multiplying 2 percent of the acquisition cost by the hours of rental time and dividing by 720 3 Alternative methodology The Contractor may request consideration of an alternative basis for computing the rental charge if it considers the monthly rental rate or a timebased rental unreasonable or impractical f Rental payments 1 Rent is due 60 days following completion of the rental period or as otherwise specified in the contract The Contractor shall compute the rental due and furnish records or other supporting data in sufficient detail to permit the ACO to verify the rental time and computation Payment shall be made by check payable to the Treasurer of the United States and sent to the contract administration office identified in this contract unless otherwise specified by the Contracting Officer 2 Interest will be charged if payment is not made by the date specified in paragraph f 1 of this clause Interest will accrue at the Renegotiation Board Interest Rate published in the Federal Register semiannually on or about January 1st and July 1st for the period in which the rent is due 3 The Government s acceptance of any rental payment under this clause in whole or in part shall not be construed as a waiver or relinquishment of any rights it may have against the Contractor stemming from the Contractor s unauthorized use of Government property or any other failure to perform this contract according to its terms g Use revocation At any time during the rental period the Government may revoke nongovernmental use authorization and require the Contractor at the Contractor s expense to return the property PAGE 62 OF 114 SB1341-17-RP-0007 to the Government restore the property to its pre-rental condition less normal wear and tear or both h Unauthorized use The unauthorized use of Government property can subject a person to fines imprisonment or both under 18 U S C 641 End of Clause I 41 52 246-25 LIMITATION OF LIABILITY--SERVICES FEB 1997 a Except as provided in paragraphs b and c of this clause and except to the extent that the Contractor is expressly responsible under this contract for deficiencies in the services required to be performed under it including any materials furnished in conjunction with those services the Contractor shall not be liable for loss of or damage to property of the Government that- 1 Occurs after Government acceptance of services performed under this contract and 2 Results from any defects or deficiencies in the services performed or materials furnished b The limitation of liability under paragraph a of this clause shall not apply when a defect or deficiency in or the Government s acceptance of services performed or materials furnished results from willful misconduct or lack of good faith on the part of any of the Contractor s managerial personnel The term Contractor s managerial personnel as used in this clause means the Contractor s directors officers and any of the Contractor s managers superintendents or equivalent representatives who have supervision or direction of- 1 All or substantially all of the Contractor s business 2 All or substantially all of the Contractor s operations at any one plant laboratory or separate location at which the contract is being performed or 3 A separate and complete major industrial operation connected with the performance of this contract c If the Contractor carries insurance or has established a reserve for self-insurance covering liability for loss or damage suffered by the Government through the Contractor s performance of services or furnishing of materials under this contract the Contractor shall be liable to the Government to the extent of such insurance or reserve for loss of or damage to property of the Government occurring after Government acceptance of and resulting from any defects and deficiencies in services performed or materials furnished under this contract End of Clause I 42 52 249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT FIXED-PRICE APR 2012 Reference 52 249-2 I 43 52 249-8 DEFAULT FIXED-PRICE SUPPLY AND SERVICE APR 1984 Reference 52 249-8 I 44 52 249-14 EXCUSABLE DELAYS APR 1984 a Except for defaults of subcontractors at any tier the Contractor shall not be in default because of any failure to perform this contract under its terms if the failure arises from causes beyond the control and without the fault or negligence of the Contractor Examples of these causes are 1 acts of God or of the public enemy 2 acts of the Government in either its sovereign or contractual capacity 3 fires 4 floods 5 epidemics 6 quarantine restrictions 7 strikes 8 freight embargoes and PAGE 63 OF 114 SB1341-17-RP-0007 9 unusually severe weather In each instance the failure to perform must be beyond the control and without the fault or negligence of the Contractor Default includes failure to make progress in the work so as to endanger performance b If the failure to perform is caused by the failure of a subcontractor at any tier to perform or make progress and if the cause of the failure was beyond the control of both the Contractor and subcontractor and without the fault or negligence of either the Contractor shall not be deemed to be in default unless- 1 The subcontracted supplies or services were obtainable from other sources 2 The Contracting Officer ordered the Contractor in writing to purchase these supplies or services from the other source and 3 The Contractor failed to comply reasonably with this order c Upon request of the Contractor the Contracting Officer shall ascertain the facts and extent of the failure If the Contracting Officer determines that any failure to perform results from one or more of the causes above the delivery schedule shall be revised subject to the rights of the Government under the termination clause of this contract End of Clause I 45 52 253-1 COMPUTER GENERATED FORMS JAN 1991 Reference 52 253-1 I 46 52 212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS SEPT 2016 a The Contractor shall comply with the following Federal Acquisition Regulation FAR clause which is incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items 1 52 209-10 Prohibition on Contracting with Inverted Domestic Corporations Nov 2015 2 52 233-3 Protest after Award Aug 1996 31 U S C 3553 3 52 233-4 Applicable Law for Breach of Contract Claim Oct 2004 Public Laws 108-77 and 108-78 19 U S C 3805 note b The Contractor shall comply with the FAR clauses in this paragraph b that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items XXX 1 52 203-6 Restrictions on Subcontractor Sales to the Government Sep 2006 with Alternate I Oct 1995 41 U S C 4704 and 10 U S C 2402 XXX 2 52 203-13 Contractor Code of Business Ethics and Conduct Oct 2015 41 U S C 3509 3 52 203-15 Whistleblower Protections Under the American Recovery L 111-5 Applies to contracts funded by the American Recovery and Reinvestment Act of 2009 XXX 4 52 204-10 Reporting Executive Compensation and First-Tier Subcontract Awards Oct 2015 Pub L 109-282 31 U S C 6101 note 5 Reserved 6 52 204-14 Service Contract Reporting Requirements JAN 2014 Pub L 111-117 section 743 of Div C XXX 7 52 204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts JAN 2014 Pub L 111-117 section 743 of Div C XXX 8 52 209-6 Protecting the Government s Interest When Subcontracting with Contractors Debarred Suspended or Proposed for Debarment Oct 2015 31 U S C 6101 note XXX 9 52 209-9 Updates of Publicly Available Information Regarding Responsibility Matters Jul 2013 41 U S C 2313 10 Reserved 11 i 52 219-3 Notice of HUBZone Set-Aside or Sole-Source Award NOV 2011 15 U S C 657a ii Alternate I NOV 2011 of 52 219-3 12 i 52 219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns OCT 2014 if the offeror elects to waive the preference it shall so indicate in its offer 15 U S C 657a ii Alternate I JAN 2011 of 52 219-4 13 Reserved 14 XXX i 52 219-6 Notice of Total Small Business Set-Aside Nov 2011 15 U S C 644 PAGE 64 OF 114 SB1341-17-RP-0007 ii Alternate I Nov 2011 of 52 219-6 iii Alternate II Nov 2011 of 52 219-6 15 i 52 219-7 Notice of Partial Small Business Set-Aside Jun 2003 15 U S C 644 ii Alternate I Oct 1995 of 52 219-7 iii Alternate II Mar 2004 of 52 219-7 16 52 219-8 Utilization of Small Business Concerns OCT 2014 15 U S C 637 d 2 and 3 17 i 52 219-9 Small Business Subcontracting Plan Oct 2015 15 U S C 637 d 4 ii Alternate I Oct 2001 of 52 219-9 iii Alternate II Oct 2001 of 52 219-9 iv Alternate III Oct 2015 of 52 219-9 18 52 219-13 Notice of Set-Aside of Orders Nov 2011 15 U S C 644 r XXX 19 52 219-14 Limitations on Subcontracting Nov 2011 15 U S C 637 a 14 20 52 219-16 Liquidated Damages--Subcontracting Plan Jan 1999 15 U S C 637 d 4 F i 21 52 219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside Nov 2011 15 U S C 657f XXX 22 52 219-28 Post Award Small Business Program Rerepresentation Jul 2013 15 U S C 632 a 2 23 52 219-29 Notice of Set-Aside for or Sole Source Award to Economically Disadvantaged Women-Owned Small Business Concerns Dec 2015 15 U S C 637 m 24 52 219-30 Notice of Set-Aside for or Sole Source Award to Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program Dec 2015 15 U S C 637 m XXX 25 52 222-3 Convict Labor June 2003 E O 11755 26 52 222-19 Child Labor--Cooperation with Authorities and Remedies FEB 2016 E O 13126 XXX 27 52 222-21 Prohibition of Segregated Facilities Apr 2015 XXX 28 52 222-26 Equal Opportunity Sept 2016 E O 11246 XXX 29 52 222-35 Equal Opportunity for Veterans Oct 2015 38 U S C 4212 XXX 30 52 222-36 Equal Opportunity for Workers with Disabilities Jul 2014 29 U S C 793 XXX 31 52 222-37 Employment Reports on Veterans Feb 2016 38 U S C 4212 XXX 32 52 222-40 Notification of Employee Rights Under the National Labor Relations Act Dec 2010 E O 13496 XXX 33 i 52 222-50 Combating Trafficking in Persons March 2 2015 22 U S C chapter 78 and E O 13627 ii Alternate I March 2 2015 of 52 222-50 22 U S C chapter 7 and E O 13627 XXX 34 52 222-54 Employment Eligibility Verification Oct 2015 E O 12989 Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22 1803 35 i 52 223-9 Estimate of Percentage of Recovered Material Contentfor EPA-Designated Items May 2008 42 U S C 6962 c 3 A ii Notapplicable to the acquisition of commercially available off-the-shelf items ii Alternate I May 2008 of 52 223-9 42 U S C 6962 i 2 C Not applicable to the acquisition of commercially available off-the-shelf items 36 52 223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons June 2016 E O 13693 37 52 223-12 Maintenance Service Repair or Disposal of Refrigeration Equipment and Air Conditioners June 2016 E O 13693 38 i 52 223-13 Acquisition of EPEAT R -Registered Imaging Equipment Jun 2014 E O s 13423 and 13514 ii Alternate I Oct 2015 of 52 223-13 39 i 52 223-14 Acquisition of EPEAT R -Registered Television Jun 2014 E O s 13423 and 13514 ii Alternate I Jun 2014 of 52 223-14 40 52 223-15 Energy Efficiency in Energy-Consuming Products Dec 2007 42 U S C 8259b 41 i 52 223-16 Acquisition of EPEAT R -Registered Personal Computer Products OCT 2015 E O s 13423 and 13514 ii Alternate I Jun 2014 of 52 223-16 XXX 42 52 223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving Aug 2011 E O 13513 43 52 223-20 Aerosols June 2016 E O 13693 44 52 223-21 Foams June 2016 E O 13693 45 52 225-1 Buy American--Supplies May 2014 41 U S C chapter 83 46 i 52 225-3 Buy American--Free Trade Agreements--Israeli Trade Act May 2014 41 U S C chapter 83 19 U S C 3301 note 19 U S C 2112 note 19 U S C 3805 note 19 U S C 4001 note Pub L 103-182 108-77 108-78 108-286 108-302 109-53 109-169 109-283 110-138 112-41 112-42 and 112-43 PAGE 65 OF 114 SB1341-17-RP-0007 ii Alternate I May 2014 of 52 225-3 iii Alternate II May 2014 of 52 225-3 iv Alternate III May 2014 of 52 225-3 47 52 225-5 Trade Agreements FEB 2016 19 U S C 2501 et seq 19 U S C 3301 note XXX 48 52 225-13 Restrictions on Certain Foreign Purchases Jun 2008 E O s proclamations and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury 49 52 225-26 Contractors Performing Private Security Functions Outside the United States Jul 2013 Section 862 as amended of the National Defense Authorization Act for Fiscal Year 2008 10 U S C 2302 Note 50 52 226-4 Notice of Disaster or Emergency Area Set-Aside Nov 2007 42 U S C 5150 51 52 226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area Nov 2007 42 U S C 5150 52 52 232-29 Terms for Financing of Purchases of Commercial Items Feb 2002 41 U S C 4505 10 U S C 2307 f 53 52 232-30 Installment Payments for Commercial Items Oct 1995 41 U S C 4505 10 U S C 2307 f XXX 54 52 232-33 Payment by Electronic Funds Transfer - System for Award Management Jul 2013 31 U S C 3332 55 52 232-34 Payment by Electronic Funds Transfer - Other Than System for Award Management Jul 2013 31 U S C 3332 56 52 232-36 Payment by Third Party May 2014 31 U S C 3332 XXX 57 52 239-1 Privacy or Security Safeguards Aug 1996 5 U S C 552a 58 i 52 247-64 Preference for Privately Owned U S -Flag Commercial Vessels Feb 2006 46 U S C Appx 1241 b and 10 U S C 2631 ii Alternate I Apr 2003 of 52 247-64 c The Contractor shall comply with the FAR clauses in this paragraph c applicable to commercial services that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items 1 52 222-17 Nondisplacement of Qualified Workers May 2014 E O 13495 2 52 222-41 Service Contract Labor Standards MAY 2014 41 U S C chapter 67 3 52 222-42 Statement of Equivalent Rates for Federal Hires MAY 2014 29 U S C 206 and 41 U S C chapter 67 4 52 222-43 Fair Labor Standards Act and Service Contract Labor --Price Adjustment Multiple Year and Option Contracts MAY 2014 29 U S C 206 and 41 U S C chapter 67 5 52 222-44 Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment MAY 2014 29 U S C 206 and 41 U S C chapter 67 6 52 222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance Calibration or Repair of Certain Equipment--Requirements MAY 2014 41 U S C chapter 67 7 52 222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements MAY 2014 41 U S C chapter 67 8 52 222-55 Minimum Wages Under Executive Order 13658 DEC 2015 9 52 226-6 Promoting Excess Food Donation to Nonprofit Organizations MAY 2014 42 U S C 1792 10 52 237-11 Accepting and Dispensing of $1 Coin Aug 2007 31 U S C 5112 p 1 d Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph d if this contract was awarded using other than sealed bid is in excess ofthe simplified acquisition threshold and does not contain the clause at 52 215-2 Audit and RecordsNegotiation 1 The Comptroller General of the United States or an authorized representative of the Comptroller General shall have access to and right to examine any of the Contractor s directly pertinent records involving transactions related to this contract 2 The Contractor shall make available at its offices at all reasonable times the records materials and other evidence for examination audit or reproduction until 3years after final payment under this contract or for any shorter period specified in FAR Subpart 4 7 Contractor Records Retention of the other clauses of this contract If this contract is completely or partially terminated the records relating to the work terminated shall be madeavailable for 3 years after any resulting final termination settlement Records relating to appeals underthe disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals litigation or claims are finally resolved 3 As used in this clause records include books documents accounting procedures and practices and other data regardless of type and regardless of form This does notrequire the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law e PAGE 66 OF 114 SB1341-17-RP-0007 1 Notwithstanding the requirements of the clauses in paragraphs a b c and d of this clause the Contractor is not required to flow down any FAR clause other than those in this paragraph e 1 in a subcontract for commercial items Unless otherwise indicated below the extent of the flow down shall be as required by the clause- i 52 203-13 Contractor Code of Business Ethics and Conduct Oct 2015 41 U S C 3509 ii 52 219-8 Utilization of Small Business Concerns OCT 2014 15 U S C 637 d 2 and 3 in all subcontracts that offer further subcontracting opportunities If the subcontract except subcontracts to small business concerns exceeds $700 000 $1 5 million for construction of any public facility the subcontractor must include 52 219-8 in lower tier subcontracts that offer subcontracting opportunities iii 52 222-17 Nondisplacement of Qualified Workers MAY 2014 E O 13495 Flow down required in accordance with paragraph l of FAR clause 52 222-17 iv 52 222-21 Prohibition of Segregated Facilities Apr 2015 v 52 222-26 Equal Opportunity Sept 2016 E O 11246 vi 52 222-35 Equal Opportunity for Veterans Oct 2015 38 U S C 4212 vii 52 222-36 Equal Opportunity for Workers with Disabilities Jul2014 29 U S C 793 viii 52 222-37 Employment Reports on Veterans Feb 2016 38 U S C 4212 ix 52 222-40 Notification of Employee Rights Under the National Labor Relations Act Dec 2010 E O 13496 Flow down required in accordance with paragraph f of FAR clause 52 222-40 x 52 222-41 Service Contract Labor Standards May 2014 41 U S C chapter 67 xi A 52 222-50 Combating Trafficking in Persons March 2 2015 22 U S C chapter 78 and E O 13627 B Alternate I March 2 2015 of 52 222-50 22 U S C chapter 78 and E O 13627 xii 52 222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance Calibration or Repair of Certain Equipment--Requirements May 2014 41 U S C chapter 67 xiii 52 222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements May 2014 41 U S C chapter 67 xiv 52 222-54 Employment Eligibility Verification Oct 2015 E O 12989 xv 52 222-55 Minimum Wages Under Executive Order 13658 DEC 2015 xvi 52 225-26 Contractors Performing Private Security Functions Outside the United States Jul 2013 Section 862 as amended of the National Defense Authorization Act for Fiscal Year 2008 10 U S C 2302 Note xvii 52 