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HomeMy WebLinkAboutIT17-544 - Other - Carahsoft Technology Corporation - ePlus Nutanix Hardware Platform - Contract - 06/06/2017 J/ Records a % Document KENT W A 5 H I M 0T0M CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: ' ' i ,�Lk, Vendor Number- 87 028 JD 'Edwards Number Contract Number: This is assigned by City Clerk's Office Project Dame: Hyper-Converged Infrastructure [description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract Z Other: Product purchase Contract Effective Date: 05/17/17 Termination Date: 07/17/17 Contract Renewal Notice (bays): 30 Number of days required notice for termination or renewal or amendment Contract Manager: James Endicott Department: Information Technology Contract Amount: $432 872 Approval Authority: ❑ Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Carahsoft Technology Corporation is the preferred vendor, City bidding requirements were met by piggybacking on the competitive process conducted by General Services Administration (GSA), an independent procurement agency of the federal government, through its Federal Supply Service Information Technology Schedule 70 contract.(Contract GS-35F-0119Y) Carahsoft will provide, through its dealer ePlus, Inc., all necessary hardware, software i and trainng. __ As of: 08/27/14 a 0 CD 0 0 0 0 CD C) C) 0 0 0 0 0 0 0 CD 0 0 0 0 6 6 cl� 6 6 6 6 co IT M M LO — N C14 C'4' 00 cc) rl- m CIO m CN U-) I- C'i — r- N 0 0 CY) CC) CID F- (Y) cn x C) o a 0 0 a 0 o CD 0 0 0 0 0 6 6 cv L6 6 6 ci to 'T rl- 41 tn co N N QD N N C c 0 0 0 CD 0 0 0 0 0 0 (D m 0 (D x 0 6 6 6 6 6 6 6 o U 0') 0 0 (o N .0 . 4� (Y) 0 x u N m M 1 0 (13 (D "4, cy) uj CIA V) W co F i CY) m co a) co 00 >� Z 4� 0 0 (D 0 0 a 0 co LO CY) C? 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PARTICIPATING ADDENDUM TO FEDERAL SUPPLY SERVICE INFORMATION TECHNOLOGY SCHEDULE 70 CONTRACT This Participating Addendum is entered into pursuant to the Federal Supply Service Information Technology Schedule 70 Contract for General Purpose Commercial Information Technology Equipment, Software, and Services ("Federal Supply Contract"), between Carahsoft Technology Corporation ("the Contractor") and the United States General Services Administration ("GSA") (Contract #GS-35F-0119Y). The parties to this Addendum hereby create a separate contract between the Contractor and the City of Kent, a Washington municipal corporation ("City"), acting through its Information Technology Department. I. RECITALS 1.1 The Contractor, through its participating dealers, sells and markets hardware, software, and support solutions to federal, state, and local government agencies. One of those products is a Nutanix Hardware Platform which the City is interested in acquiring through Carahsoft and its authorized dealer, ePlus Tehnology, Inc., a Virginia corporation. 1.2 GSA, pursuant to the law governing federal acquisitions, entered into the Federal Supply Contract with the Contractor, pursuant to which the Contractor provides Information Technology Professional Products and Services as described in the Federal Supply Contract to federal agencies and to state and local governments ("Schedule 70"). Section 3.70.110 of the Kent City Code authorizes the City of Kent to purchase from a contractor who was awarded a contract using another public agency's established procurement process for substantially the same purchase, subject to any contract that may be required between that successful contractor and the City of Kent. 1.3 For state and local governments, the terms and conditions of GSA's Schedule 70 provide model terms that are incorporated by reference into cooperative purchasing orders issued by a state and local government to any GSA Schedule 70 vendor, including the Contractor. The parties intend that the terms and conditions of Contractor's GSA Schedule 70 contract, Contract #GS-35F-0119Y, apply to any purchase made by the City through a purchase order that references that contract number, subject to the additional provisions provided for in this Participating Addendum. II. ADDENDUM In consideration of the mutual intent, desire, and promises of the parties and other good and valuable consideration, the City and the Contractor agree as follows: 2.1 The terms and conditions of Contractor's GSA Schedule 70 contract, Contract #GS-35F-0119Y, shall apply to all purchases made by the City from Contractor, either directly or in care of and through one of its authorized dealers, subject to the following additional terms: PARTICIPATING ADDENDUM - 1 OF 5 (City of Kent and Carahsoft Technology Corporation) A. Term and Price. The term of Contract #GS-35F-0119Y is currently effective through June 17, 2017. The City may purchase under the terms and conditions of Contract # GS-35F-0119Y, as amended by this Addendum, through June 17, 2017, or such later date as Contractor and GSA may mutually agree, or through July 31, 2017, whichever date is later, by placing such orders through the GSA website or issuing a purchase order to Contractor that references GSA Contract # GS-35F-0119Y. B. Order of Precedence. Any inconsistency between this Addendum or Contract #GS-35F-0119Y shall be resolved by giving precedence first to this Addendum. C. Warranty. The following warranty provision shall replace those warranties that are otherwise provided for in Contract #GS-35F- 0119Y: This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. D. .Indemnification. The following indemnity provision shall replace any indemnity that may otherwise be provided for in Contract # GS-35F- 0119Y: Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, PARTICIPATING ADDENDUM - 2 OF 5 (City of Kent and Carahsoft Technology Corporation) damages, losses, or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. E. Insurance. The following insurance provision shall replace any insurance provision that may otherwise be provided for in Contract # GS-35F-0119Y: The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. F. Resolution of Disputes and Governing Law. The following dispute provision shall replace any dispute provision that may otherwise be provided for in Contract #GS-35F-0119Y: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party PARTICIPATING ADDENDUM - 3 OF 5 (City of Kent and CarahsoR Technology Corporation) shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. G. Contact and Notice. The City's primary contact for this Addendum is as follows: James Endicott Technical Services Manager City of Kent Department of Information Technology 220 Fourth Avenue South Kent, WA 98032 Phone: 253-856-4620 Email: iendicottt@kentwa.gov Contractor's primary contact is: Ellen Lord Contracts Manager Carahsoft Technology Corporation 1860 Michael Faraday Drive, Suite 100, Reston,VA 20190 Phone: 703-871-8500 Email: contracts@carahsoft.com All communications regarding this Addendum shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee stated below or such other address as may be hereafter specified in writing: City: Contractor: Attn: James Endicott, Manager Attn: Ellen Lord, Contracts Manager City of Kent Carahsoft Technology Corp Dept. of Information Technology 1860 Michael Faraday Drive 220 Fourth Avenue South Suite 100 Kent, WA 98032 Reston,VA 20190 2.2 This Addendum does not guarantee the City's utilization of Contract #GS- 35F-0119Y, or the purchase of any hardware, software, or services through the Contractor until such time as a purchase order is issued to Contractor. This Addendum does not PARTICIPATING ADDENDUM - 4 OF 5 (City of Kent and Carahsoft Technology Corporation) create an exclusive bargaining relationship between the parties and the City may award contractors to other vendors for similar products or services. Actual utilization will be based on availability, proximity of Contractor's facilities, frequency of deliveries, or any other factor deemed important to the City. 2.3 The Contractor accepts all requirements of this Addendum by signing below. All acts consistent with the authority of this Addendum and prior to its effective date are hiereby ratified and affirmed, and!, the terms of this Addendum shall be deemed to have applied. 2.4 The parties, whose names appear below swear under penalty of perjury that they are authorized to enter into this Addendum, which is binding on the parties of this Addendum. IN WITNESS, the parties bellow have executed this Addendum, which will become effective on the last date written below. CONTRACTOR: CITY: CARAHSOFT TECNOLOGY CORPORATION CITY OF AGENT By: C?294e Zzi� By: (signature) (signature) Print Name: Ellen Lord Print Nauzette Cooke Its Contracts Manager I avor (title) t(--�1-7 title) DATE: May 5, 2017 DATE: /z 7 A►PPROVE[D AS TO FORMI (applic le if Mayor's signature required) a ry zeii vor �a `c Law Department P;\Civil\Files\0pen Files\0073-IT-General-2017\CarahsoftTech-GSA—ParticipatingAddendum.doc PARTICIPATING ADDENDUM - 5 OF 5 (City of Kent and Carahsoft Technology Corporation) CARAH-1 OP ID: DJ CERTIFICATE OF LIABILITY INSURANCE DATE(MM17/ 017Y) 2 04l2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Debra Jeffries x5821 Russell Ins.Group,Inc.(MAR) PHONE - -- FAX A Subsidiary of ACNB Corp. (Arc.No.Ext):410-875-5617 C Ne),410-875-5340 2526 West Liberty Road E-MAIL (- Westminster,MD 21167 aDOREss:d eeffries ri insurance.com Douglas C.Marks INSURERS AFFORDING COVERAGE _ _ NAIC 0 -_ INSURERA:Hartford Casualty Ins. Company 29424 INSURED Carahsoft Technology Corp INSURER B:Sentinel Insurance Company Ltd _ _11000 1860 Michael Faraday Dr.#100 �-- Reston,VA 20190 wsuRER C:Lloyds of London - INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR - POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MNUDDIYYYY MWD GENERAL LIABILITY EACH OCCURRENCE S 1,000,000. A )IF COMMERCIAL GENERAL LIABILITY 30SBABU9482 04119/2017 04119/2018 RENTED pREMGE (Ea occurrence),_ $ --� 1 CLAIMS-MADE ; X OCCUR MED EXP(Any one person) S 10,00 -- -- -_ _ - PERSONAL&ADV INJURY _ S 1,000,00 GENERAL AGGREGATE S 2,000,00 GEN-L AGGREGATE LIMIT APPLIES PER: j PRODUCTS-COMPIOP AGG $ 2,000r00 POLICY _ PR - X O LOC — — $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 (Ea aaident) _ $ B JC ANY AUTO 30UECAT1510 04/1912017 04/1912018, BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) S u _ NON-OWNED PER AC PROPERTY DAMAGE HIRED AUTOS AUTOS �- Tom - $ $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE __ $ 5,000,00 A ~ EXCESS LIAB J CLAIMS-MADE 30SBABU9482 04/19/2017 i 04/19/2018 AGGREGATE $ - 6,000,00 �.EIDTXJ RETENTIONS 10,000' $ 1 WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y 1 N T RY-LIMITS--­ER ANY PROPRIETORIPARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? -N r A -- ---- -- -- -- (Mandatory in NH) E L DISEASE-EA EMPLOYEE' S Ii yes,describe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S C Prof.Liab.