226-6 Promoting Excess Food Donation to Nonprofit Organizations May 2014 42 U S C 1792 Flow down required in accordance with paragraph e of FAR clause 52 226-6 xviii 52 247-64 Preference for Privately-Owned U S Flag Commercial Vessels Feb 2006 46 U S C Appx 1241 b and 10 U S C 2631 Flow down required in accordance with paragraph d of FAR clause 52 247-64 2 While not required the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractualobligations End of Clause I 47 52 216-18 ORDERING OCT 1995 a Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule Such orders may be issued from TBD through TBD b All delivery orders or task orders are subject to the terms and conditions of this contract In the event of conflict between a delivery order or task order and this contract the contract shall control c If mailed a delivery order or task order is considered issued when the Government deposits the order in the mail Orders may be issued orally by facsimile or by electronic commerce methods only if authorized in the Schedule End of Clause I 48 52 216-19 ORDER LIMITATIONS OCT 1995 PAGE 67 OF 114 SB1341-17-RP-0007 a Minimum order When the Government requires supplies or services covered by this contract in an amount of less than $1 00 the Government is not obligated to purchase nor is the Contractor obligated to furnish those supplies or services under the contract b Maximum order The Contractor is not obligated to honor- 1 Any order for a single item in excess of $20 000 000 00 2 Any order for a combination of items in excess of $30 000 000 00 or 3 A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph b 1 or 2 of this section c If this is a requirements contract i e includes the Requirements clause at subsection 52 216-21 of the Federal Acquisition Regulation FAR the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph b of this section d Notwithstanding paragraphs b and c of this section the Contractor shall honor any order exceeding the maximum order limitations in paragraph b unless that order or orders is returned to the ordering office within 7 days after issuance with written notice stating the Contractor s intent not to ship the item or items called for and the reasons Upon receiving this notice the Government may acquire the supplies or services from another source End of Clause I 49 52 216-22 INDEFINITE QUANTITY OCT 1995 a This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated in the Schedule The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract b Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause The Contractor shall furnish to the Government when and if ordered the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum c Except for any limitations on quantities in the Order Limitations clause or in the Schedule there is no limit on the number of orders that may be issued The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations d Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order The contract shall govern the Contractor s and Government s rights and obligations with respect to that order to the same extent as if the order were completed during the contract s effective period provided that the Contractor shall not be required to make any deliveries under this contract after TBD End of Clause I 50 52 217-8 OPTION TO EXTEND SERVICES NOV 1999 The Government may require continued performance of any services within the limits and at the rates specified in the contract These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor The option provision may be exercised more than once but the total extension of performance hereunder shall not exceed 6 months The Contracting Officer may exercise the option by written notice to the Contractor within 60 days prior to the expiration of the contract period End of Clause I 51 52 217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000 a The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days days before the contract expires The preliminary notice does not commit the Government to an extension PAGE 68 OF 114 SB1341-17-RP-0007 b If the Government exercises this option the extended contract shall be considered to include this option clause c The total duration of this contract including the exercise of any options under this clause shall not exceed 5 years End of Clause I 52 52 232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS AUG 2012 The Government will pay the Contractor as follows upon the submission of vouchers approved by the Contracting Officer or the authorized representative a Hourly rate 1 Hourly rate means the rate s prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are- i Performed by the Contractor ii Performed by the subcontractors or iii Transferred between divisions subsidiaries or affiliates of the Contractor under a common control 2 The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the Schedule by the number of direct labor hours performed 3 The hourly rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by employees that do not meet the qualifications specified in the contract unless specifically authorized by the Contracting Officer 4 The hourly rates shall include wages indirect costs general and administrative expense and profit Fractional parts of an hour shall be payable on a prorated basis 5 Vouchers may be submitted not more than once every two weeks to the Contracting Officer or authorized representative A small business concern may receive more frequent payments than every two weeks The Contractor shall substantiate vouchers including any subcontractor hours reimbursed at the hourly rate in the schedule by evidence of actual payment and by- i Individual daily job timekeeping records ii Records that verify the employees meet the qualifications for the labor categories specified in the contract or iii Other substantiation approved by the Contracting Officer 6 Promptly after receipt of each substantiated voucher the Government shall except as otherwise provided in this contract and subject to the terms of paragraph e of this clause pay the voucher as approved by the Contracting Officer or authorized representative 7 Unless otherwise prescribed in the Schedule the Contracting Officer may unilaterally issue a contract modification requiring the Contractor to withhold amounts from its billings until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government s interests The Contracting Officer may require a withhold of 5 percent of the amounts due under paragraph a of this clause but the total amount withheld for the contract shall not exceed $50 000 The amounts withheld shall be retained until the Contractor executes and delivers the release required by paragraph f of this clause 8 Unless the Schedule prescribes otherwise the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis If no overtime rates are provided in the Schedule and overtime work is approved in advance by the Contracting Officer overtime rates shall be negotiated Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract If the Schedule provides rates for overtime the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer b Materials 1 For the purposes of this clause- i Direct materials means those materials that enter directly into the end product or that are used or consumed directly in connection with the furnishing of the end product or service ii Materials means- A Direct materials including supplies transferred between divisions subsidiaries or affiliates of the Contractor under a common control B Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract C Other direct costs e g incidental services for which there is not a labor category specified in the contract travel computer usage charges etc and PAGE 69 OF 114 SB1341-17-RP-0007 D Applicable indirect costs 2 If the Contractor furnishes its own materials that meet the definition of a commercial item at 2 101 the price to be paid for such materials shall not exceed the Contractor s established catalog or market price adjusted to reflect the- i Quantities being acquired and ii Actual cost of any modifications necessary because of contract requirements 3 Except as provided for in paragraph b 2 of this clause the Government will reimburse the Contractor for allowable cost of materials provided the Contractor- i Has made payments for materials in accordance with the terms and conditions of the agreement or invoice or ii Ordinarily makes these payments within 30 days of the submission of the Contractor s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice 4 Payment for materials is subject to the Allowable Cost and Payment clause of this contract The Contracting Officer will determine allowable costs of materials in accordance with Subpart 31 2 of the Federal Acquisition Regulation FAR in effect on the date of this contract 5 The Contractor may include allocable indirect costs and other direct costs to the extent they are- i Comprised only of costs that are clearly excluded from the hourly rate ii Allocated in accordance with the Contractor s written or established accounting practices and iii Indirect costs are not applied to subcontracts that are paid at the hourly rates 6 To the extent able the Contractor shall- i Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials and ii Take all cash and trade discounts rebates allowances credits salvage commissions and other benefits When unable to take advantage of the benefits the Contractor shall promptly notify the Contracting Officer and give the reasons The Contractor shall give credit to the Government for cash and trade discounts rebates scrap commissions and other amounts that have accrued to the benefit of the Contractor or would have accrued except for the fault or neglect of the Contractor The Contractor shall not deduct from gross costs the benefits lost without fault or neglect on the part of the Contractor or lost through fault of the Government 7 Except as provided for in 31 205-26 e and f the Government will not pay profit or fee to the prime Contractor on materials c If the Contractor enters into any subcontract that requires consent under the clause at 52 244-2 Subcontracts without obtaining such consent the Government is not required to reimburse the Contractor for any costs incurred under the subcontract prior to the date the Contractor obtains the required consent Any reimbursement of subcontract costs incurred prior to the date the consent was obtained shall be at the sole discretion of the Government d Total cost It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days if added to all other payments and costs previously accrued will exceed 85 percent of the ceiling price in the Schedule the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation If at any time during performing this contract the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price the Contractor shall so notify the Contracting Officer giving a revised estimate of the total price for performing this contract with supporting reasons and documentation If at any time during performing this contract the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price the Contracting Officer will so advise the Contractor giving the then revised estimate of the total amount of effort to be required under the contract e Ceiling price The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract When and to the extent that the ceiling price set forth in the Schedule has been increased any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price f Audit At any time before final payment under this contract the Contracting Officer may request audit of the vouchers and supporting documentation Each payment previously made shall be subject to PAGE 70 OF 114 SB1341-17-RP-0007 reduction to the extent of amounts on preceding vouchers that are found by the Contracting Officer or authorized representative not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments Upon receipt and approval of the voucher designated by the Contractor as the completion voucher and supporting documentation and upon compliance by the Contractor with all terms of this contract including without limitation terms relating to patents and the terms of paragraph g of this clause the Government shall promptly pay any balance due the Contractor The completion voucher and supporting documentation shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract but in no event later than 120 days or such longer period as the Contracting Officer may approve in writing from the date of completion g Assignment and Release of Claims The Contractor and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract shall execute and deliver at the time of and as a condition precedent to final payment under this contract a release discharging the Government its officers agents and employees of and from all liabilities obligations and claims arising out of or under this contract subject only to the following exceptions 1 Specified claims in stated amounts or in estimated amounts if the amounts are not susceptible of exact statement by the Contractor 2 Claims together with reasonable incidental expenses based upon the liabilities of the Contractor to third parties arising out of performing this contract that are not known to the Contractor on the date of the execution of the release and of which the Contractor g ives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment whichever is earlier 3 Claims for reimbursement of costs other than expenses of the Contractor by reason of its indemnification of the Government against patent liability including reasonable incidental expenses incurred by the Contractor under the terms of this contract relating to patents h Interim payments on contracts for other than services 1 Interim payments made prior to the final payment under the contract are contract financing payments Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act 2 The designated payment office will make interim payments for contract financing on the day after the designated billing office receives a proper payment request In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract the designated payment office is not compelled to make payment by the specified due date i Interim payments on contracts for services For interim payments made prior to the final payment under this contract the Government will make payment in accordance with the Prompt Payment Act 31 U S C 3903 and prompt payment regulations at 5 CFR part 1315 End of Clause I 53 52 237-3 CONTINUITY OF SERVICES JAN 1991 a The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that upon contract expiration a successor either the Government or another contractor may continue them The Contractor agrees to- 1 Furnish phase-in training and 2 Exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor b The Contractor shall upon the Contracting Officer s written notice 1 furnish phase-in phase-out services for up to 90 days after this contract expires and 2 negotiate in good faith a plan with a successor to determine the nature and extent of phasein phase-out services required The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan and shall be subject to the Contracting Officer s approval The Contractor shall provide sufficient experienced personnel during the phase-in phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency c The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site PAGE 71 OF 114 SB1341-17-RP-0007 interviews with these employees If selected employees are agreeable to the change the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor d The Contractor shall be reimbursed for all reasonable phase-in phase-out costs i e costs incurred within the agreed period after contract expiration that result from phase-in phase-out operations and a fee profit not to exceed a pro rata portion of the fee profit under this contract End of Clause I 54 52 252-2 CLAUSES INCORPORATED BY REFERENCE FEB 1998 This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available Also the full text of a clause may be accessed electronically at this these address es End of Clause I 55 52 252-6 AUTHORIZED DEVIATIONS IN CLAUSES APR 1984 a The use in this solicitation or contract of any Federal Acquisition Regulation 48 CFR Chapter 1 clause with an authorized deviation is indicated by the addition of DEVIATION after the date of the clause b The use in this solicitation or contract of any 48 CFR clause with an authorized deviation is indicated by the addition of DEVIATION after the name of the regulation End of Clause PAGE 72 OF 114 SB1341-17-RP-0007 SECTION LIST OF ATTACHMENTS 1 LIST OF ATTACHMENTS PAGE 73 OF 114 SB1341-17-RP-0007 LIST OF ATTACHMENTS 1 Format for Submitting Questions regarding RFP SB1341-17-RP-0007 2 Past Performance Questionnaire 3 Required Labor Categories 4 Task Order #1 Performance Work Statement - National Vulnerability Database Analysis Support 5 Task Order #2 Performance Work Statement - Computer Security Resource Center and National Vulnerability Database Development Support 6 Task Order #3 Performance Work Statement – Support to Validation Programs NOTE All personnel for Task Order #3 must be full U S citizens All personnel for this Task Order will be required to sign a NonDisclosure Agreement concerning the work performed in support of this Task Order 7 Task Order #4 Performance Work Statement - Variable Subject Matter Expert SME Support 8 Task Order #5 Performance Work Statement - Technical Analysis and Document Development in Support of the National Strategy for Trusted Identities in Cyberspace 9 Task Order #6 Performance Work Statement - NIST Special Publication SP 800-118 Support 10 Task Order #7 Performance Work Statement - Research related to Internet of Things IoTs Architecture and Cybersecurity Risk Management Framework 11 Task Order #8 Performance Work Statement - Program and Technical Services to Support the National Initiative for Cybersecurity Education NICE Effort PAGE 74 OF 114 SB1341-17-RP-0007 SECTION K REPRESENTATIONS CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS K 1 52 203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS SEP 2007 Reference 52 203-11 K 2 52 204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS APR 2016 a 1 The North American Industry Classification System NAICS code for this acquisition is 2 The small business size standard is 3 The small business size standard for a concern which submits an offerin its own name other than on a construction or service contract but whichproposes 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 is not included in this solicitation and the offeror is currently registered inthe System for Award Management and has completed the Representations and Certifications section of SAM electronic ally the offeror may choose to use paragraph d of this provisioninstead 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 _ i Paragraph d applies _ ii Paragraph d does not apply and the offeror hascompleted the individual representations andcertifications in the solicitation c 1 The following representations or certifications inSAM 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 52 204-3 Taxpayer Identification This provision applies to solicitations that do not include the provision at 52 204-7 System for Award Management iv 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 v 52 209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation vi 52 209-5 Certification Regarding Responsibility Matters This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold vii 52 209-11 Representation by Corporations Regarding Delinquent PAGE 75 OF 114 SB1341-17-RP-0007 Tax Liability or a Felony Conviction under any Federal Law This provision applies to all solicitations viii 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 vix 52 215-6 Place of Performance This provision applies to solicitations unless the place of performance is specified by the Government x 52 219-1 Small Business Program Representations Basic Alternate I This provision applies to solicitations when the contract will be performed in the United States or its outlying areas A The basic provision applies when the solicitations are issued by other than DoD NASA and the Coast Guard B The provision with its Alternate I applies to solicitations issued by DoD NASA or the Coast Guard xi 52 219-2 Equal Low Bids This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas xii 52 222-22 Previous Contracts and Compliance Reports This provision applies to solicitations that include the clause at 52 222-26 Equal Opportunity xiii 52 222-25 Affirmative Action Compliance This provision applies to solicitations other than those for construction when the solicitation includes the clause at 52 222-26 Equal Opportunity xiv 52 222-38 Compliance with Veterans Employment Reporting Requirements This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items xv 52 223-1 Biobased Product Certification This provision applies to solicitations that require the delivery or specify the use of USDA-designated items or include the clause at 52 223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts xvi 52 223-4 Recovered Material Certification This provision applies to solicitations that are for or specify the use of EPAdesignated items xvii 52 225-2 Buy American Certificate This provision applies to solicitations containing the clause at 52 225-1 xviii 52 225-4 Buy American--Free Trade Agreements--Israeli Trade Act Certificate Basic Alternates I II and III This provision applies to solicitations containing the clause at 52 225-3 A If the acquisition value is less than $25 000 the basic provision applies B If the acquisition value is $25 000 or more but is less than $50 000 the provision with its Alternate I applies C If the acquisition value is $50 000 or more but is less than $77 533 the provision with its Alternate II applies D If the acquisition value is $77 533 or more but is less than $100 000 the provision with its Alternate III applies xvix 52 225-6 Trade Agreements Certificate This provision applies to solicitations containing the clause at 52 225-5 xx 52 225-20 Prohibition on Conducting Restricted Business Operations in Sudan-Certification This provision applies to all solicitations xxi 52 225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran--Representation and Certifications This provision applies to all solicitations xxii 52 226-2 Historically Black College or University and Minority Institution Representation This provision applies to solicitations for research studies supplies or services of the type normally acquired from higher educational institutions A Solicitations for research studies supplies or services of the type normally acquired from higher educational institutions and PAGE 76 OF 114 SB1341-17-RP-0007 B For DoD NASA and Coast Guard acquisitions solicitations that contain the clause at 52 219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns 2 The following representations or certifications are applicable as indicated by the Contracting Officer i 52 204-17 Ownership or Control of Offeror ii 52 204-20 Predecessor of Offeror iii 52 222-18 Certification Regarding Knowledge of Child Labor for Listed End Products iv 52 222-48 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance Calibration or Repair of Certain Equipment--Certification v 52 222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification vi 52 223-9 with its Alternate I Estimate of Percentage of Recovered Material Content for EPA-Designated Products Alternate I only vii 52 227-6 Royalty Information A Basic B Alternate I viii 52 227-15 Representation of Limited Rights Data and Restricted Computer Software d The offeror has completed the annual representations and certifications electronically via the SAM Web site accessed through https www acquisition gov After reviewing the SAM database information the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph c of this provision have been entered or updated within the last 12 months are current accurate complete and applicable to this solicitation including the business size standard applicable to the NAICS code referenced for this solicitation as of the date of this offer and are incorporated in this offer by reference see FAR 4 1201 except for the changes identified below offeror to insertchanges identifying change by clause number title date These amended representation s and or certification s are also incorporated in this offer and are current accurate and complete as of the date of this offer __________________________________________________________ FAR Clause Title Date Change # _____________________ _____________ ________ _____________ _________________ _________ ______ ___________ _____________________ _____________ ________ _____________ Any changes provided by the offeror are applicable to this solicitation only and do not result in an update to the representations and certifications posted on SAM End of Provision K 3 52 209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS OCT 2015 a 1 The Offeror certifies to the best of its knowledge and belief that- i The Offeror and or any of its Principals- A Are _ are not _ presently debarred suspended proposed for debarment or declared ineligible for the award of contracts by any Federal agency B Have _ have not _ within a three-year period preceding this offer been convicted of or had a civil judgment rendered against them for commissionof fraud or a criminal offense in connection with obtaining attempting to obtain or performing apublic Federal State or local contract or subcontract violation of Federal or State antitruststatutes relating to the submission PAGE 77 OF 114 SB1341-17-RP-0007 of offers or commission of embezzlement theft forgery bribery falsification or destruction of records making falsestatements tax evasion violating Federal criminal tax laws or receiving stolen property if offeror checks have the offeror shall also see 52 209-7 if included in this solicitation C Are _ are not _ presently indicted for or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in paragraph a 1 i B of thisprovision D Have _ have not _ within a three-year period preceding this offer been notified of any delinquent Federal taxes in an amount that exceeds $3 500 for which the liability remains unsatisfied 1 Federal taxes are considered delinquent if both of the following criteria apply i The tax liability is finally determined The liability is finally determined if it has been assessed A liability is not finally determined if there is a pending administrative or judicial challenge In the case of a judicial challenge to the liability the liability is not finally determined until all judicial appeal rights have been exhausted ii The taxpayer is delinquent in making payment A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required A taxpayer is not delinquent in cases where enforced collection action is precluded 2 Examples i The taxpayer has received a statutory notice of deficiency under I R C ¡ì 6212 which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency This is not a delinquent tax because it is not a final tax liability Should the taxpayer seek Tax Court review this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights ii The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability and the taxpayer has been issued a notice under I R C ¡ì 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing and to further appeal to the Tax Court if the IRS determines to sustain the lien filing In the course of the hearing the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability This is not a delinquent tax because it is not a final tax liability Should the taxpayer seek tax court review this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights iii The taxpayer has entered into an installment agreement pursuant to I R C ¡ì 6159 The taxpayer is making timely payments and is in full compliance with the agreement terms The taxpayer is not delinquent because the taxpayer is not currently required to make full payment iv The taxpayer has filed for bankruptcy protection The taxpayer is not delinquent because enforced collection action is stayed under 11 U S C 362 the Bankruptcy Code ii The Offeror has _ has not _ within a three-year period preceding this offer had one or more contracts terminated for default by any Federal agency 2 Principal for the purposes of this certification means an officer director owner partner or a person having primary management or supervisory responsibilities within a business entity e g general manager plant manager head of a division or business segment and similar positions This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False Fictitious or Fraudulent Certification May Render the Maker Subject to ProsecutionUnder Section 1001 Title 18 United States Code b The Offeror shall provide immediate written notice to the Contracting Officer if at any time prior to contract award the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances c A certification that any of the items in paragraph a of this provision exists will not necessarily result in withholding of an award under this solicitation However the certification will be considered in connection with a determination of the Offeror s responsibility Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible d Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by paragraph a of this provision The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings e The certification in paragraph a of this provision is a material representation of fact upon which reliance was placed when making award If it is later determined that the Offeror knowingly rendered an erroneous certification in addition to other remedies available to the Government the Contracting Officer may terminate the contract resulting from this solicitation for default End of Provision PAGE 78 OF 114 SB1341-17-RP-0007 K 4 52 209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS JULY 2013 Reference 52 209-7 K 5 52 212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS JUL 2016 The offeror shall complete only paragraphs b of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management SAM Web site located at https www sam gov portal If the Offeror has not completed the annual representations and certifications electronically the Offeror shall complete only paragraphs c through r of this provision a Definitions As used in this provision- Economically disadvantaged women-owned small business EDWOSB concern means a small business concern that is at least 51 percent directly and unconditionally owned by and the management and daily business operations of which are controlled by one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127 It automatically qualifies as a women-owned small business eligible under the WOSB Program Forced or indentured child labor means all work or service 1 Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily or 2 Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties Highest-level owner means the entity that owns or controls an immediate owner of the offeror or that owns or controls one or more entities that control an immediate owner of the offeror No entity owns or exercises control of the highest level owner Immediate owner means an entity other than the offeror that has direct control of the offeror Indicators of control include but are not limited to one or more of the following Ownership or interlocking management identity of interests among family members shared facilities and equipment and the common use of employees Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U S C 395 b applied in accordance with the rules and definitions of 6 U S C 395 c Manufactured end product means any end product in product and service codes PSCs 1000-9999 except 1 PSC 5510 Lumber and Related Basic Wood Materials 2 Product or Service Group PSG 87 Agricultural Supplies 3 PSG 88 Live Animals 4 PSG 89 Subsistence 5 PSC 9410 Crude Grades of Plant Materials 6 PSC 9430 Miscellaneous Crude Animal Products Inedible 7 PSC 9440 Miscellaneous Crude Agricultural and Forestry Products 8 PSC 9610 Ores 9 PSC 9620 Minerals Natural and Synthetic and 10 PSC 9630 Additive Metal Materials Place of manufacture means the place where an end product is assembled out of components or otherwise made or processed from raw materials into the finished product that is to be provided to the Government If a product is disassembled and reassembled the place of reassembly is not the place of manufacture Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor Restricted business operations means business operations in Sudan that include power production activities mineral extraction activities oil-related activities or the production of military equipment as those terms are defined in the Sudan Accountability and Divestment Act of 2007 Pub L 110-174 Restricted business operations do not include business operations that the person as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007 conducting the business can demonstrate 1 Are conducted under contract directly and exclusively with the regional government of southern Sudan 2 Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury or are expressly exempted under Federal law from the requirement to be conducted under such authorization 3 Consist of providing goods or services to marginalized populations of Sudan PAGE 79 OF 114 SB1341-17-RP-0007 4 Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization 5 Consist of providing goods or services that are used only to promote health or education or 6 Have been voluntarily suspended Sensitive technology 1 Means hardware software telecommunications equipment or any other technology that is to be used specifically i To restrict the free flow of unbiased information in Iran or ii To disrupt monitor or otherwise restrict speech of the people of Iran and 2 Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203 b 3 of the International Emergency Economic Powers Act 50 U S C 1702 b 3 Service-disabled veteran-owned small business concern 1 Means a small business concern i Not less than 51 percent of which is owned by one or more service-disabled veterans or in the case of any publicly owned business not less than 51 percent of the stock of which is owned by one or more service-disabled veterans and ii The management and daily business operations of which are controlled by one or more service-disabled veterans or in the case of a service-disabled veteran with permanent and severe disability the spouse or permanent caregiver of such veteran 2 Service-disabled veteran means a veteran as defined in 38 U S C 101 2 with a disability that is service-connected as defined in 38 U S C 101 16 Small business concern means a concern including its affiliates that is independently owned and operated not dominant in the field of operation in which it is bidding on Government contracts and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation Small disadvantaged business concern consistent with 13 CFR 124 1002 means a small business concern under the size standard applicable to the acquisition that- 1 Is at least 51 percent unconditionally and directly owned as defined at 13 CFR 124 105 by- i One or more socially disadvantaged as defined at 13 CFR 124 103 and economically disadvantaged as defined at 13 CFR 124 104 individuals who are citizens of the United States and ii Each individual claiming economic disadvantage has a net worth not exceeding $750 000 after taking into account the applicable exclusions set forth at 13 CFR 124 104 c 2 and 2 The management and daily business operations of which are controlled as defined at 13 CFR 124 106 by individuals who meet the criteria