(Cyber) UCS268931216 08/27/2016 08/2712017 Per Occur 5,000,00 Retro Date 8127114 RETENTION-$50,000 Aggregate 5,000,00 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If mono space Is required) *Certificate holder is listed as additional insured as respects to general liability coverage, ATIMA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Department of Information Technology AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South ;Kent WA 98032 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD DATE(MMIDDNYYY) A�o® CERTIFICATE OF LIABILITY INSURANCE 04/27/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: _ PHONE TFAX Automatic Data Processing Insurance Agency,Inc. (Alc,No,Ext): (NC,.No): 1 Adp Boulevard ADDARESS: Roseland,NJ 07068 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A; Twin City Fire Insurance Company 29459 INSURED INSURER e CARAHSOFT TECHNOLOGY -- 1860 Michael Faraday Dr,Suite 100 INSURER C: Reston,VA 20190 INSURER D: INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: 665789 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR wVD POLICY NUMBER MMIDD/YYYY MMlD"_YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ —' -D`AMAGETO RENTED-- CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $--- PERSONAL&ADV INJURY $ - GEN'L AGGREGATE LIMIT APPLIES PER, GENERAL AGGREGATE $ PRO- -- ---------- POLICY JECT [ - � LOC -PRODUCTS_-COMPIOP AGG $ OTHER: AUTOMOBILE LIABILITY COMBINEDIN LE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ 1 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accidenq _ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE _$ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION ! X PER OTH- AND EMPLOYERS'LIABILITY _ STATUTE ER YIN A ANY PROPRIETORIPARTNERIEXECUTIVE 'S E_L.EACH ACCIDENT $ 1,OOO,QO0 OFFICER/MEMBER EXCLUDED ❑Y 'NIA N 76WEGZJ6798 04/19/2017 04/19/2018 - -- - (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Dept.of Information Technology 220 Fourth Avenue South Kent,WA 98032 AUTHORIZED REPRESENTATIVE --?l ~}��k A©1988-2014 ACORD CORPORATION.All rights reserved. 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At _ uD. of w .=u v 'y,xd' an U :.C? o J r- �-- z (Y 'a w LCL 0 a, u - 0 ai 7 c ,, L : as o ro as -6 �t v E w ° �„} E mr c m, ;-"c.; .xa o air w a a saro " `c � ,m v LL E° Q x'�w y =ram c5 ezGG7¢ "atv 0 as m A�0 m41 , ID fD )417, 0}1 0 L G9 rt�n ro as L'i3 Z z ,. d3, = w... 0 N E 2 J a) � 0 -E _ U) v4Bc � � c z N yr vi dy, w wa a V 9 a CL 6Y 6 cr C ,t4; m -5 E 0 c ID Kv li N 'C, '0 V lY Du'�, ai v _ 0) � � � roc a,5 `.' ' o = LU o call;ai or ro C3 h Fi O = a) carahsoft. GENERAL SERVICES ADMINISTRATION FEDERAL ACQUISITION SERVICE AUTHORIZED FEDERAL SUPPLY SCHEDULE PRICE LIST On-line access to contract ordering information,terms and conditions, up-to-date pricing,and the option to create an electronic delivery order are available through GSA Advantage!, a menu-driven database system. The INTERNET address for GSA Advantage!is GSAAdvantage.gov. FEDERAL SUPPLY SCHEDULE 70 GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT,SOFTWARE AND SERVICES Special Item No. 132-3 Leasing of Products Special Item No. 132-8 Purchase of New Equipment Special Item No. 132-12 Equipment Maintenance Special Item No. 132-32 Term Software Licenses Special Item No. 132-33 Perpetual Software Licenses Special Item No. 132-34 Maintenance of Software as a Service Special Item No. 13240 Cloud Computing Services Special Item No. 132-50 Training Courses Special Item No. 132-51 Information Technology Professional Services Special Item No. 132-52 Electronic Commerce and Subscription Services SPECIAL ITEM NUMBER 132-3 LEASING OF PRODUCTS FSC/PSC Class W070 LEASE OR RENTAL OF EQUIPMENT-ADP EQUIPMENT/SOFTWARE/SUPPLIERS/SUPPORT EQUIPMENT Lease of Products SPECIAL ITEM NUMBER 132-8 PURCHASE OF NEW EQUIPMENT FSC CLASS 7010-SYSTEM CONFIGURATION End User Computers/Desktop Computers Professional Workstations Servers Laptop/Portable/NotebookComputers Large Scale Computers Optical and Imaging Systems Other Systems Configuration Equipment,Not Elsewhere Classified FSC CLASS 7025-INPUT/OUTPUT AND STORAGE DEVICES Printers Display Graphics,including Video Graphics,Light Pens,Digitizers,Scanners,and Touch Screens Network Equipment Other Communications Equipment Optical Recognition Input/Output Devices Storage Devices including Magnetic Storage, Magnetic Tape Storage and Optical Disk Storage Other Input/Output and Storage Devices,Not Elsewhere Classified FSC CLASS 7035-ADP SUPPORT EQUIPMENT ADP Support Equipment Page 1 carahsoft. r--� r FSC Class 7042-MINI AND MICRO COMPUTER CONTROL DEVICES Microcomputer Control Devices Telephone Answering and Voice Messaging Systems FSC CLASS 7050-ADP COMPONENTS ADP Boards FSC CLASS 5995 -CABLE,CORD,AND WIRE ASSEMBLIES: COMMUNICATIONS EQUIPMENT Communications Equipment Cables FSC CLASS 6015-FIBER OPTIC CABLES Fiber Optic Cables FSC CLASS 6020-FIBER OPTIC CABLE ASSEMBLES AND HARNESSES Fiber Optic Cable Assemblies and Harnesses FSC CLASS 6145 -WIRE AND CABLE,ELECTRICAL Coaxial Cables FSC Class 5805-TELEPHONE AND TELEGRAPH EQUIPMENT Telephone Equipment Audio and Video Teleconferencing Equipment FSC CLASS 5810-COMMUNICATIONS SECURITY EQUIPMENT AND COMPONENTS Communications Security Equipment FSC CLASS 5815-TELETYPE AND FACSIMILE EQUIPMENT Facsimile Equipment(FAX) FSC CLASS 5820-RADIO AND TELEVISION COMMUNICATION EQUIPMENT,EXCEPT AIRBORNE Two-Way Radio Transmitters/Receivers/Antennas Broadcast Band Radio Transmitters/Receivers/Antennas Microwave Radio Equipment/Antennas and Waveguides Satellite Communications Equipment FSC CLASS 5821 -RADIO AND TELEVISION COMMUNICATION EQUIPMENT,AIRBORNE Airborne Radio Transmitters/Receivers FSC CLASS 5825-RADIO NAVIGATION EQUIPMENT,EXCEPT AIRBORNE Radio Navigation Equipment/Antennas FSC CLASS 5826-RADIO NAVIGATION EQUIPMENT,AIRBORNE Airborne Radio Navigation Equipment FSC CLASS 5830-INTERCOMMUNICATION AND PUBLIC ADDRESS SYSTEMS,EXCEPT AIRBORNE Pagers and Public Address Systems(wired and wireless transmissions,including background music systems) FSC CLASS 5841 -RADAR EQUIPMENT,AIRBORNE Airborne Radar Equipment FSC CLASS 5895-MISCELLANEOUS COMMUNICATION EQUIPMENT Page 12 carahsoft. J Miscellaneous Communications Equipment - Installation(FPDS Code N070)for Equipment Offered - Deinstallation(FPDS N070) - Reinstallation(FPDS N070) NOTE: Installation must be incidental to,in conjunction with and in direct support of the products sold under SIN 132-8 of this contract and cannot be purchased separately. If the construction,alteration or repair is segregable and exceeds$2,000,then the requirements of the Davis-Bacon Act apply. In applying the Davis-Bacon Act,ordering activities are required to incorporate wage rate determinations into orders,as applicable. SPECIAL ITEM NUMBER 132-12-EQUIPMENT MAINTENANCE FSC/PSC Class J070-Maintenance and Repair Service)(Repair Parts/Spare Parts-See FSC Class for basic equipment) FSC/PSC Class J058—Maintenance and Repair of Communication Equipment SPECIAL ITEM NUMBER 132-32-TERM SOFTWARE LICENSES Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs,discussion forums,on-line help libraries and FAQs(Frequently Asked Questions),hosted chat rooms,and limited telephone,email and/or web-based general technical support for user's self-diagnostics. Software maintenance as a product does NOT include the creation,design,implementation,integration,etc.of a software package. These examples are considered software maintenance as a service—which is categorized under a difference SIN(132-34). FSC CLASS 7030-INFORMATION TECHNOLOGY SOFTWARE Large Scale Computers Operating System Software Application Software Electronic Commerce(EC)Software Utility Software Communications Software Core Financial Management Software Ancillary Financial Systems Software Special Physical,Visual,Speech,and Hearing Aid Software Microcomputers Operating System Software Application Software Electronic Commerce(EC)Software Utility Software Communications Software Core Financial Management Software Ancillary Financial Systems Software Special Physical,Visual,Speech,and Hearing Aid Software Page 3 carahsoft. NOTE: Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item's interfaces may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov. SPECIAL ITEM NUMBER 132-33-PERPETUAL SOFTWARE LICENSES Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs,discussion forums,on-line help libraries and FAQs(Frequently Asked Questions),hosted chat rooms,and limited telephone,email and/or web-based general technical support for user's self-diagnostics. Software maintenance as a product does NOT include the creation,design,implementation,integration,etc.of a software package. These examples are considered software maintenance as a service. FSC CLASS 7030-INFORMATION TECHNOLOGY SOFTWARE Large Scale Computers Operating System Software Application Software Electronic Commerce(EC)Software Utility Software Communications Software J Core Financial Management Software Ancillary Financial Systems Software Special Physical,Visual,Speech,and Hearing Aid Software Microcomputers Operating System Software Application Software Electronic Commerce(EC)Software Utility Software Communications Software Core Financial Management Software Ancillary Financial Systems Software Special Physical,Visual,Speech,and Hearing Aid Software NOTE: Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item's interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov. SPECIAL ITEM NUMBER 132-34-MAINTENANCE OF SOFTWARE AS A SERVICE Software maintenance as a service creates,designs,implements,and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate:telephone support,on- line technical support,customized support,and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C.3324. Page 14 carahsoft. SPECIAL ITEM NUMBER 132-40—CLOUD COMPUTING SERVICES Includes commercially available cloud computing services such as Infrastructure as a Service(laaS), Platform as a Service(PaaS), and Software as a Service(SaaS)and emerging cloud services. The new Cloud SIN is open to all deployment models(private,public,community or hybrid). FSC/PSC Class D305 IT AND TELECOM-TELEPROCESSING,TIMESHARE, AND CLOUD COMPUTING Cloud Computing Services SPECIAL ITEM NUMBER 132-50-TRAINING COURSES Includes training. NOTE: This SIN can only be used to offer Information Technology Training Courses. FSC/PSC Class U012 EDUCATION/TRAINING- INFORMATION TECHNOLOGY/TELECOMMUNICATIONS TRAINING r" Training Courses for Information Technology Equipment and Software SPECIAL ITEM NUMBER 132-51-INFORMATION TECHNOLOGY(IT)PROFESSIONAL SERVICES FPDS Code D301 IT Facility Operation and Maintenance FPDS Code D302 IT Systems Development Services FPDS Code D306 IT Systems Analysis Services FPDS Code D307 Automated Information Systems Design and Integration Services FPDS Code D308 Programming Services FPDS Code D310 IT Backup and Security Services FPDS Code D31 I IT Data Conversion Services FPDS Code D313 Computer Aided Design/Computer Aided Manufacturing(CAD/CAM)Services FPDS Code D316 IT Network Management Services FPDS Code D317 Creation/Retrieval of IT Related Automated News Services,Data Services,or Other Information Services(All other information services belong under Schedule 76) FPDS Code D399 Other Information Technology Services,Not Elsewhere Classified Note 1: All non-professional labor categories must be incidental to and used solely to support hardware,software and/or professional services,and cannot be purchased separately. Note 2: Offerors and Agencies are advised that the Group 70—Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include,but are not limited to,architectural,engineering,mapping,cartographic production,remote sensing,geographic information systems, and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services. Note 3: This solicitation is not intended to solicit for the reselling of IT Professional Services,except for the provision of implementation,maintenance,integration,or training services in direct support of a product. Under such circumstances the services must be performance by the publisher or manufacturer or one of their authorized agents. Page 15 carahsoft. SPECIAL ITEM NUMBER 132-52—ELECTRONIC COMMERCE AND SUBSCRIPTION SERVICES Includes value added network services,e-mail services, Internet access services,electronic subscription services,data transmission services,and emerging electronic commerce technologies. CONTRACT NUMBER: GS-35F-0119Y CONTRACT PERIOD: December 20,2011 through June 17,2017 PRICELIST CURRENT THROUGH: Modification 1065 dated March 13,2017 For more information on ordering from Federal Supply Schedules,click on the FSS Schedule button at fss.gsa.gov CONTRACTOR: Carahsoft Technology Corp. 1860 Michael Faraday Drive Suite 100 Reston VA 20190 703-871-8500(main) 703-871-8505(facsimile) www.carahsoft.com CONTRACTOR'S POINT OF CONTACT FOR CONTRACT ADMINISTRATION: Ellen Lord Contracts Manager Carahsoft Technology Corp. 1860 Michael Faraday Drive Suite 100 Reston VA 20190 703-871-8679(telephone) 703-871-8505(facsimile) Ellen.lord@carahsoft.com BUSINESS SIZE: Small CONTRACTOR INFORMATION la. TABLE OF AWARDED SPECIAL ITEM NUMBERS(SINS) SIN 132-3 Leasing SIN 132-8 Purchase of New Equipment SIN 132-12 Equipment Maintenance SIN 132-32 Term Software License SIN 132-33 Perpetual Software License SIN 132-34 Maintenance of Software as a Service SIN 13240 Cloud Computing Services SIN 132-50 Training Courses SIN 132-51 Information Technology Professional Services SIN 132-52 Electronic Commerce Services i Ib. LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN: Page 6 carahsoft. Not Applicable le. HOURLY RATES: See the Terms and Conditions for SIN 132-51 on page 47,below. 2. MAXIMUM ORDER: SIN 132-3 $500,000 SIN 132-8 $500,000 SIN 132-12 $500,000 SIN 132-32 $500,000 SIN 132-33 $500,000 SIN 132-34 $500,000 SIN 132-40 $500,000 SIN 132-50 $25,000 SIN 132-51 $500,000 SIN 132-52 $500,000 3. MINIMUM ORDER: $100 4. GEOGRAPHIC COVERAGE: Domestic and Overseas 5. POINT(S)OF PRODUCTION: Varies by Manufacturer 6. DISCOUNT FROM INTERNAL RATE: The GSA Net Prices published on the GSA Advantage website reflect the fully burdened price.The negotiated discount has been applied and the Industrial Funding Fee has been added. 7. QUANTITY DISCOUNT: Varies by Manufacturer, as reflected in GSA Advantage. 8. PROMPT PAYMENT TERMS: Net 30 Days Information for Ordering Offices: Prompt Payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions. 9. GOVERNMENT PURCHASE CARD: Accepted for sales at or below the micro-purchase threshold. Acceptance for purchases above the micro-purchase threshold will be determined on a procurement-by- procurement basis. 10. FOREIGN ITEMS: None I la. TIME OF DELIVERY: SIN 132-3 30 Days after Receipt of Order SIN 132-8 30 Days after Receipt of Order SIN 132-12 30 Days after Receipt of Order SIN 132-32 30 Days after Receipt of Order SIN 132-33 30 Days after Receipt of Order SIN 132-34 30 Days after Receipt of Order Page 7 carahsoft. SIN 132-40 30 Days after Receipt of Order SIN 132-50 30 Days after Receipt of Order SIN 132-51 30 Days after Receipt of Order SIN 132-52 30 Days after Receipt of Order I Ib. EXPEDITED DELIVERY: Please contact the Contractor for availability and rates. I lc. OVERNIGHT AND 2-DAY DELIVERY: Please contact the Contractor for availability and rates. I Id. URGENT REQUIRMENTS: Agencies can contact the Contractor's representative to affect a faster delivery.Customers are encouraged to contact the contractor for the purpose of requesting accelerated delivery. 12. FOB POINT: Destination 13a. ORDERING ADDRESS: Karina Woods Operations Manager Carahsoft Technology Corp. 1860 Michael Faraday Drive Suite 100 Reston VA 20190 703-871-8519(telephone) 703-871-8505(facsimile) gsaorders@carahsoft.com 13b. ORDERING PROCEDURES: For supplies and services, the ordering procedures and information on Blanket Purchase Agreements(BPA's) are found in Federal Acquisition Regulation(FAR)8.405-3. 14. PAYMENT ADDRESS: Jillian Szczepanek Accounts Receivable Carahsoft Technology Corp. 1860 Michael Faraday Drive Suite 100 Reston VA 20190 703-871-8614(telephone) 703-871-8505(facsim ile) gsapayments@carahsoft.com 15. WARRANTY PROVISION: Varies by Manufacturer and Product/Service 16. EXPORT PACKING CHARGES: Not Applicable i Page 8 carahsoft. 17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE: Please contact the Contractor for terms and conditions of acceptance. 18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE,AND REPAIR(IF APPLICABLE): Not Applicable 19. TERMS AND CONDITIONS OF INSTALLATION: Not Applicable 20. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS AND ANY DISCOUNTS FROM LIST PRICES(IF AVAILABLE): Not Applicable 20a. TERMS AND CONDITIONS FOR ANY OTHER SERVICES: Not Applicable 21. LIST OF SERVICE AND DISTRIBUTION POINTS:Not Applicable 22. LIST OF PARTICIPATING DEALERS: See Attachment 1 beginning on page 45, below. 23. PREVENTIVE MAINTENANCE:None 24a. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES(e.g. recycled content,energy efficiency,and/or reduced pollutants): None 24b. SECTION 508 COMPLIANCE FOR ELECTRONIC and INFORMATION TECHNOLOGY: Varies by Manufacturer. 25. DATA UNIVERSAL NUMBER SYSTEM (DUNS)NUMBER: 088365767 26. NOTIFICATION REGARDING REGISTRATION IN SYSTEM FOR AWARD MANAGEMENT (SAM) DATABASE: Contractor has an Active Registration in the SAM database. 27. LABOR CATEGORY DESCRIPTIONS and PRICING: See the Terms and Conditions for SIN 132-51 beginning on page 47,below. 28. NON-DEFECTIVE PRODUCT RETURNS Products are eligible for return or replacement within 30 days of invoice. New and unopened product return requests received more than 30 days after invoice are considered to be out of policy return requests.These type requests will be considered on a case-by-case basis. Any applicable shipping costs to be paid by the customer. Page 19 carahsoft 01� � 11r, LEASE 'TYPES The ordering activity will consider proposals for the following lease types: a. Lease to Ownership, b. Lease with Option to Own, and c. Step Lease. Orders for leased products must specify the leasing type. OPTION 1; 1. STATEMENT a. It is understood by all parties to this contract that orders issued under this SIN shall constitute a. lease arrangement. Unless the ordering activity intends to obligate other than annual appropriations to fund the lease,the base period ofthe ]case is from the date ofthe product acceptance through September 30 of the fiscal year in which the order is placed.. b. Agencies are advised to follow tlae guidance provided in Federal Acquisition Regulation (FAR) Subpart 7.4 product (.,case or Purchase and OMI3 Circular A-1 1. Agencies are responsible for the obligation of'funding consistent with all applicable legal principles when entering into any lease arrangement. 2, FUNDING AND PERIODS O1= LEASING ARRANGEIMEINTS a. Annual Funding. When annually appropriated funds are cited on an order for leasing,the fallowing applies: (1) The base period of an order for any lease executed by the ordering activity shall be for the duration of the fiscal year. All ordering activity renewal options under the lease shall be specified in the delivery order. All orders I'or leasing shall remain in effect through September 30 of the fiscal year or the planned expiration date of°the lease, whichever is earlier, unless the ordering activity exercises its rights hereunder to acquire title to the product prior to the planned expiration date or unless the ordering activity exercise its right to terminate under FAR 52.212-4.. Orders under the lease shall not be deemed to obligate succeeding fiscal year"s funds or to otherwise commit the ordering activity to a renewal. (2) All orders for leasing shall automatically terminate on September 30, unless the ordering activity notifies the Contractor in writing thirty (30) calendar days prior to the expiration of such orders of the ordering,activity's intent to renew. Such notice to renew shall not bead the ordering activity. The ordering activity has the option to renew each year at the original rate in effect at the time the order is placed. This rate applies for the duration of tlae order. If the ordering activity exercises its option to renew, the renewal order, shall be issued within 15 days after- funds become available for obligation by the ordering activity, or as specified in the initial order. No termination flues shall apply if the ordering activity does not exercise an option. b. Crossing Fiscal 'years Within Contract Period. Where an ordering activity has specific authority to Page 110 carahsoft. cross fiscal years with annual appropriations,the ordering activity may place an order under this option to lease product for a period up to the expiration of its period of appropriation availability,or twelve months, whichever occurs later, notwithstanding the intervening fiscal years. 