in paragraphs 1 i and ii of this definition Subsidiary means an entity in which more than 50 percent of the entity is owned 1 Directly by a parent corporation or 2 Through another subsidiary of a parent corporation Successor mean an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name often through acquisition or merger The term successor does not include new offices divisions of the same company or a company that only changes its name The extent of the responsibility of the successor for the liabilities of the predecessor may vary depending on State law and specific circumstances Veteran-owned small business concern means a small business concern 1 Not less than 51 percent of which is owned by one or more veterans as defined at 38 U S C 101 2 or in the case of any publicly owned business not less than 51 percent of the stock of which is owned by one or more veterans and 2 The management and daily business operations of which are controlled by one or more veterans Women-owned business concern means a concern which is at least 51 percent owned by one or more women or in the case of any publicly owned business at least 51 percent of the its stock is owned by one or more women and whose management and daily business operations are controlled by one or more women Women-owned small business concern means a small business concern - 1 That is at least 51 percent owned by one or more women or in the case of any publicly owned business at least 51 percent of the stock of which is owned by one or more women and 2 Whose management and daily business operations are controlled by one or more women Women-owned small business WOSB concern eligible under the WOSB Program in accordance with 13 CFR part 127 means a small business concern that is at least 51 percent directly and unconditionally owned by and the management and daily business operations of which are controlled by one or more women who are citizens of the United States b 1 Annual Representations and Certifications Any changes provided by the offeror in paragraph b 2 of this provision do not automatically change the representations and certifications posted on the SAMwebsite 2 The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https www acquisition gov After reviewing the SAM PAGE 80 OF 114 SB1341-17-RP-0007 database information the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52 212-3 Offeror Representations and Certifications-Commercial Items have been entered or updated in the last 12 months are current accurate complete and applicable to this solicitation including the business size standard applicable to the NAICS code referenced for this solicitation as of the date of this offer and are incorporated in this offer by reference see FAR 4 1201 except for paragraphs ____________ Offeror to identify the applicable paragraphs at c through r of this provision that the offeror has completed for the purposes of this solicitation only if any These amended representation s and or certification s are also incorporated in this offer and are current accurate and complete as of the date of this offer Any changes provided by the offeror are applicable to this solicitation only and do not result in an update to the representations and certifications posted electronically on SAM c Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas Check all that apply 1 Small business concern The offeror represents as part of its offer that it _ is _ is not a small business concern 2 Veteran-owned small business concern Complete only if the offeror represented itself as a small business concern in paragraph c 1 of this provision The offeror represents as part of its offer that it _ is _ is not a veteran-owned small business concern 3 Service-disabled veteran-owned small business concern Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph c 2 of this provision The offeror represents as part of its offer that it _ is _ is not a servicedisabled veteran-owned small business concern 4 Small disadvantaged business concern Complete only if the offeror represented itself as a small business concern in paragraph c 1 of this provision The offeror represents that it _ is _ is not a small disadvantaged business concern as defined in 13 CFR 124 1002 5 Women-owned small business concern Complete only if the offeror represented itself as a small business concern in paragraph c 1 of this provision The offeror represents that it _ is _ is not a women-owned small business concern Note Complete paragraphs c 8 and c 9 only if this solicitation is expected to exceed the simplified acquisition threshold 6 WOSB concern eligible under the WOSB Program Complete only if the offeror represented itself as a women-owned small business concern in paragraph c 5 of this provision The offeror represents that i It _ is _ is not a WOSB concern eligible under the WOSB Program has provided all the required documents to the WOSB Repository and no change in circumstances or adverse decisions have been issued that affects its eligibility and ii It _ is _ is not a joint venture that complies with the requirements of 13 CFR part 127 and the representation in paragraph c 6 i of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture _________ Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation 7 Economically disadvantaged women-owned small business EDWOSB concern Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in c 6 of this provision The offeror represents that i It _ is _ is not an EDWOSB concern has provided all the required documents to the WOSB Repository and no change in circumstances or adverse decisions have been issued that affects its eligibility and ii It _ is _ is not a joint venture that complies with the requirements of 13 CFR part 127 and the representation in paragraph c 7 i of this provision is accurate for each EDWOSB concern participating in the joint venture The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture _____________ Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation 8 Women-owned business concern other than small business concern Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph c 1 of this provision The offeror represents that it _ is a women-owned business concern 9 Tie bid priority for labor surplus area concerns If this is an invitation for bid small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production by offeror or first-tier subcontractors amount to more than 50 percent of the contract price ___________________________________________ PAGE 81 OF 114 SB1341-17-RP-0007 10 HUBZone small business concern Complete only if the offeror represented itself as a small business concern in paragraph c 1 of this provision The offeror represents as part of its offer that- i It _ is _ is not a HUBZone small business concern listed on the date of this representation on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration and no material changes in ownership and control principal office or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126 and ii It _ is _ is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126 and the representation in paragraph c 10 i of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture __________ Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation d Representations required to implement provisions of Executive Order 11246 - 1 Previous contracts and compliance The offeror represents that - i It _ has _ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation and ii It _ has _ has not filed all required compliance reports 2 Affirmative Action Compliance The offeror represents that - i It _ has developed and has on file _ has not developed and does not have on file at each establishment affirmative action programs required by rules and regulations of the Secretary of Labor 41 CFR parts 60-1 and 60-2 or ii It _ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor e Certification Regarding Payments to Influence Federal Transactions 31 U S C 1352 Applies only if the contract is expected to exceed $150 000 By submission of its offer the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency a Member of Congress an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract the offeror shall complete and submit with its offer OMB Standard Form LLL Disclosure of Lobbying Activities to provide the name of the registrants The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made f Buy American Certificate Applies only if the clause at Federal Acquisition Regulation FAR 52 225-1 Buy American – Supplies is included in this solicitation 1 The offeror certifies that each end product except those listed in paragraph f 2 of this provision is a domestic end product and that for other than COTS items the offeror has considered components of unknown origin to have been mined produced or manufactured outside the United States The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products i e an end product that is not a COTS item and does not meet the component test in paragraph 2 of the definition of domestic end product The terms commercially available off-the-shelf COTS item component domestic end product end product foreign end product and United States are defined in the clause of this solicitation entitled Buy American-Supplies 2 Foreign End Products Line Item No Country of Origin _____________ _________________ _____________ _________________ _____________ _________________ List as necessary 3 The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 g 1 Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate Applies only if the clause at FAR 52 225-3 Buy American -- Free Trade Agreements -- Israeli Trade Act is included in this solicitation i The offeror certifies that each end product except those listed in paragraph g 1 ii or g 1 iii of this provision is a domestic end product and that for other than COTS items the offeror has considered components of unknown origin to have been mined produced or manufactured outside the United States The terms Bahrainian Moroccan Omani Panamanian or Peruvian end product commercially available off-the-shelf COTS item component domestic end product end product foreign end product Free Trade Agreement country Free Trade PAGE 82 OF 114 SB1341-17-RP-0007 Agreement country end product Israeli end product and United States are defined in the clause of this solicitation entitled Buy American--Free Trade Agreements--Israeli Trade Act ii The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian Moroccan Omani Panamanian or Peruvian end products or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade AgreementsIsraeli Trade Act Free Trade Agreement Country End Products Other than Bahrainian Moroccan Omani Panamanian or Peruvian End Products or Israeli End Products Line Item No Country of Origin _____________ _________________ _____________ _________________ _____________ _________________ List as necessary iii The offeror shall list those supplies that are foreign end products other than those listed in paragraph g 1 ii or this provision as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products i e an end product that is not a COTS item and does not meet the component test in paragraph 2 of the definition of domestic end product Other Foreign End Products Line Item No Country of Origin _____________ _________________ _____________ _________________ _____________ _________________ List as necessary iv The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 2 Buy American-Free Trade Agreements-Israeli Trade Act Certificate Alternate I If Alternate I to the clause at FAR 52 225-3 is included in this solicitation substitute the following paragraph g 1 ii for paragraph g 1 ii of the basic provision g 1 ii The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act Canadian End Products Line Item No _____________ _____________ _____________ List as necessary 3 Buy American-Free Trade Agreements-Israeli Trade Act Certificate Alternate II If Alternate II to the clause at FAR 52 225-3 is included in this solicitation substitute the following paragraph g 1 ii for paragraph g 1 ii of the basic provision g 1 ii The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled Buy American--Free Trade Agreements--Israeli Trade Act Canadian or Israeli End Products Line Item No Country of Origin _____________ _________________ _____________ _________________ _____________ _________________ List as necessary 4 Buy American-Free Trade Agreements-Israeli Trade Act Certificate Alternate III If Alternate III to the clause at 52 225-3 is included in this solicitation substitute the following paragraph g 1 ii for paragraph g 1 ii of the basic provision g 1 ii The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian Korean Moroccan Omani Panamanian or Peruvian end products or Israeli end products as defined in the clause of this solicitation entitled Buy American-Free Trade Agreements-Israeli Trade Act Free Trade Agreement Country End Products Other than Bahrainian Korean Moroccan Omani Panamanian or Peruvian End Products or Israeli End Products Line Item No Country of Origin _____________ _________________ _____________ _________________ _____________ _________________ List as necessary 5 Trade Agreements Certificate Applies only if the clause at FAR 52 225-5 Trade Agreements is included in this solicitation PAGE 83 OF 114 SB1341-17-RP-0007 i The offeror certifies that each end product except those listed in paragraph g 5 ii of this provision is a U S -made or designated country end product as defined in the clause of this solicitation entitled Trade Agreements ii The offeror shall list as other end products those end products that are not U S -made or designated country end products Other End Products Line item No Country of origin ___________ ___________ ___________ ___________ ___________ ___________ List as necessary iii The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25 For line items covered by the WTO GPA the Government will evaluate offers of U S -made or designated country end products without regard to the restrictions of the Buy American statute The Government will consider for award only offers of U S -made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation h Certification Regarding Responsibility Matters Executive Order 12689 Applies only if the contract value is expected to exceed the simplified acquisition threshold The offeror certifies to the best of its knowledge and belief that the offeror and or any of its principals- 1 _ Are _ are not presently debarred suspended proposed for debarment or declared ineligible for the award of contracts by any Federal agency 2 _ Have _ have not within a three-year period preceding this offer been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining attempting to obtain or performing a Federal state or local government contract or subcontract violation of Federal or state antitrust statutes relating to the submission of offers or commission of embezzlement theft forgery bribery falsification or destruction of records making false statements tax evasion violating Federal criminal tax laws or receiving stolen property and 3 _ Are _ are not presently indicted for or otherwise criminally or civilly charged by a Government entity with commission of any of these offenses enumerated in paragraph h 2 of this clause and 4 _ Have _ have not within a three-year period preceding this offer been notified of any delinquent Federal taxes in an amount that exceeds $3 500 for which the liability remains unsatisfied i Taxes are considered delinquent if both of the following criteria apply A The tax liability is finally determined The liability is finally determined if it has been assessed A liability is not finally determined if there is a pending administrative or judicial challenge In the case of a judicial challenge to the liability the liability is not finally determined until all judicial appeal rights have been exhausted B The taxpayer is delinquent in making payment A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required A taxpayer is not delinquent in cases where enforced collection action is precluded ii Examples A The taxpayer has received a statutory notice of deficiency under I R C §6212 which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency This is not a delinquent tax because it is not a final tax liability Should the taxpayer seek Tax Court review this will not be a final tax liability until the taxpayer has exercised all judicial appear rights B The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability and the taxpayer has been issued a notice under I R C §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing and to further appeal to the Tax Court if the IRS determines to sustain the lien filing In the course of the hearing the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability This is not a delinquent tax because it is not a final tax liability Should the taxpayer seek tax court review this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights C The taxpayer has entered into an installment agreement pursuant to I R C §6159 The taxpayer is making timely payments and is in full compliance with the agreement terms The taxpayer is not delinquent because the taxpayer is not currently required to make full payment D The taxpayer has filed for bankruptcy protection The taxpayer is not delinquent because enforced collection action is stayed under 11 U S C §362 the Bankruptcy Code i Certification Regarding Knowledge of Child Labor for Listed End Products Executive Order 13126 The Contracting Officer must list in paragraph i 1 any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor unless excluded at 22 1503 b 1 Listed End Product Line item No Listed Countries of Origin PAGE 84 OF 114 SB1341-17-RP-0007 ___________ ___________ ___________ ___________ ___________ ___________ List as necessary 2 