3. DISCONTINUANCE AND TERMINATION Notwithstanding any other provision relating to this SIN,the ordering activity may terminate products leased under this agreement,at any time during a fiscal year in accordance with the termination provisions contained in FAR 52.212-4.(1)Termination for the ordering activity's convenience, or(m)Termination for cause. Additionally, no termination for cost or fees shall be charged for non-renewal of an option. OPTION 2 To the extent an Offeror wishes to propose alternative lease terms and conditions that provide for lower discounts/prices based on the ordering activity's stated intent to fulfill the projected term of a lease including option years,while at the same time including separate charges for early end of the lease,the following terms apply. These terms address the timing and extent of the ordering activity's financial obligation including any potential charges for early end of the lease. 1. LEASING PRICE LIST NOTICE: "The ordering activity is responsible for the obligation of funds consistent with applicable law. Agencies are advised to review the lease terms and conditions contained in this price list prior to ordering and obligating funding for a lease." 2. STATEMENT OF ORDERING ACTIVITY INTENT: a. The ordering activity and the Contractor understand that a delivery order issued pursuant to this SIN is a lease arrangement and contemplates the use of the product for the term of the lease specified in such delivery order(the"Lease Term"). In that regard, the ordering Activity, as lessee, understands that the lease provisions contained herein and the rate established for the delivery order are premised on the ordering Activity's intent to fulfill that agreement, including acquiring products for the period of time specified in the order. Each lease hereunder shall be initiated by a delivery order which shall,either through a statement of work or other attachment, specify the product being leased,and the required terms of the transaction. b. Each ordering activity placing a delivery order under the terms of this option intends to exercise each renewal option and to extend the lease until completion of the Lease Term so long as the need of the ordering activity for the product or functionally similar product continues to exist and funds are appropriated.Contractor may request information from the ordering activity concerning the essential use of the products. 3.LEASE TERM: a. The date on which the ordering activity accepts the products is the Commencement Date of the lease. For acceptance to occur,the products must operate in accordance with the product's published specifications and statement of work. Acceptance shall be in accordance with the terms of the contract or Page 111 carahsoft. as otherwise negotiated by the ordering activity and the Contractor. b. Any lease is executed by the ordering activity on the basis that the known requirement for such product exceeds the initial base period of the delivery order, which is typically 12 months, or for the remainder of the fiscal year. Pursuant to FAR 32.703-3(b),delivery orders with options to renew that are funded by annual (fiscal year)appropriations may provide for initial base periods and option periods that cross fiscal years as long as the initial base period or each option period does not exceed a 12 month period. Defense agencies must also consider DOD FAR supplement(DFAR)232.703-3(b) in determining whether to use cross fiscal year funding. This cross fiscal year authority does not apply to multi-year leases. C. The total Lease Term will be specified in each delivery order, including any relevant renewal options of the ordering activity. All delivery orders, whether for the initial base period or renewal period, shall remain in effect through September 30 of the fiscal year(unless extended by statute),through any earlier expiration date specified in the delivery order, or until the ordering activity exercises its rights hereunder to acquire title to the product prior to such expiration date.The ordering activity,at its discretion, may exercise each option to extend the term of the lease through the lease term. Renewal delivery orders shall not be issued for less than all of the product and/or software set forth in the original delivery order. Delivery orders under this SIN shall not be deemed to obligate succeeding fiscal year funds.The ordering activity shall provide the Contractor with written notice of exercise of each renewal option as soon as practicable. Notice requirements may be negotiated on an order-by-order basis. d. Where an ordering activity's specific appropriation or procurement authority provides for contracting beyond the fiscal year period,the ordering activity may place a delivery order for a period up to the expiration of the Lease Term,or to the expiration of the period of availability of the multi-year appropriation, or whatever is appropriate under the applicable circumstance. 4. LEASE TERMINATION: a. The ordering activity must elect the Lease Term of the relevant delivery order.The Contractor (and assignee, if any)will rely on the ordering activity's representation of its intent to fulfill the full Lease Term to determine the monthly lease payments calculated herein. (1)The ordering activity may terminate or not renew leases under this option at no cost,pursuant to a Termination for Non-Appropriation as defined herein(see paragraph(c) below). In any other event,the ordering activity's contracting officer may either terminate the relevant delivery order for cause or Termination for Convenience in accordance with FAR 52.212-4 paragraphs(1)and (m). (2)The Termination for Convenience at the end of a fiscal year allows for separate charges for the early end of the lease (see paragraph(d) below). In the event of termination for the convenience of the ordering activity,the ordering activity may be liable only up to the amount beyond the order's Termination Ceiling. Any termination charges calculated under the Termination for Convenience clause must be determined or identified in the delivery order or in the lease agreement. b. Termination for Convenience of the Ordering Activity: Leases entered into under this option may not be terminated except by the ordering activity's contracting office responsible for the delivery order in accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items, paragraph (1), Termination for Convenience of the ordering activity. The costs charged to the ordering activity as the -' result of any Termination for Convenience of the ordering activity must be reasonable and may not exceed Page 112 carahsoft. the sum of the fiscal year's payment obligations less payments made to date of termination plus the Termination Ceiling. C. Termination for Non-Appropriation: The ordering activity reasonably believes that the bona fide need will exist for the entire Lease Term and corresponding funds in an amount sufficient to make all payment for the lease Term will be available to the ordering activity. Therefore, it is unlikely that leases entered into under this option will terminate prior to the full Lease Term.Nevertheless,the ordering activity's contracting officer may terminate or not renew leases at the end of any initial base period or option period under this paragraph if(a) it no longer has a bona fide need for the product or functionally similar product; or(b)there is a continuing need,but adequate funds have not been made available to the ordering activity in an amount sufficient to continue to make the lease payments. If this occurs,the ordering activity will promptly notify the Contractor,and the product lease will be terminated at the end of the last fiscal year for which funds were appropriated. Substantiation to support a termination for non- appropriation shall be provided to the Contractor upon request. d. Termination Charges: At the initiation of the lease,termination ceilings will be established for each year of the lease term. The termination ceiling is a limit on the amount that a Contractor may be paid by the ordering activity on the Termination for Convenience of a lease. No claim will be accepted for future costs: supplies,maintenance, usage charges or interest expense beyond the date of termination. In accordance with the bona fide needs rule,all termination charges must reasonably represent the value the ordering activity received for the work performed based upon the shorter lease term. No Termination for Convenience costs will be associated with the expiration of the lease term. e. At the order level,the ordering activity may, consistent with legal principles, negotiate lower monthly payments or rates based upon appropriate changes to the termination conditions in this section. ************************************************************************************* LEASE PROVISIONS COMMON TO ALL TYPES OF LEASE AGREEMENTS 1. ORDERING PROCEDURES: a. When an ordering activity expresses an interest in leasing a product(s), the ordering activity will provide the following information to the prospective Contractor: (1) Which product(s)is(are)required, including applicable Energy Star or Electronic Product Environmental Assessment Tool (EPEAT)requirements. (2) The required delivery date. (3) The proposed lease plan and term of the lease. (4) Where the product will be located. (5) Description of the intended use of the product. (6) Source and type of appropriations to be used. b. The Contractor will respond with: (1) Whether the Contractor can provide the required product. (2) The estimated residual value of the product(Lease with Option to Own and Step Lease only). �. (3) The monthly payment based on the rate. Page 113 carahsoft. (4) The estimated cost, if any, of applicable State or local taxes. State and local personal property taxes are to be estimated as separate line items in accordance with FAR 52.229-1, which may be identified and added to the monthly lease payment. (5) A confirmation of the availability of the product on the required delivery date. (6) Extent of warranty coverage, if any, of the leased products.(vii)The length of time the quote is valid. C. The ordering activity may issue a delivery order to the Contractor based on the information set forth in the Contractor's quote. In the event that the ordering activity does not issued a delivery order within the validity period stated in the Contractor's quote letter,the quote shall expire. 2. ASSIGNMENT OF CLAIMS: GSAR 552.232-23, Assignment of Claims, is incorporated herein by reference as part of these lease provisions. The ordering activity's contracting officer will acknowledge the assignment of claim for a I e a s e in accordance with FAR 32.804-5.The extent of the assignee's protection is in accordance with FAR 32.804. Any setoff provision must be in accordance with FAR 32.803. 3. PEACEFUL POSSESSION AND UNRESTRICTED USE: In recognition of the types of products available for lease and the potential adverse impact to the ordering activity's mission,the ordering activity's quiet and peaceful possession and unrestricted use of the product shall not be disturbed in the event the product is sold by the Contractor,or in the event of bankruptcy of the Contractor,corporate dissolution of the Contractor,or other event.The product shall remain in the possession of the ordering activity until the expiration of the lease. Any assignment, sale, bankruptcy, or other transfer of the leased product by the Contractor will not relieve the Contractor of its obligations to the ordering activity, and will not change the ordering activity's duties or increase the burdens or risks imposed on the ordering activity. 4. COMMENCEMENT OF LEASE: The date on which the ordering activity accepts the products is the Commencement Date of the lease. Acceptance is as defined elsewhere in the contract, or as further specified in the order. 5. INSTALLATION AND MAINTENANCE: a. Installation and Maintenance, when applicable,normally are not included in the charge for leasing. The Contractor may require the ordering activity to obtain installation and maintenance services from a qualified source.The ordering activity may obtain installation and/or maintenance on the open market, from the Contractor's schedule contract, or from other sources. The ordering activity may also perform installation and/or maintenance in house, if qualified resources exist. In any event, it is the responsibility of the ordering activity to ensure that maintenance is in effect for the Lease term for all products leased. b. When installation and/or maintenance are ordered under this schedule to be performed by the Contractor,the payments,terms and conditions as stated in this contract apply. The rates and terms and conditions in effect at the time the order is issued shall apply during any subsequent renewal period of the lease. The maintenance rates and terms and conditions may be added to the lease payments with mutual agreement of the parties. Page 114 carahsoft. 4.i 6. MONTHLY PAYMENTS: a. Prior to the placement of an order under this Special Item Number,the ordering activity and the Contractor must agree on a"base value" for the products to be leased. For Lease to Ownership(Capital Lease)the base value will be the contract purchase price(less any discounts). For Lease with Option to Own(Operating Lease), the base value will be the contract purchase price(less any discounts), less a mutually agreed upon residual value(pre-stated purchase option price at the conclusion of the lease) for the products.The residual value will be used in the calculation of the original lease payment, lease extension payments,and the purchase option price. b. To determine the initial lease term payment,the Contractor agrees to apply the negotiated lease factor to the agreed upon base value: 800 Basis Points For Example: Lease factor one(1) percent over the rate for the three year(or other term)Treasury Bill (T- bill)at the most current U. S.Treasury auction. The lease payment may be calculated by using a programmed business calculator or by using"rate" functions provided in commercial computer spreadsheets(e.g., Lotus 1-2-3, Excel). C. For any lease extension,the extension lease payment will be based on the original residual value, in lieu of the purchase price. The ordering activity and the Contractor shall agree on a new residual value based on the estimated fair market price at the end of the extension.The formula to determine the lease payment will be that in 6.b.above. d. The purchase option price will be the fair market value of the product or payment will be based upon the unamortized principle,as shown on the payment schedule as of the last payment prior to date of transfer of ownership,whichever is less. NOTE: At the order level,ordering activity may elect to obtain a lower rate for the lease by setting the purchase option price as either,the fair market value of the product or unamortized principle.The methodology for determining lump sum payments may be identified in the pricelist. e. The point in time when monthly rates are established is subject to negotiation and evaluation at the order level. In the event the ordering activity desires, at any time,to acquire title to product leased hereunder,the ordering activity may make a one-time lump sum payment. 7. LEASE END/DISCONTINUANCE OPTIONS: a. Upon the expiration of the Lease Term, Termination for Convenience,or Termination for Non- Appropriation,the ordering activity will return the Product to the Contractor unless the ordering activity by 30 days written notice elects either: (1)to purchase the product for the residual value of the product,or (2)to extend the term of the Lease,as mutually agreed.To compute the lease payment,the residual value from the preceding lease shall be the initial value of the leased product. A new residual value shall be negotiated for the extended lease and new lease payments shall be = computed. Page 115 carahsoft. b. Relocation -The ordering activity may relocate products to another location within the ordering activity with prior written notice.No other transfer, including sublease, is permitted. Ordering activity shall not assign, transfer or otherwise dispose of any products, or any interest therein, or crate or suffer any levy, lien or encumbrance then except those created for the benefit of Contractor or its assigns. c. Returns: (1) Within fourteen(14)days after the date of expiration,non-renewal or termination of a lease, t h e ordering activity shall, at its own risk and expense, have the products packed for shipment in accordance with manufacturer's specifications and return the products to Contractor at the location specified by Contractor in the continental US, in the same condition as when delivered,ordinary wear and tear excepted. Any expenses necessary to return the products to good working order shall be at ordering activity's expense. (2)The Contractor shall conduct a timely inspection of the returned products and within 45 days of the return,assert a claim if the condition of the product exceeds normal wear and tear. (3) Product will be returned in accordance with the terms of the contract and in accordance with Contractor instruction. (4)With respect to software,the ordering activity shall state in writing to the Contractor that it has: (i) deleted or disabled all files and copies of the software from the equipment on which it was installed; (ii)returned all software documentation,training manuals,and physical media on which the software was delivered;and (iii) has no ability to use the returned software. 8. UPGRADES AND ADDITIONS: a. The ordering activity may affix or install any accessory,addition, upgrade,product or device on the product("additions")provided that such additions: (1) can be removed without causing material damage to the product; (2)do not reduce the value of the product; and (3) are obtained from or approved by the Contractor,and are not subject to the interest of any third party other than the Contractor. b. Any other additions may not be installed without the Contractor's prior written consent. At the end of the lease term,the ordering activity shall remove any additions which: (1)were not leased from the Contractor, and (2) are readily removable without causing material damage or impairment of the intended function, use, or value of the product,and restore the product to its original configuration. C. Any additions that are not so removable will become the Contractor's property(lien free). d. Leases of additions and upgrades must be co-terminus with that of the product. 9. RISK OF LOSS OR DAMAGE: The ordering activity is relieved from all risk of loss or damage to the product during periods of transportation, installation, and during the entire time the product is in possession of the ordering activity, except when loss or damage is due to the fault or negligence of the ordering activity. The ordering activity shall assume risk of loss or damage to the product during relocation,(i.e., moving the product from one Page 116 carahsoft. �.J ordering activity location to another ordering activity location), unless the Contractor shall undertake such relocation. 