Certification If the Contracting Officer has identified end products and countries of origin in paragraph i 1 of this provision then the offeror must certify to either i 2 i or i 2 ii by checking the appropriate block _ i The offeror will not supply any end product listed in paragraph i 1 of this provision that was mined produced or manufactured in the corresponding country as listed for that product _ ii The offeror may supply an end product listed in paragraph i 1 of this provision that was mined produced or manufactured in the corresponding country as listed for that product The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine produce or manufacture any such end product furnished under this contract On the basis of those efforts the offeror certifies that it is not aware of any such use of child labor j Place of manufacture Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products For statistical purposes only the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly 1 _ In the United States Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States or 2 _ Outside the United States k Certificates regarding exemptions from the application of the Service Contract Labor Standards Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services The contracting officer is to check a box to indicate if paragraph k 1 or k 2 applies 1 _ Maintenance calibration or repair of certain equipment as described in FAR 22 1003-4 c 1 The offeror _ does _ does not certify that i The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror or subcontractor in the case of an exempt subcontract in substantial quantities to the general public in the course of normal business operations ii The services will be furnished at prices which are or are based on established catalog or market prices see FAR 22 1003-4 c 2 ii for the maintenance calibration or repair of such equipment and iii The compensation wage and fringe benefits plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers 2 _ Certain services as described in FAR 22 1003-4 d 1 The offeror _ does _ does not certify that i The services under the contract are offered and sold regularly to non-Governmental customers and are provided by the offeror or subcontractor in the case of an exempt subcontract to the general public in substantial quantities in the course of normal business operations ii The contract services will be furnished at prices that are or are based on established catalog or market prices see FAR 22 1003-4 d 2 iii iii Each service employee who will perform the services under the contract will spend only a small portion of his or her time a monthly average of less than 20 percent of the available hours on an annualized basis or less than 20 percent of available hours during the contract period if the contract period is less than a month servicing the Government contract and iv The compensation wage and fringe benefits plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers 3 If paragraph k 1 or k 2 of this clause applies i If the offeror does not certify to the conditions in paragraph k 1 or k 2 and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation the offeror shall notify the Contracting Officer as soon as possible and ii The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph k 1 or k 2 of this clause or to contact the Contracting Officer as required in paragraph k 3 i of this clause l Taxpayer identification number TIN 26 U S C 6109 31 U S C 7701 Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award 1 All offerors must submit the information required in paragraphs l 3 through l 5 of this provision to comply with debt collection requirements of 31 U S C 7701 c and 3325 d reporting requirements of 26 U S C 6041 6041A and 6050M and implementing regulations issued by the Internal Revenue Service IRS PAGE 85 OF 114 SB1341-17-RP-0007 2 The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror s relationship with the Government 31 U S C 7701 c 3 If the resulting contract is subject to the payment reporting requirements described in FAR 4 904 the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror s TIN 3 Taxpayer Identification Number TIN _ TIN _____________________ _ TIN has been applied for _ TIN is not required because _ Offeror is a nonresident alien foreign corporation or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States _ Offeror is an agency or instrumentality of a foreign government _ Offeror is an agency or instrumentality of the Federal Government 4 Type of organization _ Sole proprietorship _ Partnership _ Corporate entity not tax-exempt _ Corporate entity tax-exempt _ Government entity Federal State or local _ Foreign government _ International organization per 26 CFR 1 6049-4 _ Other ____________________ 5 Common parent _ Offeror is not owned or controlled by a common parent _ Name and TIN of common parent Name ____________________________________ TIN ______________________________________ m Restricted business operations in Sudan By submission of its offer the offeror certifies that the offeror does not conduct any restricted business operations in Sudan n Prohibition on Contracting with Inverted Domestic Corporations 1 Government agencies are not permitted to use appropriated or otherwise made available funds for contracts with either an inverted domestic corporation or a subsidiary of an inverted domestic corporation unless the exception at 9 108-2 b applies or the requirement is waived in accordance with the procedures at 9 108-4 2 Representation The Offeror represents that- i It is is not an inverted domestic corporation and ii It is is not a subsidiary of an inverted domestic corporation o Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran 1 The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state gov 2 Representation and Certification Unless a waiver is granted or an exception applies as provided in paragraph o 3 of this provision by submission of its offer the offeror i Represents to the best of its knowledge and belief that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by or acting on behalf or at the direction of the government of Iran ii Certifies that the offeror or any person owned or controlled by the offeror does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act and iii Certifies that the offeror and any person owned or controlled by the offeror does not knowingly engage in any transaction that exceeds $3 500 with Iran s Revolutionary Guard Corps or any of its officials agents or affiliates the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act 50 U S C 1701 et seq see OFAC s Specially Designated Nationals and Blocked Persons List at http www treasury gov ofac downloads t11sdn pdf 3 The representation and certification requirements of paragraph o 2 of this provision do not apply if i This solicitation includes a trade agreements certification e g 52 212-3 g or a comparable agency provision and ii The offeror has certified that all the offered products to be supplied are designated country end products p Ownership or Control of Offeror Applies in all solicitations when here is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation 1 The Offeror represents that it has or does not have an immediate owner If the Offeror has more than one immediate owner such s a joint venture then the Offeror shall respond to paragraph 2 and if applicable paragraph 3 of this provision for each participant in the joint venture PAGE 86 OF 114 SB1341-17-RP-0007 2 If the Offeror indicates has in paragraph p 1 of this provision enter the following information Immediate owner CAGE code _____________________________________________ Immediate owner legal name ______________________________________________ Do not use a doing business as name Is the immediate owner owned or controlled by another entity Yes or No 3 If the Offeror indicates yes in paragraph p 2 of this provision indicating that the immediate owner is owned or controlled by another entity then enter the following information Highest level owner CAGE code _____________________________________________ Highest level owner legal name ______________________________________________ Do not use a doing business as name q Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 1 As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act 2015 Pub L 113-235 and similar provisions if contained in subsequent appropriations acts the Government will not enter into a contract ith any corporation that— i Has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability where the awarding agency is aware of the unpaid tax liability unless and agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government or ii Was convicted of a felony criminal violation under any Federal law within the preceding 24 months where the awarding agency is aware of the conviction unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government 2 The Offeror represents that- i It is is not a corporation that has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability and ii It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding24 months r Predecessor of Offeror Applies in all solicitations that include the provision at 52 204-16 Commercial and Government Entity Code Reporting 1 The Offeror represents that it is or is not a successor to a predecessor that held a Federal contract or grant within the last three years 2 If the Offeror has indicated is in paragraph r 1 of this provision enter the following information for all predecessors that held a Federal contract or grant within the last three years if more than one predecessor list in reverse chronological order Predecessor CAGE code ____ or mark Unknown Predecessor legal name ____ Do not use a doing business as name End of provision K 6 52 219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS OCT 2014 a Definitions As used in this provision-Economically disadvantaged women-owned small business EDWOSB concern means a small business concern that is at least 51 percent directly and unconditionally owned by and the management and daily business operations of which are controlled by one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127 It automatically qualifies as a women-owned small business concern eligible under the WOSB Program Service-disabled veteran-owned small business concern- 1 Means a small business concern- i Not less than 51 percent of which is owned by one or more service-disabled veterans or in the case of any publicly owned business not less than 51 percent of the stock of which is owned by one or more service-disabled veterans and PAGE 87 OF 114 SB1341-17-RP-0007 ii The management and daily business operations of which are controlled by one or more servicedisabled veterans or in the case of a service-disabled veteran with permanent and severe disability the spouse or permanent caregiver of such veteran 2 Service-disabled veteran means a veteran as defined in 38 U S C 101 2 with a disability that is service-connected as defined in 38 U S C 101 16 Small business concern means a concern including its affiliates that is independently owned and operated not dominant in the field of operation in which it is bidding on Government contracts and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph b of this provision Small disadvantaged business concern consistent with 13 CFR 124 1002 means a small business concern under the size standard applicable to the acquisition that- 1 Is at least 51 percent unconditionally and directly owned as defined at 13 CFR 124 105 by- i One or more socially disadvantaged as defined at 13 CFR 124 103 and economically disadvantaged as defined at 13 CFR 124 104 individuals who are citizens of the United States and ii Each individual claiming economic disadvantage has a net worth not exceeding $750 000 after taking into account the applicable exclusions set forth at 13 CFR 124 104 c 2 and 2 The management and daily business operations of which are controlled as defined at 13 CFR 124 106 by individuals who meet the criteria in paragraphs 1 i and ii of this definition Veteran-owned small business concern means a small business concern- 1 Not less than 51 percent of which is owned by one or more veterans as defined at 38 U S C 101 2 or in the case of any publicly owned business not less than 51 percent of the stock of which is owned by one or more veterans and 2 The management and daily business operations of which are controlled by one or more veterans Women-owned small business concern means a small business concern- 1 That is at least 51 percent owned by one or more women or in the case of any publicly owned business at least 51 percent of the stock of which is owned by one or more women and 2 Whose management and daily business operations are controlled by one or more women Women-owned small business WOSB concern eligible under the WOSB Program in accordance with 13 CFR part 127 means a small business concern that is at least 51 percent directly and unconditionally owned by and the management and daily business operations of which are controlled by one or more women who are citizens of the United States b 1 The North American Industry Classification System NAICS code for this acquisition is NAICS code 2 The small business size standard is size standard 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 c Representations 1 The offeror represents as part of its offer that it is is not a small business concern 2 Complete only if the offeror represented itself as a small business concern in paragraph c 1 of this provision The offeror represents that it is is not a small disadvantaged business concern as defined in 13 CFR 124 1002 3 Complete only if the offeror represented itself as a small business concern in paragraph c 1 of this provision The offeror represents as part of its offer that it square is square is not a women-owned small business concern 4 Women-owned small business WOSB concern eligible under the WOSB Program Complete only if the offeror represented itself as a women-owned small business concern in paragraph c 3 of this provision The offeror represents as part of its offer that- i It is is not a WOSB concern eligible under the WOSB Program has provided all the required documents to the WOSB Repository and no change in circumstances or adverse decisions have been issued that affects its eligibility and ii It is is not a joint venture that complies with the requirements of 13 CFR part 127 and the representation in paragraph c 4 i of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture ___-- Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation 5 Economically disadvantaged women-owned small business EDWOSB concern Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in c 4 of this provision The offeror represents as part of its offer that- i It is is not an EDWOSB concern eligible under the WOSB Program has provided all the required documents to the WOSB Repository and no change in circumstances or adverse decisions have been issued that affects its eligibility and ii It is is not a joint venture that complies with the requirements of 13 CFR part 127 and the representation in paragraph c 5 i of this provision is accurate for each EDWOSB concern participating in the joint venture The offeror shall enter the name or names of the EDWOSB concern PAGE 88 OF 114 SB1341-17-RP-0007 and other small businesses that are participating in the joint venture ___-- Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation 6 Complete only if the offeror represented itself as a small business concern in paragraph c 1 of this provision The offeror represents as part of its offer that it is is not a veteran-owned small business concern 7 Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph c 6 of this provision The offeror represents as part of its offer that it is is not a service-disabled veteran-owned small business concern 8 Complete only if the offeror represented itself as a small business concern in paragraph c 1 of this provision The offeror represents as part of its offer that- i It is is not a HUBZone small business concern listed on the date of this representation on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration and no material changes in ownership and control principal office or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126 and ii It is is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126 and the representation in paragraph c 8 i of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture ___-- Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation d Notice 1 If this solicitation is for supplies and has been set aside in whole or in part for small business concerns then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished 2 Under 15 U S C 645 d any person who misrepresents a firm s status as a business concern that is small HUBZone small small disadvantaged service-disabled veteran-owned small economically disadvantaged women-owned small or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8 9 15 31 and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8 d for a definition of program eligibility shall- i Be punished by imposition of fine imprisonment or both ii Be subject to administrative remedies including suspension and debarment and iii Be ineligible for participation in programs conducted under the authority of the Act End of Provision K 7 52 222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS FEB 1999 The offeror represents that- a It _ has _ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation b It _ has _ has not filed all required compliance reports and c Representations indicating submission of required compliance reports signed by proposed subcontractors will be obtained before subcontract awards End of Provision K 8 52 222-25 AFFIRMATIVE ACTION COMPLIANCE APR 1984 The offeror represents that- a It _ has developed and has on file _ has not developed and does not have on file at each establishment affirmative action programs required by the rules and regulations of the Secretary of Labor 41 CFR 60-1 and 60-2 or b It _ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor End of Provision PAGE 89 OF 114 SB1341-17-RP-0007 SECTION L INSTRUCTIONS CONDITIONS AND NOTICES TO OFFERORS L 1 52 212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS OCT 2016 a North American Industry Classification System NAICS code and small business size standard The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet SF 1449 However the small business size standard for a concern which submits an offer in its own name but which proposes to furnish an item which it did not itself manufacture is 500 employees b Submission of offers Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation Offers may be submitted on the SF 1449 letterhead stationery or as otherwise specified in the solicitation As a minimum offers must show- 1 The solicitation number 2 The time specified in the solicitation for receipt of offers 3 The name address and telephone number of the offeror 4 A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation This may include product literature or other documents if necessary 5 Terms of any express warranty 6 Price and any discount terms 7 Remit to address if different than mailing address 8 A completed copy of the representations and certifications at FAR 52 212-3 see FAR 52 212-3 b for those representations and certifications that theofferor shall complete electronically 9 Acknowledgment of Solicitation Amendments 10 Past performance information when included as an evaluation factor to include recent and relevant contracts for the same or similar items and other references including contract numbers points of contactwith telephone numbers and other relevant information and 11 If the offer is not submitted on the SF 1449 include a statement specifying the extent of agreement with all terms conditions and provisions included in the solicitation Offers that fail to furnish required representations or information or reject the terms andconditions of the solicitation may be excluded from consideration c Period for acceptance of offers The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation d Product samples When required by the solicitation product samples shall be submitted at or prior to the time specified for receipt of offers Unless otherwise specified in this solicitation these samples shall be submitted at no expense to the Government and returned at the sender's request and expense unless they are destroyed during preaward testing e Multiple offers Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation Each offer submitted will be evaluated separately f Late submissions modifications revisions and withdrawals of offers 1 Offerors are responsible for submitting offers and any modifications revisions or withdrawals so as to reach the Government office designated in the solicitation by the time specified in the solicitation If no time is specified in the solicitation the time for receipt is 4 30 p m local time for the designated Government office on the date that offers or revisions are due 2 i Any offer modification revision or withdrawal of anoffer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is late and will not be consideredunless it is received before award is made the Contracting Officer determines that accepting the lateoffer would not unduly delay the acquisition and- A If it was transmitted through an electronic commercemethod authorized by the solicitation it was received at the initial point of entry to the Government infrastructure not later than 5 00 p m one working day prior to the date specified forreceipt of offers or B There is acceptable evidence to establish that it wasreceived at the Government installation designated for receipt of offers and was under the Government'scontrol prior to the time set for receipt of offers or C If this solicitation is a request for proposals it was the only proposal received ii However a late modification of an otherwise successful offer that makes its terms more favorableto the Government will be considered at any time it is received and may be accepted PAGE 90 OF 114 SB1341-17-RP-0007 3 Acceptable evidence to establish the time of receipt at the Government installation includes the time date stampof that installation on the offer wrapper other documentary evidence of receipt maintained by the installation or oral testimony or statements of Government personnel 4 If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received atthe Government office designated for receipt of offers bythe exact time specified in the solicitation and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume 5 Offers may be withdrawn by written notice received at anytime before the exact time set for receipt of offers Oraloffers in response to oral solicitations may be withdrawn orally If the solicitation authorizes facsimile offers offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers subject to the conditions specified in the solicitation concerningfacsimile offers An offer may be withdrawn in person by an offeror or its authorized representative if before theexact time set for receipt of offers the identity of the person requesting withdrawal is established and the personsigns a receipt for the offer g Contract award not applicable to Invitation for Bids The Government intends to evaluate offers and award a contract without discussions with offerors Therefore the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint However the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary The Government may reject any or all offers if such action is in the public interest accept other than the lowest offer and waive informalities and minor irregularities in offers received h Multiple awards The Government may accept any item or group of items of an offer unless the offeror qualifies the offer by specific limitations Unless otherwise provided in the Schedule offers may not be submitted for quantities less than those specified The Government reserves the right to make an award on any item for a quantity less than the quantity offered at the unit prices offered unless the offeror specifies otherwise in the offer i Availability of requirements documents cited in the solicitation 1 i The GSA Index of Federal Specifications Standards andCommercial Item Descriptions FPMR Part 101-29 and copies of specifications standards and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza SW Washington DC 20407 Telephone 202 619-8925 Facsimile 202 619-8978 ii If the General Services Administration Department of Agriculture or Department of Veterans Affairs issued this solicitation a single copy of specifications standards and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph i 1 i of this provision Additional copies will be issued for a fee 2 Most unclassified Defense specifications and standardsmay be downloaded from the following ASSIST websites i ASSIST https assist dla mil online start ii Quick Search http quicksearch dla mil iii ASSISTdocs com http assistdocs com 3 Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point DoDSSP by- i Using the ASSIST Shopping Wizard https assist dla mil wizard index cfm ii Phoning the DoDSSP Customer Service Desk 215 697-2179 Mon-Fri 0730 to 1600 EST or iii Ordering from DoDSSP Building 4 Section D 700 Robbins Avenue Philadelphia PA 19111-5094 Telephone 215 697-2667 2179 Facsimile 215 697-1462 4 Nongovernment voluntary standards must be obtained fromthe organization responsible for their preparation publication or maintenance j Unique entity identifier Applies to all offers exceeding $3 500 and offers of $3 500 or less if the solicitation requires the Contractor to be registered in the System for Award Management SAM database The Offeror shall enter in the block with its name and address on the cover page of its offer the annotation ''Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address The Offeror also shall enter its Electronic Funds Transfer EFT indicator if applicable The EFT indicator is a four-character suffix to the unique entity identifier The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts see subpart 32 11 for the same entity If the Offeror does not have a unique entity identifier it should contact the entity designated at www sam gov for unique entity identifier establishment directly to obtain one The Offeror should PAGE 91 OF 114 SB1341-17-RP-0007 indicate that it is an offeror for a Government contract when contacting the entity designated at www sam gov for establishing the unique entity identifier k System for Award Management Unless exempted by an addendum to this solicitation by submission of an offer the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award during performance and through final payment of any contract resulting from this solicitation If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer the Contracting Officer will proceed to award to the next otherwise successful registered Offeror Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https www acquisition gov l Debriefing If a post-award debriefing is given to requesting offerors the Government shall disclose the following information if applicable 1 The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer 2 The overall evaluated cost or price and technical ratingof the successful and the debriefed offeror and past performance information on the debriefed offeror 3 The overall ranking of all offerors when any ranking was developed by the agency during source selection 4 A summary of the rationale for award 5 For acquisitions of commercial items the make and modelof the item to be delivered by the successful offeror 6 Reasonable responses to relevant questions posed by the debriefed offeror as to whether sourceselection procedures set forth in the solicitation applicable regulations and other applicable authorities were followed by the agency End of Provision L 2 INSTRUCTIONS TO OFFERORS PAGE 92 OF 114 SB1341-17-RP-0007 FAR 52 212-1 ADDENDUM TO INSTRUCTIONS TO OFFERORS GENERAL The offeror shall submit documentation illustrating their approach for satisfying the requirements of this solicitation Proposals must be clear coherent and prepared in sufficient detail for effective evaluation of the offeror’s proposal against the evaluation criteria Also this documentation shall cover all aspects of this solicitation and include the offeror’s approach for integration and program management activities Proposals must clearly demonstrate how the offeror intends to accomplish the project and must include convincing rationale and substantiation of all claims Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete effective response to the solicitation are not desired The offerors shall describe their proposals through the use of graphs charts diagrams and narrative in sufficient detail for the Government to understand and evaluate the nature of the approach All correspondence in conjunction with this solicitation must be directed to the Government Contracting Officer and Contract Specialist identified below Contracting Officer Keith Bubar Phone Number 301 975-8329 E-mail address keith bubar@nist gov Contracting Specialist Chantel Adams Phone Number 301 975-6338 E-mail address chantel adams@nist gov PROPOSAL VOLUME REQUIREMENTS The proposal shall be accompanied by a cover letter letter of transmittal prepared on the company’s letterhead stationery The cover letter letter of transmittal shall identify all enclosures being transmitted and shall be used only to transmit the proposal and shall include no other information The first or title page shall be in accordance with FAR 52 215-1 paragraph c 2 The following are further descriptions of the information that shall be provided with the proposal Volume I Executive Summary Page Limit 5 II Technical Approach 150 III Management Approach 35 IV Past Performance No limit PAGE 93 OF 114 SB1341-17-RP-0007 Volume V Cost Price Page Limit No limit Page Limitations The cover letter title page table of contents table of figures list of tables and glossary of abbreviations acronyms do not count against page count limitations Additionally resumes submitted for key personnel do not count against the page count limitations but each resume shall be limited to 3 pages in length Proposal contents that exceed the stated page limitations will be removed from the proposal by the Contracting Officer prior to turning the proposal over to the Government evaluation teams and will not be considered in the evaluation Format Text shall be single-spaced on 8½” x 11” paper except as specifically noted with a minimum one-inch margin all around Pages shall be numbered consecutively Offerors may use 11” x 17” sized pages for tables charts graphs or pictures that cannot be legibly presented on 8½” x 11” paper An 11” x 17” is a two-sheet equivalent with regards to the page count limitations Print shall be of a minimum 12-point font size or a maximum 10 characters per inch spacing Bolding underlining and italics may be used to identify topic demarcations or points of emphasis Graphic presentations including tables while not subject to the same font size and spacing requirements shall have spacing and text that is easily readable Each volume in the proposal shall include a copy of the cover letter letter of transmittal title page and table of contents The table of contents shall list sections subsections and page numbers Each volume shall contain a glossary of all abbreviations and acronyms used Each acronym used shall be spelled out in the text the first time it appears in each proposal volume Cross Referencing Each volume other than the Price volume shall be written to the greatest extent possible on a stand-alone basis so that its content may be evaluated with a minimum of cross-referencing to other volumes of the proposal Cross-referencing within a proposal volume is permitted where its use would conserve space without impairing clarity Hyperlinking of cross-references is permissible Information required for proposal evaluation which is not found in its designated volume or cross-referenced is assumed omitted from the proposal Electronic Submission of Proposal a By submission of an electronic proposal the offeror must ensure that the submission is readable in the format specified in the solicitation and has been verified as free of computer viruses Prior to any evaluation the Government will check all files for viruses and ensure that all information is readable In the event that any files are defective unreadable the Government will only evaluate the readable electronic files Further if a defective unreadable email attachment PAGE 94 OF 114 SB1341-17-RP-0007 renders a significant deficiency in the offeror's proposal the Government may consider the proposal incomplete and not consider such proposals for further evaluation b The offeror must ensure that 1 It has verified that its electronic proposal is readable on the hardware and software 2 It has verified that the electronic proposals are free of computer viruses using standard commercial anti-virus software c A proposal that fails to conform to the requirements of paragraphs a and b above may be subject to interception or delay at Governmental electronic communications portals This interception or delay may result in the proposal being lost deleted destroyed or forwarded in such a manner that the proposal arrives at the target destination past the time and date of the deadline for submission established in the solicitation In the event that a proposal is lost deleted or destroyed due to the offeror's failure to conform to the requirements of paragraphs a and b above such proposal will be considered to have never been delivered to the Government In the event that a proposal is delayed due to the offeror's failure to conform to the requirements of paragraphs a and b above the proposal will be treated as late in accordance with the provision of this solicitation entitled Late Submissions Modifications and Withdrawals of Proposals Submission Due Dates Offers must be received prior to 3 00 EST May 1 2017 The offeror shall adhere to the following instructions in preparing its proposal in response to this solicitation The proposal shall fully comply with all requirements FAILURE TO DO SO MAY BE CAUSE FOR REJECTION 1 0 EXECUTIVE SUMMARY VOLUME I – LIMIT 5 PAGES The Offeror shall provide an overview and synopsis of the proposal to be used as an aid in understanding the organization content and interrelationship of the proposal material The offeror shall provide a brief history of the creation and development of the company and a description of the legal structure and organization of the company Joint ventures shall be clearly explained to include the organization of each member of the venture the construct of the joint venture the relationship between the members of the joint venture and the Small Business Administration’s approval of the joint venture Information is to be formatted at a summary level and should represent only data found elsewhere in the proposal Any proposed unique approaches should also be highlighted Price information shall not be included in this document Reference to the proposal areas containing substantiating information should be given when possible The company officials to be contacted for information about the proposal and or notified of the selection decision should be identified PAGE 95 OF 114 SB1341-17-RP-0007 2 0 TECHNICAL APPROACH REQUIREMENTS VOLUME II - LIMIT 75 PAGES inclusive of all subsections The Technical Approach Volume shall be organized in the following format Sub-Factor 1 Project Plan for IDIQ Contract Sub-Factor 2 Technical Approach for Task Orders 1 through 8 Sub-Factor 3 Key Personnel for Task Orders 1 through 8 Sub-Factor 4 Specialized Experience There shall be no pricing information contained within this volume of the proposal 2 1 Sub-Factor 1 – Project Plan for IDIQ Contract The offeror shall describe in detail the methods that will be employed to manage the IDIQ and task order requirements from initial solicitation to completion of the effort Include a discussion on how the offeror will assess and understand the technical and contractual requirements of solicited tasks determine the most effective allocation of effort among prime and subcontractors team members and submit quality proposals in an expedited timeframe i e generally 14 days or less The project plan shall demonstrate the Offeror’s approach to successfully satisfy the solicitation requirements the Offeror’s capability to successfully complete the requirements and the Offeror’s knowledge of applicable documentary standards i e FIPS Special Publications and Interagency Reports Finally the offeror shall submit its list of proposed labor categories for the IDIQ contract The offeror’s proposed IDIQ labor categories shall match the Government’s list of required IDIQ labor categories including the descriptions and minimum qualifications for each labor category However offerors may also propose additional labor categories for the IDIQ outside of those required by the Government The offeror shall clearly identify any labor categories being proposed that are not on the Government’s list of required labor categories The offeror shall clearly state the labor category title description and any minimum qualifications for each labor category proposed The proposed list of IDIQ labor categories may be submitted as an “attachment” to this volume of the proposal and will not count towards the page count limitations of this volume 2 2 Sub-Factor 2 – Technical Approach for Task Orders 1 through 8 The offeror shall submit a separate technical approach for each of Task Orders 1 through 8 This volume shall be clearly divided among the technical approaches for each task order The offeror shall identify its proposed technical approach and team prime and all subcontractors team members and discuss the role that each member PAGE 96 OF 114 SB1341-17-RP-0007 will have in accomplishing the specific requirements of the PWS for each of task orders 1 through 8 The offeror shall describe its approach to successfully completing the task order requirements identifying how its team members’ strengths will be aligned to ensure accomplishment of all tasks The technical approach shall clearly demonstrate the offeror’s technical understanding of the task order requirements Offerors shall further indicate whether each subcontractor team member is considered “major” and whether the subcontractor team member will serve either in a “lead” or “support” role Identify the planned level of support that each member will provide in total and for each functional area requirement of the specified task order PWS 2 3 Sub-Factor 3– Key Personnel for Task Orders 1 through 8 The offeror shall describe its proposed key personnel and staffing plan for each of Task Orders 1 through 8 The offeror shall provide a brief description of its overall staffing plan for each of the 8 task orders and shall provide the resumes for the key personnel proposed for each task order The offeror shall identify the prime offeror and major subcontractor team member key personnel proposed for each of Task Orders 1 through 8 The offeror shall clearly identify the labor categories from the proposed set of IDIQ labor categories in which each key personnel is being proposed The offeror shall clearly demonstrate that the proposed key personnel meet or exceed the minimum qualifications of their respective labor categories and shall clearly demonstrate why the proposed key personnel are capable of successfully performing the respective task order’s requirements See the individual task order PWS’ for descriptions of the key personnel requirements for each respective task order 2 4 Specialized Experience The Offeror shall identify its proposed team prime and all subcontractors team members and discuss the role that each member will have in accomplishing the specific functional area requirements of the IDIQ PWS Identify the basis for team member selection in terms of the capabilities experience each possess that will enhance overall contract performance The offeror shall provide a comprehensive description of each member’s corporate experience in relation to performing the CRDI requirements and shall clearly explain how team member strengths will be aligned to ensure accomplishment of all functional area requirements Each description shall clearly define the correlation between the identified capability and corporate experience and shall identify the specific PWS functional area requirement s to which the capability experience applies Descriptions of corporate experience shall clearly specify the following i contract task order number ii title of effort iii total potential dollar value iv performance period v contractor role prime or subcontractor and vi brief description of the effort To the extent possible any identified PAGE 97 OF 114 SB1341-17-RP-0007 prime offeror or major subcontractor team member corporate experience performed within the past five years should be traceable to the information provided in Volume IV Past Performance Offerors shall further indicate whether each subcontractor team member is considered “major” and whether the subcontractor team member will serve either in a “lead” or “support” role 3 0 MANAGEMENT APPROACH REQUIREMENTS VOLUME III – LIMIT 35 PAGES inclusive of all Subsections The offeror shall explain its plan for efficiently resourcing managing and controlling costs of task requirements for the entire life cycle of awarded task orders The plan shall include the offeror’s approach for obtaining allocating monitoring and controlling all resources and costs required to ensure the successful attainment of task objectives The Management format Sub-Factor Sub-Factor Sub-Factor Approach Volume shall be organized in the following 1 2 3 Recruitment and Retention Plan Contract Management Plan Transition Plan 3 1 Sub-Factor 1 – Recruitment and Retention Plan Describe the corporate mechanisms applicable to all employees practices policies procedures and tools that will be employed by the prime offeror and major subcontractors team members to recruit retain and replenish when necessary a sufficient number of qualified personnel with the requisite knowledge skills education and experience to ensure successful accomplishment of the proposed technical and management approaches throughout the life of the contract At a minimum the plan shall address recruitment and hiring practices termination policies and procedures employee development tools and compensation policies that would serve to obtain and maintain the personnel resources necessary to successfully perform this effort 3 2 Sub-Factor 2 – Contract Management Plan The offeror shall discuss its plan for managing all aspects of the prime contractor subcontractor organization to ensure successful support of the multi-customer multi-task CRDI program This discussion shall consist of the following focus areas  Organizational Structure Fully describe the structure of the proposed organization including major subcontractors team members how that organization fits into its overall corporate structure and the reporting and review relationship with corporate management Delineate organizational PAGE 98 OF 114 SB1341-17-RP-0007 responsibilities clear lines of authority and effective spans of control as well as how the offeror will control the flow of information and communications among team members customers CORs and the Contracting Officer Discuss any unique business practices that will be implemented to facilitate the successful execution of the overall CRDI IDIQ requirement 3 3  Teaming Subcontract Arrangements and Management Provide a detailed description of all teaming subcontracting arrangements e g formal or informal joint-venture traditional prime-sub relationship and or other formal or informal team arrangement to include identification of the lead contractor and the roles responsibilities of all participants Identify any foreseen risks associated with the proposed teaming subcontract arrangement s and address how those risks will be mitigated to ensure successful contract performance For offerors proposing under a formal or informal joint-venture agreement or other formal teaming arrangement provide a copy of the fully executed agreement to include signatures of all parties Note copies of these executed agreements do NOT count against page limits The offeror shall further describe its approach for managing these team members subcontractors and maintaining organizational control over their contractual efforts The discussion shall include the processes that will be employed to maintain privity of contract restrictions while at the same time efficiently conveying Government technical requirements to team members subcontractors implementing changes in technical direction monitoring measuring their performance and ensuring that all task objectives are achieved  IDIQ Contract Program Manager Qualifications Discuss the qualifications education experience accomplishments and skills of the CRDI IDIQ Program Manager specifically addressing his her experience in managing multi-task contracts similar the CRDI requirement in terms of technical and contractual complexity and magnitude The offeror shall clearly demonstrate that the proposed CRDI IDIQ Program Manager meets or exceeds the minimum qualifications identified for the Program Manager 3- Contract Level labor category The offeror shall provide a resume for the proposed candidate Sub-Factor 3 – Transition Plan The offeror shall discuss its plan to effectively maintain the continuity of mission support while transitioning phasing in resources and personnel to support the other efforts The transition should be no less than 60 days and no more than 90 days for startup from contract award date to performance start date Offeror shall provide all elements transition plan shall address of transition PAGE 99 OF 114 SB1341-17-RP-0007 Offeror’s      Strategy for implementing supervisory functions The process for transitioning predecessor employees Communication plan Dated milestones for each step of the plan Plan for establishing maintaining current status of staffing levels  Status report on submitting applications for personnel clearances if applicable  Specific Government actions that may be required to support implementation of the transition plan  Any actions that may cause a delay and impact the successful transition must be clearly identified 4 0 PAST PERFORMANCE REQUIREMENTS VOLUME IV – NO PAGE LIMIT Offeror shall submit past performance information in the form of completed Past Performance Questionnaires The attachment to the RFP titled “Past Performance Questionnaire Template” shall be used Offerors shall have their references complete the questionnaire for individual contracts under which the offeror previously performed The offeror shall then submit the questionnaires completed by their references as attachments to the proposal Offerors are directed to provide completed Past Performance Questionnaires on no more than eight 8 of the offeror’s most recently completed Federal Government or Commercial contracts for services similar in scope to those of this requirement for work completed or substantially completed within the last three 3 years The term “offeror” here is defined as the prime contractor entity and any major subcontractors Any submission s in excess of this stated limit will be excluded by the Government The Government will choose the excluded questionnaires at random or in any manner that the Government in their absolute discretion deems appropriate without any consideration for the best interests of the offeror If the offeror performed as a subcontractor under a given previous effort the offeror should also clearly indicate the percentage of work that the offeror performed under each task category of effort throughout the course of the contract 5 0 PRICE REQUIREMENTS VOLUME V – NO PAGE LIMIT The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of offers unless another time period is specified in an addendum to the solicitation The Proposal Form Standard Form 33 must be executed fully and used as the cover sheet or first page of this volume ALL AMENDMENTS TO THE SOLICITATION MUST BE ACKNOWLEDGED ON THE SIGNED SF33 PAGE 1 OR ON PAGE 100 OF 114 SB1341-17-RP-0007 ADDITIONAL PAGES IMMEDIATELY FOLLOWING THE SIGNED SF33 PAGE 1 IF NECESSARY Therefore all Offerors must submit a signed and completed SF33 as part of their Business Proposal Volume V of Offeror’s proposal shall be divided into two separate sections A and B as detailed below Each of the sections A and B shall include a cover page with the following information 1 Solicitation number 2 Date of submission 3 Offeror’s corporate name address phone and DUNS 4 Authorized contractor representative name title phone and email address and The Offeror shall submit the following as part of Volume V A Base Contract Pricing The Offeror shall propose ceiling fully burdened hourly labor rates for the following periods The Offeror shall assume for price proposal preparation purposes that the contract will begin on September 30 2017 However these dates are not binding and the actual period of performance of the base contract may be different than listed below Base Period Option Period Option Period Option Period Option Period I II III IV September September September September September 30 30 30 30 30 2017 2018 2019 2020 2021 – – – – – September September September September September 29 29 29 29 29 2018 2019 2020 2021 2022 The Offeror shall submit ceiling fully burdened hourly labor rates for each proposed labor category detailed in the Offeror’s Technical Volume For each proposed labor category the Offeror may choose to propose a single ceiling fully burdened hourly labor rate or propose both an onsite and off-site ceiling fully burdened hourly labor rate Below is a sample of what the proposed Labor Categories and corresponding rates should resemble Offerors must propose labor categories that match the descriptions of the work to be performed under each category the minimum experience requirements and the minimum education requirements However since Offerors are required to provide the descriptions and minimum requirements for each of its proposed labor categories in Volume II Technical Volume the Offerors need not provide the descriptions and minimum qualifications again in the Business Volume The following table complete with the awardee’s labor categories and rates will be included in Section B of the resultant IDIQ contract Labor Category Ceiling Fully Burdened Hourly Labor Rates per Contract Period On-Site On Off-Site Off Base Option Option Option Option Period Period 1 Period 2 Period 3 Period 4 On Off On Off On Off On Off On Off Program Manager 3 Contract Level PAGE 101 OF 114 SB1341-17-RP-0007 Program Manager 2 Task Order Level Labor Category X Y etc B Task Orders 1 through 8 Pricing For proposal preparation purposes the offeror shall assume that all task orders will begin in the base period of the IDIQ contract Offerors shall propose a total price and supporting pricing information for each of Task Orders 1 through 8 This section of Volume V of the proposal shall be clearly divided among the price proposals for each the 8 separate task orders For each task order the offeror shall clearly identify what the total proposed price is and shall provide sufficient supporting documentation to show the derivation of the total proposed price by each task identified in the task order PWS For any task orders with optional tasks or option periods the Offeror shall clearly identify a total price for each separate optional task or option period For any task orders that include travel requirements the offeror shall clearly identify its total proposed ceiling price for estimated travel costs The offeror shall describe in its supporting documentation its proposed labor mix in terms of the labor categories used the fully burdened hourly labor rate used for each labor category and the estimated number of hours for each labor category for each task order There shall be sufficient information provided for each task order so that the Government can clearly identify how the total proposed price was derived Offerors shall ensure that each task order pricing proposal at a minimum clearly identifies the offeror’s total proposed prices and the labor mix used to derive the total prices including labor categories fully burdened hourly rate and estimated number of hours for each separate task identified in the PWS’ for each task order and as summarized below For tasks with multiple “subtasks” identified in the task order PWS Offerors should provide information on the labor mix estimated for each subtask to the maximum extent possible Task Order 1 Base Period  Task 4 1  Task 4 2 Option Period  Task 4 1  Task 4 2 Labor Hour Firm Fixed Price 1 Labor Hour Firm Fixed Price Task Order 2 Base Period PAGE 102 OF 114 SB1341-17-RP-0007  Task 4 1  Task 4 2 Option Period  Task 4 1  Task 4 2 Option Period  Task 4 1  Task 4 2  Labor Hour Firm Fixed Price 1 Labor Hour Firm Fixed Price 2 Labor Hour Firm Fixed Price Optional Task 4 3 Labor Hour which may be exercised at any point during either the Base Period or either Option Period Task Order 3 Task 5 1 Firm Fixed Price  Subtask 5 1 1 Firm Fixed Price o Base Period Subtask 5 1 1 1 o Option Period 1 Subtask 5 1 1 2  Subtask 5 1 2 Firm Fixed Price o Base Period Subtask 5 1 2 1 o