10. TITLE: During the lease term, product shall always remain the property of the Contractor. The ordering activity shall have no property right or interest in the product except as provided in this leasing agreement and shall hold the product subject and subordinate to the rights of the Contractor. Software and software licenses shall be deemed personal property. The ordering activity shall have no right or interest in the software and related documentation except as provided in the license and the lease. Upon the Commencement Date of the Lease Term, the ordering activity shall have an encumbered license to use the software for the Lease Term. The ordering activity's encumbered license rights in the software will be subject to the same rights as provided to a purchaser of a license under the terms of this contract except that the ordering activity will not have an unencumbered, paid-up license until it has made all lease payments for the full Lease Term in the case of an Lease To Ownership or has otherwise paid the applicable purchase option price. 11. TAXES: The lease payments, purchase option prices,and interest rates identified herein exclude all state and local taxes levied on or measured by the contract or sales price of the product furnished hereunder.The ordering activity will be invoiced for any such taxes as Contractor receives such tax notices or assessments from the applicable local taxing authority. Pursuant to the provisions of FAR 52.229-1 (Deviation—May 2003), State and Local Taxes,the ordering activity agrees to pay tax or provide evidence necessary to support an exemption from the tax. 12. OPTION TO PURCHASE EQUIPMENT(FEB 1995)(FAR 52.207-5) a. The Government may purchase the equipment provided on a lease or rental basis under this contract.The Contracting Officer may exercise this option only by providing a unilateral modification to the Contractor.The effective date of the purchase will be specified in the unilateral modification and may be any time during the period of the contract, including any extensions thereto. b. Except for final payment and transfer of title to the Government,the lease or rental portion of the contract becomes complete and lease or rental charges shall be discontinued on the day immediately preceding the effective date of purchase specified in the unilateral modification required in paragraph (a) of this clause. C. The purchase conversion cost of the equipment shall be computed as of the effective date specified in the unilateral modification required in paragraph(a)of this clause, on the basis of the purchase price set forth in the contract, minus the total purchase option credits accumulated during the period of lease or rental, calculated by the formula contained elsewhere in this contract. d. The accumulated purchase option credits available to determine the purchase conversion cost will also include any credits accrued during a period of lease or rental of the equipment under any previous Government contract if the equipment has been on continuous lease or rental.The movement of equipment from one site to another site shall be"continuous rental." Page 117 carahsoft. OPTIONAL SUPPLEMENTAL LEASE TERMS As authorized by Option 2 of SIN 132-3, Carahsoft proposes the following Supplemental Lease Terms for ordering office consideration: BASE INTEREST RATES (The Base Interest Rate provided below is a GSA Rate Cap based on the governing Treasury Rate at the date of this Quotation and may be higher than represented by the Lease Rate Factor(s)above.). *You may be in a jurisdiction that collects Personal Property Taxes on Leased equipment. The estimated amount indicated above is based on historical averages for the"Ship to"location reflected on your Product quote and is provided for budgeting purposes.This average is subject to change based on the jurisdiction where the Product will be located. In accordance with the GSA Schedule,the lease rates do not include this tax and you are responsible for its payment o r for producing waiver from payment. If Personal Property Taxes are due by the Government to Carahsoft,or its assignee, and the Government has not provided a waiver from payment, Carahsoft, or its assignee, may request a Modification to the Contract to include the applicable tax charges and supply the Government with a periodic invoice. Payment will be due within 30 days from the invoice date. Supplemental Terms and Conditions There are in addition to the terms and conditions included in Carahsoft's GSA Contract#GS- 3517- 0119Y. The ordering office is responsible for the obligation of funds consistent with applicable law. Agencies are advised to review the lease terms and conditions contained in this quote prior to ordering and obligating funding for a lease. 1. Base Interest Rates in the GSA Leasing Terms and Conditions are indexed to Treasury constant maturities as quoted in the Federal Statistical Release H.15 (519)as of the preceding date closest to the date of the Lease Quote. 2. This Lease quote is valid for thirty(30)days from the date of the Lease Quote. In the event an order is not issued by the Government within such thirty(30)days,Carahsoft reserves the right to requote the lease pricing or extend the original quote in writing.The Delivery Order issued to initiate a lease based on this Lease Quote must be in compliance with GSA SIN 132-3, Option 2, of the referenced GSA Contract. A lease order issued hereunder is subject to Carahsoft acceptance and/or Carahsoft's credit approval. 3. The Government agrees that early termination is highly unlikely because the acquisition, quantity and use of the involved Products are deemed to be essential to its operations and will complete an Essential Use Certificate to that effect if required by Lessor. Further,the Government reasonably believes that funds in an amount sufficient to make all payments during the Lease Term can be obtained and agrees to take all reasonable positive action to obtain and maintain such funds. This proposed lease is subject to Credit Approval by the Lessor's Credit Review Committee Except for any maintenance- responsibilities included in the Lease,the Government agrees that, by accepting the Lease and providing the Product for the Government's use, Carahsoft has fully performed its obligation under the Lease. 4. Termination for Convenience of the Government: Leases entered into under this option may not Page 118 carahsoft. be terminated except by the ordering offce's contracting officer responsible for the delivery order in accordance with FAR 52.212-4,Contract Terms and Conditions- Commercial Items, paragraph(1),Termination for Convenience of the Government. In the event of a Termination for Convenience of the Government, the Government will promptly pay Carahsoft,or its assignee, the following: i)the sum of the current fiscal year's payment obligations, including any applicable taxes and late fee's, less any payments made to the date of termination; plus ii)the Termination Ceiling, which will be the present value of the remaining Lease Payments over the Lease Term discounted at the like-term Treasury yield% used to calculate the periodic Lease Payments, interpolated to the number of months remaining in the Lease Term, plus any unpaid taxes or other charges then due. 5. Notwithstanding the provisions of SIN 132-3, for Leases with the Option to Own - Fair Market Value end of lease purchase option,the purchase option available to the Government at the end of the Lease Term shall be based on the then current Fair Market Value.The Government understands that it accrues no equity or partial ownership to the Products by virtue of Lease Payments paid hereunder.The Fair Market Value shall be determined by Carahsoft,or its assignee,on the basis of and shall be the value which would be obtained in an arm's length transaction between an informed and willing buyer and an informed and willing seller under no compulsion by either party to perform the transaction. 6. Carahsoft, or its assignee, will invoice, and the Government agrees to pay such periodic Lease payments in accordance with Section 2/Payment Schedule as incorporated in your Lease Quote, prior to the beginning of the period for which the charges accrue. For Prompt Payment Act provisions, all invoices are due upon receipt of invoice, and are payable not later than the payment due date listed on the invoice or the 30th day from the start of the payment period in accordance with the Prompt Payment Act provisions 5 CFR Part 1315.4g and FAR 52.232-25. Prompt Payment Act(1315.10) interest penalties shall apply for all payments not made in accordance with this clause. 7. Products may only be terminated at the Delivery Order level in accordance with the termination provisions set forth in SIN 132-3. In the event the Government exercises its right to terminate a lease under SIN 132-3,the Government shall be required to return all the Products included in the Delivery Order to Contractor in accordance with the return provisions set forth therein. The end of lease purchase option is available to the Government only upon satisfaction of all payment obligations for the full Lease Term and is not applicable to a lease termination prior to the end of the Lease Term. 8. It is the Government's intent to exercise each renewal option and to extend the lease until completion of the Lease Term provided the needs of the Government for the Products or functionally similar Products continue to exist. Accordingly,the Government shall not replace the Products leased under this delivery order with functionally similar Products during the Lease Term specified in the delivery order. . For purposes of this clause, replacement includes reverting to the means by which the Government met the bona fide functional need before the Government issued the Order. 9. In the event you are of the opinion that any charges or credits on an invoice are not billed properly, the Government will promptly pay the portion of the invoice not in question and immediately provide Carahsoft, or its assignee, with detailed written notice of the items in question. Page 119 carahsoft. 10. 10. To the extent permitted by the Agency, Federal Acquisition Regulation("FAR") supplement of the ordering office, FAR Clause 52.232-23, Assignment of Claims, Alternate I, is hereby incorporated by reference. Payments to an Assignee of any amounts due or to become due under this lease, shall not,to the extent specified in the Act, be subject to reduction or setoff. 