Option Period 1 Subtask 5 1 2 2 Task 5 2 Firm Fixed Price  Base Period Subtask 5 2 1 Firm Fixed Price  Subtask 5 2 2 Firm Fixed Price o Base Period Subtask 5 2 2 1 o Option Period 1 Subtask 5 2 2 2  Subtask 5 2 3 Firm Fixed Price o Base Period Subtask 5 2 3 1 o Option Period 1 Subtask 5 2 3 2 Task 5 3 Labor Hour  Base Period Task 5 3  Option Period 1 Task 5 3 Task 5 4 Firm Fixed Price  Base Period Task 5 4  Option Period 1 Task 5 4 Task    Order 4 Task 4 1 Labor Hour Task 4 2 Labor Hour Travel Costs See Section 10 of PWS Offeror shall estimate a total ceiling travel cost of $15 000 00 Task    Order 5 Task 4 1 Firm Fixed Price Task 4 2 Firm Fixed Price Task 4 3 Firm Fixed Price PAGE 103 OF 114 SB1341-17-RP-0007  Travel Costs if applicable See Section 11 of PWS Offeror shall estimate a total ceiling travel cost of $20 000 00 Task Order 6  Task 1 Section 4 1 Firm Fixed Price  Task 2 Section 4 2 Firm Fixed Price Task Order 7  Task 4 1 Labor Hour  Task 4 2 Firm Fixed Price Task          L 3 Order 8 Task 4 1 Labor Hour Task 4 2 Firm Fixed Price Task 4 3 Firm Fixed Price Optional Task 4 Section 5 1 Labor Hour Optional Task 5 Section 5 2 Firm Fixed Price Optional Task 6 Section 5 3 Firm Fixed Price Optional Task 7 Section 5 4 Firm Fixed Price Optional Task 8 Section 5 5 Firm Fixed Price Optional Travel Costs associated with Optional Task 8 See Section 11 of PWS Offeror shall estimate a total ceiling travel cost of $20 000 00 INQUIRIES PAGE 104 OF 114 SB1341-17-RP-0007 INQUIRIES Offerors must submit all questions concerning this solicitation in writing to chantel adams@nist gov QUESTIONS MUST BE SUBMITTED IN THE FORMAT FOUND IN SECTION J OF THE RFP IN MS WORD FORMAT Questions must be received no later than 21 calendar days after the issuance date of this solicitation Any responses to questions will be made in writing without identification of the questioner and will be included in an amendment to the solicitation Even if provided in other form only the question responses included in the amendment to the solicitation will govern performance of the contract End of clause L 4 52 216-1 TYPE OF CONTRACT APR 1984 PAGE 105 OF 114 SB1341-17-RP-0007 The Government contemplates award of a Indefinite Delivery Indefinite Quantity IDIQ contract resulting from this solicitation End of Provision L 5 52 216-27 SINGLE OR MULTIPLE AWARDS OCT 1995 The Government may elect to award a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts for the same or similar supplies or services to two or more sources under this solicitation End of Provision L 6 52 233-2 SERVICE OF PROTEST SEP 2006 a Protests as defined in section 33 101 of the Federal Acquisition Regulation that are filed directly with an agency and copies of any protests that are filed with the General Accountability Office GAO shall be served on the Contracting Officer addressed as follows by obtaining written and dated acknowledgment of receipt from b The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO End of Provision L 7 52 252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE FEB 1998 This solicitation incorporates one or more solicitation provisions by reference with the same force and effect as if they were given in full text Upon request the Contracting Officer will make their full text available The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer In lieu of submitting the full text of those provisions the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer Also the full text of a solicitation provision may be accessed electronically at this these address es End of Provision L 8 1352 233-70 AGENCY PROTESTS APR 2010 a An agency protest may be filed with either 1 the contracting officer or 2 at a level above the contracting officer with the appropriate agency Protest Decision Authority See 64 Fed Reg 16 651 April 6 1999 b Agency protests filed with the Contracting Officer shall be sent to the following address Chon Son 100 Bureau Drive Building 301 Room B164 Gaithersburg MD 20899-1640 PAGE 106 OF 114 SB1341-17-RP-0007 c Agency protests filed with the agency Protest Decision Authority shall be sent to the following address US Department of Commerce Office of General Counsel 1401 Constitution Ave NW Washington DC 20230 d A complete copy of all agency protests including all attachments shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority e Service upon the Contract Law Division shall be made as follows U S Department of Commerce Office of the General Counsel Chief Contract Law Division Room 5893 Herbert C Hoover Building 14th Street and Constitution Avenue N W Washington D C 20230 FAX 202 482-5858 End of clause L 9 1352 233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS APR 2010 a A protest may be filed with either the Government Accountability Office GAO or the Court of Federal Claims unless an agency protest has been filed b A complete copy of all GAO or Court of Federal Claims protests including all attachments shall be served upon i the Contracting Officer and ii the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either GAO or the Court of Federal Claims c Service upon the Contract Law Division shall be made as follows U S Department of Commerce Office of the General Counsel Chief Contract Law Division Room 5893 Herbert C Hoover Building 14th Street and Constitution Avenue N W Washington D C 20230 FAX 202 482-5858 End of clause PAGE 107 OF 114 SB1341-17-RP-0007 SECTION M EVALUATION FACTORS FOR AWARD M 1 EVALUATION FACTORS FOR AWARD PAGE 108 OF 114 SB1341-17-RP-0007 EVALUATION FACTORS FOR AWARD The Government intends to use a price technical tradeoff process to award multiple IDIQ contracts to the responsible Offerors whose proposals represent the best value to the Government evaluated price and other factors considered However the Government reserves the right to make a single award if deemed to be in the best interest of the Government after evaluating proposals The Government reserves the right to make an award to other than the lowest-priced Offeror s or to the Offeror s with the highest technical rating if the Contracting Officer determines that to do so would result in the best value to the Government The Contracting Officer intends to award without discussions but reserves the right to initiate discussions if necessary Upon receipt of proposals the Contracting Officer will review them to determine if each Offeror followed all of the proposal preparation submission instructions in this solicitation A proposal that did not follow the proposal submission instructions to an extent that the Government cannot properly evaluate the proposal in accordance with the stated evaluation factors may be deemed unacceptable and may not be further evaluated The Government will utilize a best value trade-off method when evaluating proposals In determining best value non-price factors A through C when combined shall be more important than price The non-price Factors A and B are considered equally important while Factor C is considered less important than each of Factors A and B FACTOR FACTOR FACTOR FACTOR A B C D – – – – TECHNICAL APPROACH MANAGEMENT APPROACH PAST PERFORMANCE PRICE FACTOR A – TECHNICAL APPROACH The Government will evaluate the Offeror’s proposed Technical Approach to assess the Offeror's technical ability to successfully complete the requirements of the PWS for the base contract and for Task Orders 1 through 8 The Government’s evaluation of the Offeror’s Technical Approach will include an evaluation of the following sub-factors which are listed in descending order of importance 1 Project Plan for IDIQ Contract - The Government will evaluate the Offeror’s proposed Project Plan to determine the extent to which it demonstrates the Offeror’s approach to successfully satisfy the solicitation requirements the Offeror’s capability to successfully complete the requirements and the Offeror’s knowledge of applicable documentary standards i e FIPS Special Publications and Interagency Reports The Government will evaluate Page 1 of 5 PAGE 109 OF 114 SB1341-17-RP-0007 a The feasibility and suitability of the approach and plan for accomplishing the seven topical task areas described in the PWS for the base contract which include 1 Technical Inputs and support of the development of Standards Guidelines NIST Interagency Reports NISTIRs and Standard Reference Material s 2 Software and application development and application modeling support 3 Research work 4 Support on development and implementation of processes and mechanisms to enable effective outreach and communications across cybersecurity landscape 5 Program operations and analysis 6 Programmatic support on reports and project tracking and 7 Recommendations on standards activities b The strength of the Offeror’s key methodologies integration strategies and organizational considerations c The strength of the Offeror’s expertise in the technical subject matters identified in the IDIQ PWS and as published at csrc nist gov including the workflow to produce and maintain these documentary standards d The extent to which the Offeror’s proposed labor categories for the IDIQ contract align with the descriptions experience requirements and minimum education requirements for the required labor categories identified The Government will not give preference for labor categories proposed that exceed the minimum requirements for each labor category The Government will evaluate the extent to which the Offeror’s proposed labor categories align with the elements of the Government’s required labor categories The Government will also consider the applicability of any additional labor categories proposed by Offerors 2 Technical Approach for Task Orders 1 through 8 – The Government will evaluate the Offeror’s proposed Technical Approach to the eight 8 potential task orders to assess the Offeror's capability to successfully complete the requirements of the PWS for each of the task orders and the Offeror’s approach for completing the requirements of the task orders This evaluation will be broken down into the following a Technical Approach for Task Order 1 b Technical Approach for Task Order 2 c Technical Approach for Task Order 3 d Technical Approach for Task Order 4 e Technical Approach for Task Order 5 f Technical Approach for Task Order 6 g Technical Approach for Task Order 7 h Technical Approach for Task Order 8 3 Key Personnel for Task Orders 1 through 8 – The Government will evaluate the proposed Key Personnel for the eight 8 potential task orders to determine the extent to which they meet or exceed the minimum qualifications identified in the minimum experience and education requirements specified for the corresponding labor categories and how qualified they are to perform the tasks detailed in the PWS’ for the task orders The minimum experience and   PAGE 110 OF 114 SB1341-17-RP-0007 education requirements for the labor categories are identified in the “Required Labor Categories” section of the RFP The PWS’ for the eight 8 potential task orders identify which labor categories from the base contract are required for the key personnel on each of the task orders Offerors may propose key personnel positions in addition to the required positions identified in the PWS for the task orders However the key personnel positions identified in these PWS’ must be proposed This evaluation will be broken down into the following a Key Personnel for Task Order 1 b Key Personnel for Task Order 2 c Key Personnel for Task Order 3 d Key Personnel for Task Order 4 e Key Personnel for Task Order 5 f Key Personnel for Task Order 6 g Key Personnel for Task Order 7 h Key Personnel for Task Order 8 4 Specialized Experience The Government will evaluate the Offeror’s previous specialized experience to determine the level of experience the Offeror possesses in providing services related to the tasks described in the base IDIQ PWS and the PWS of Task Orders 1 through 8 The Government will consider the specialized experience of the prime contractor and any of the prime contractor’s key subcontractors The Government will only consider the Offeror’s specialized experience on work that was actually performed within the last five years The Government will only evaluate the descriptions of the previous experience that is provided in the Offeror’s proposal The degree of relevance between the projects submitted and the work required by the tasks listed in the base IDIQ and the eight potential task orders shall be considered FACTOR B – MANAGEMENT APPROACH The Government will evaluate the Offeror’s proposed Management Approach to assess the Offeror's ability to successfully manage all task orders that may be issued under this contract The Government’s evaluation of the Offeror’s Management Approach will include an evaluation of the following sub-factors which are listed in descending order of importance 1 Recruitment and Retention Plan – The Government will evaluate the Offeror’s ability and plan to recruit and retain appropriately qualified personnel to successfully accomplish the Requirements detailed in the IDIQ PWS while maintaining a reasonably low turnover rate 2 Contract Management Plan – The Government will evaluate the Offeror’s contract management plan to assess the extent to which the Offeror’s plan to manage the quality cost and timely completion of each task order demonstrates its ability to successfully perform the contract This includes the evaluation of   PAGE 111 OF 114 SB1341-17-RP-0007 the Offeror’s proposed Key Personnel for the base IDIQ contractthe IDIQ Program Manager – on the extent to which the candidate meets or exceeds the minimum qualifications identified for this labor category Program Manager 3- Contract Level labor category 3 Transition Plan - The Government will also evaluate the Offeror’s proposed Transition Plan to assess the extent to which it demonstrates a feasible plan for ensuring a smooth transition from the incumbent to the new contractor s A smooth and orderly transition between incoming and outgoing Contractors is necessary to assure minimum disruption to vital Contractor support services and Government activities The Government will consider no less than 60 days and no more than 90 days for startup from contract award date to performance start date Offeror shall provide all elements of transition Offeror’s transition plan shall address  Strategy for implementing supervisory functions  The process for transitioning predecessor employees  Communication plan  Dated milestones for each step of the plan  Plan for establishing maintaining current status of staffing levels  Status report on submitting applications for personnel clearances if applicable  Specific Government actions that may be required to support implementation of the transition plan  Any actions that may cause a delay and impact the successful transition must be clearly identified FACTOR C –PAST PERFORMANCE The evaluation of past performance information will consider the extent to which the Offeror’s past performance demonstrates the capability and capacity to provide high quality services within the scope of the base PWS The Government may also use data obtained from other sources The Government will consider the relevance of the Offeror’s previous contracts to the subject requirement and the Offeror’s performance on the previous contracts The Government will only consider past performance of the Offeror’s projects that were completed or substantially completed within the past three years Note Offerors without a record of relevant past performance or for whom information on past performance is not available will be not be evaluated favorably or unfavorably on Past Performance and will be assigned a Neutral rating FACTOR D - PRICE The Government will evaluate the Offerors’ price cost to determine whether the prices are fair and reasonable   PAGE 112 OF 114 SB1341-17-RP-0007 1 Base Contract The Government will evaluate whether the proposed labor categories and fully burdened hourly labor rates for the base IDIQ are fair and reasonable in relation to the solicitation requirements and consistent with the Offeror’s proposed Technical Approach 2 Task Orders 1 through 8 The Government will evaluate the Offeror’s proposed labor mix for each of the eight 8 potential task orders to determine its appropriateness in relation to the work required in each respective PWS’ and to determine whether the proposed pricing is fair and reasonable Potential Award of Task Orders 1 through 8 The Government may award all some or none of the eight 8 potential task orders included in this RFP As previously stated the Government intends on making multiple IDIQ contract awards as a result of this solicitation However each task order the Government decides to award as a result of this RFP will be awarded to a single offeror one awardee per task order awarded In order to be awarded one or more of the eight 8 potential task orders an Offeror must be selected as an awardee of an IDIQ contract In determining the awardee for each of the task orders the Government decides to award as a result of this RFP the Government will consider the evaluation of the Offeror’s proposal for a given task order on Factor A Sub-factors 2 Technical Approach for Task Orders 1 through 8 and 3 Key Personnel for Task Orders 1 through 8 along with Factor D Price The evaluation of Factor A Sub-factors 2 and 3 combined for a given task order are considered more important than Factor D in determining the awardee for a given task order   M 2 52 217-5 EVALUATION OF OPTIONS JUL 1990 PAGE 113 OF 114 SB1341-17-RP-0007 Except when it is determined in accordance with FAR 17 206 b not to be in the Government s best interests the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement Evaluation of options will not obligate the Government to exercise the option s End of Provision PAGE 114 OF 114 SB1341-17-RP-0007