11. Purchase Option- In the event the Government wishes to buy-out the lease at any time, during or at the end of the Lease Tenn,the Government will be required to pay a lump sum amount equal to the present value of all outstanding Lease Payments discounted at the rate of Treasury Constant Maturities as published in the Federal Reserve statistical release H.15 in effect at the time of the original order, interpolated to the number of months remaining in the Lease Term, plus any applicable end of lease purchase option, Fair Market Value or pre-stated purchase option price, and any unpaid taxes or other charges then due. The election to purchase at the end of the Lease Term shall require purchase of all of the leased Products included in the Delivery Order.The end of the lease option elected by the Government shall be the same for all of the Products included in the Delivery Order. 12. Form of Payment: The Government will pay Carahsoft,or its assignees, by Electronic Funds Transfer(EFT),wire or check.No credit cards will be allowed as a form of payment under this lease agreement. 13. Acceptance: Acceptance shall occur on the first day after delivery of the product to the Government. 14. Risk of Loss:The Government assumes and shall bear the entire risk of loss and damage, whether or not insured against,to the Products from any and every cause whatsoever from the date the Products are delivered to the Government's ship to location until the Products are either returned to the Contractor's designated return location or purchased by the Government,except for any loss or injury resulting from the negligence or fault of Contractor. No loss or damage to the Products or any part thereof shall impair any obligation of the Government under the relevant Order, including but not limited to the Government's obligation to make payments under such Order, which obligations shall continue in full force and effect. In the event of loss or damage of any kind to any Products,the Government, at the Government's option, shall: (i) Place the same in good repair, condition and working order to the satisfaction of Contractor within 40 days of such loss or damage; or(ii) Pay Contractor the amount equivalent to the Purchase Option price calculated as described in Paragraph 10 above. 15. Title: During the Lease Term, Products shall always remain the property of the Contractor. The Government shall have no property right or interest in the Products except as provided herein and shall hold the Products subject and subordinate to the rights of the Contractor. Software and software licenses shall be deemed personal property.The Government shall have no right or interest in the software and related documentation except as provided in the license and the lease. Upon the Commencement Date of the Lease Tenn,the Government shall have an encumbered license to use the software for the Lease Tenn. The Government's encumbered license rights in the software will be subject to the same rights as provided to a purchaser of a license under the terms of this contract except that the Government will not have an unencumbered, paid-up license until it has paid the applicable purchase option price. Unless otherwise agreed to in writing by the parties, the above supplements Carahsoft's GSA SIN 132-3 and apply to any lease entered into by the parties. Page120 carahsoft 1. MATERIAL AND WORKMANSHIP All equipment furnished hereunder must satisfactorily perform the function for which it is intended. 2. ORDER Written orders, EDl orders(GSA Advantage! and FACN T'),credit card orders,and orders placed under blanket purchase agreements(BPA)agreements shall be the basis for purchase in accordance with the provisions of this contract. Iftime of delivery extends beyond the expiration date of the contract,the Contractor will be obligated to meet the delivery and installation date specified in the original order. For credit card orders and BPAs,telephone orders are permissible. 3. TRANSPORTATION OF EQUIPMENT FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract. 4. INSTALLATION AND TECHNICAL SERVICE'S a. INSTALLATION, When the equipment provided under this contract is not normally self-installable,the Contractor's technical personnel shall be available to the ordering activity,at the ordering activity's location,to install the equipment and to train ordering activity personnel in the use and maintenance ofthe equipment. The charges, if any, far such services are listed below, or in tiwe price schedule: Please Refer to GSAADVANT°AGIHI! For Specific Information Regarding Installation b. INSTALLATION,DEINSTAL.LATION,REINSTALLATION. The Davis-Macon Act(40 U.S.C.276a- 276a-7)provides that contracts in excess of$2,000 to which the United.States or the District of Columbia is a party f o r construction,alteration,or repair(including painting and decorating)of public buildings or public works with the United States,shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall receive less than tine prevailing wage rates as determined by the Secretary of Labor, T'he requirements ofthc Davis- Bacon Act(lo not apply if the construction work is incidental to the funnishing of supplies,equipment,or services. For example,the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, ifthe construction,alteration or repair is segregable and exceeds$2,000,then the requirements of the Davis-Bacon Act apply. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the tirne a request for quotations is made for applicable construction classified installation,de installation,and reinstallation services under SIN 132-8 or SIN 132-9. C. OPERATING AND M AINT ENANCI; MANUAI..S. The Contractor shall furnish the ordering activity with one(1)copy of all operating and maintenance manuals which are normally provided with the equipment being purchased. S. INSPECTIONIACCEI)'I-ANCE The Contractor shall only tender for acceptance those items that conform to the requirerents of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. Tile ordering activity may require repair or replacement of non con forming equipment at no increase in contract price. Past~ 1 ?z carahsoft. The ordering activity must exercise its postacceptance rights(1)within a reasonable time after the defect was discovered or should have been discovered;and(2)before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 6. WARRANTY a. Unless specified otherwise in this contract,the Contractor's standard commercial warranty as stated in the contract's commercial pricelist will apply to this contract. Please Refer to GSAADVANTAGE! For Specific Information Regarding Warranty b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. C. Limitation of Liability. Except as otherwise provided by an express or implied warranty,the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant,the address is as follows: Carahsoft Technology Corporation 1860 Michael Faraday Dr.,Suite 100 Reston,VA 20190 7. PURCHASE PRICE FOR ORDERED EQUIPMENT The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement,or the ordering activity purchase price in effect on the installation date(or delivery date when installation is not applicable),whichever is less. 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances,and regulations(Federal,State,City or otherwise)covering work of this character,and shall include all costs,if any,of such compliance in the prices quoted in this offer. 9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT When an ordering activity determines that Information Technology equipment will be replaced,the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation(FAR),the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations(FPMR)(41 CFR 101-43.6),and the policies and procedures on exchange/sale contained in the FPMR(41 CFR part 101-46). Page 122 carahsof't, I 11111S)11111� Jill py Nam I, SERVICE AREAS a. The maintenance and repair service rates listed herein are applicable to any ordering activity location within a 25 mile radius ofthe Contractor's,service points. if any additional charge is to apply because ofthe greater distance frorn the Contractor's service locations„the mileage rate or other distance factor shall be negotiated at the Task Order level. b. When repair services cannot be performed at the ordering activity installation site,the repair services will be performed at the Contractor's plant(s) listed below: Carahsoft°T`echnology Corporation 1860 Michael faraday Dr., Suite 100 Reston, VA 20190 Or,manufacturer support center as listed on the order 2. MAINTENANCE ORDER a. Agencies may use written orders, EDI orders,credit card orders,or BPAs, for ordering maintenance under this contract. The Contractor:shall confirm orders within fifteen(15)calendar days frorn the date of receipt,except that confirraration of orders shall be considered automatic fir renewals for maintenance(Special Itenw Number 132- 12). Automatic acceptance of order renewals for maintenance service shall apply for ,machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. if the order is not confirmed by the Contractor as prescribed by this paragraph,the order shall be considered to be confirmed by tlae Contractor. b. The Contractor shall honor orders for maintenance for the duration of the contract period or a lessor period oftime, for the equipment shown in the pricelist. Maintenance service shall commence on a mutually agreed upon date,which will be written into the maintenance order. Maintenance carders shall not be made effective before the expiration ofany applicable maintenance and parts guarantee/warranty period associated with the purchase of` equipment. Orders for maintenance service shall not extend beyond the cut]ofthe contract period. C. Maintenance may be discontinued by tlae ordering activity on thirty(30)calendar days written notice, or shorter notice when agreed to by the Contractor;such notice to become effective thirty(30)calendar days from tine date on the notification. However,the ordering activity may extend tlae original discontinuance date upon written notice to the Contractor,provided that such notice is furnished at least ten (10)calendar days prior to the original discontinuance date. d. Annual I°trnding. When annually appropriated funds are cited on a maintenance order,the period of maintenance shall automatically expire on September 30th ofthe contract period,or at the end ofthe contract period,whichever occurs first, renewal of a maintenance order citing the new appropriation shall be required, if maintenance is to continue during any remainder of tlae contract period. e. Cross-year Funding Within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month, fiscal year period,the ordering activity may place an order under this Cage 123 carahsoft. schedule contract for a period up to the expiration of the contract period,notwithstanding the intervening fiscal years. f. Ordering activities should notify the Contractor in writing thirty(30)calendar days prior to the expiration of maintenance service,if maintenance is to be tenninated at that time. Orders for continued maintenance will be required if maintenance is to be continued during the subsequent period. 3. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS a. Agencies may use written orders,EDI orders,credit card orders,blanket purchase agreements(BPAs),or small order procedures for ordering repair service and/or repair parts/spare parts under this contract. Orders for repair service shall not extend beyond the end of the contract period. b. When repair service is ordered,only one chargeable repairman shall be dispatched to perform repair service, unless the ordering activity agrees,in advance,that additional repair personnel are required to effect repairs. Repair service and repair parts/spare parts are not available under the scope of this contract. 4. LOSS OR DAMAGE When the Contractor removes equipment to his establishment for repairs,the Contractor shall be responsible for any damage or loss,from the time the equipment is removed from the ordering activity installation,until the equipment is returned to such installation. 5. SCOPE a. The Contractor shall provide maintenance for all equipment listed herein,as requested by the ordering activity during the contract term. Repair service and repair parts/spare parts shall apply exclusively to the equipment types/models within the scope of this Information Technology Schedule. b. Equipment placed under maintenance service shall be in good operating condition. �..� (1) In order to determine that the equipment is in good operating condition,the equipment shall be subject to inspection by the Contractor,without charge to the ordering activity. (2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the Contractor,if the equipment was under the Contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order. (3) If the equipment was not under the Contractor's responsibility,the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity, in accordance with the provisions of Special Item Number 132-12(or outside the scope of this contract). 6. RESPONSIBILITIES OF THE ORDERING ACTIVITY a. Ordering activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of a maintenance order,unless agreed to by the Contractor. b. Subject to security regulations,the ordering activity shall permit access to the equipment which is to be maintained or repaired. C. If the Ordering Activity desires a factory authorized/certified service personnel then this should be clearly stated in the task or delivery order. 7. RESPONSIBILITIES OF THE CONTRACTOR a. For equipment not covered by a maintenance contract or warranty,the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required. Within the service areas,this repair service should normally be done within 4 hours after notification. b. If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel then the Contractor is obligated to provide such a factory authorized/certified service personnel for the equipment to be !>' repaired or serviced,unless otherwise agreed to in advance between the Agency and the Contractor. Page 124 carahsoft. 8. MAINTENANCE RATE PROVISIONS a. The Contractor shall bear all costs of maintenance, including labor,parts,and such other expenses as are necessary to keep the equipment in good operating condition,provided that the required repairs are not occasioned by fault or negligence of the ordering activity. b. REGULARHOURS The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during a mutually agreed upon nine(9)hour principal period of maintenance,Monday through Friday, exclusive of holidays observed at the ordering activity location. C. AFTERHOURS Should the ordering activity require that maintenance be performed outside of Regular Hours,charges for such maintenance, if any, will be specified in the pricelist. Periods of less than one hour will be prorated to the nearest quarter hour. d. TRAVEL AND TRANSPORTATION If any charge is to apply,over and above the regular maintenance rates,because of the distance between the ordering activity location and the Contractor's service area,the charge will be negotiated at the Task Order level. None e. QUANTITY DISCOUNTS Quantity discounts from listed maintenance service rates for multiple equipment owned and/or leased by a ordering activity are indicated below: Quantity Range N/A Units Discounts 0% 9. REPAIR SERVICE RATE PROVISIONS a. CHARGES. Charges for repair service will include the labor charge,computed at the rates set forth below, for the time during which repairmen are actually engaged in work,and,when applicable,the charge for travel or transportation. b. MULTIPLE MACHINES. When repairs are ordered by a ordering activity on two or more machines located in one or more buildings within walking distance of each other,the charges will be computed from the time the repairman commences work on the first machine,until the work is completed on the last machine. The time required to go from one machine to another,or from one building to another,will be considered actual work performance,and chargeable to the ordering activity,provided the time consumed in going between machines(or buildings)is reasonable. C. TRAVEL OR TRANSPORTATION (1) AT THE CONTRACTOR'S SHOP (a) When equipment is returned to the Contractor's shop for adjustments or repairs which are not covered by the guarantee/warranty provision,the cost of transportation,packing,etc., from the ordering activity location to the Contractor's plant,and return to the ordering activity location,shall be borne by the ordering activity. (b) The ordering activity should not return defective equipment to the Contractor for adjustments and repairs or replacement without his prior consultation and instruction. (2) AT THE ORDERING ACTIVITY LOCATION(Within Established Service Areas) When equipment is repaired at the ordering activity location,and repair service rates are established for service areas or zones,the listed rates are applicable to any ordering activity location within such service `- areas or zones. No extra charge,time,or expense will be allowed for travel or transportation of repairmen or Page 125 �i carahsoft. machines to or from the ordering activity office;such overhead is included in the repair service rates listed. (3) AT THE ORDERING ACTIVITY LOCATION(Outside Established Service Areas) (a) If repairs are to be made at the ordering activity location,and the location is outside the service area as shown in paragraph La,the repair service and mileage rates negotiated per subparagraphs La and 8.d will apply. (b) When the overall travel charge computed at the above mileage rate is unreasonable (considering the time required for travel,actual and necessary transportation costs,and the allowable ordering activity per diem rate for each night the repairman is required to remain overnight at the ordering activity location),the ordering activity shall have the option of reimbursing the Contractor for actual costs,provided that the actual costs are reasonable and allowable. The Contractor shall furnish the ordering activity with a report of travel performed and related expenses incurred. The report shall include departure and arrival dates,times,and the applicable mode of travel. d. LABOR RATES (1) REGULARHOURS The Regular Hours repair service rates listed herein shall entitle the ordering activity to repair service during the period 8:00 a.m,to 5:00 p.m.,Monday through Friday,exclusive of holidays observed at the ordering activity location. There shall be no additional charge for repair service which was requested during Regular Hours,but performed outside the Regular Hours defined above,at the convenience of the Contractor. (2) AFTER HOURS r When the ordering activity requires that repair service be performed outside the Regular Hours defined i� above,except Sundays and Holidays observed at the ordering activity location,the After Hours repair service rates listed herein shall apply. The Regular Hours rates defined above shall apply when repair service is requested during Regular Hours,but performed After Hours at the convenience of the Contractor. (3) SUNDAYS AND HOLIDAYS When the ordering activity requires that repair service be performed on Sundays and Holidays observed at the ordering activity location,the Sundays and Holidays repair service rates listed herein shall apply. When repair service is requested to be performed during Regular Hours and/or After Hours,but is performed at the convenience of the Contractor on Sundays or Holidays observed at the ordering activity location,the Regular Hours and/or After Hours repair service rates,as applicable,shall apply. Page 126 carahsoft. REPAIR SERVICE RATES REGULAR AFTER SUNDAYS AND MINIMUM HOURS HOURS HOLIDAYS LOCATION CHARGE* PER HOUR** PER HOUR** PER HOUR CONTRACTOR'S SHOP ORDERING ACTn=LOCATION ff][THIN ESTABLISHED SERVICE AREAS) ORDERING ACTIVITY LOCATION (OUTSIDE ESTABLISHED SERVICE AREAS) *NENMIIJM CHARGES INCLUDE FULL HOURS ON THE JOB. **FRACTIONAL HOURS,AT THE END OF THE JOB,WILL BE PRORATED TO THE NEAREST QUARTER HOUR Repair service is not covered under the scope of this contract. 10. REPAIR PARTS/SPARE PARTS RATE PROVISIONS All parts,furnished as spares or as repair parts in connection with the repair of equipment,unless otherwise indicated in this pricelist,shall be new,standard parts manufactured by the equipment manufacturer. All parts shall be furnished at prices indicated in the Contractor's commercial pricelist dated ,at a discount of %from such listed prices. Repair parts/spare parts are not covered under the scope of this contract. 11. GUARANTEE/WARRANTY—REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS a. REPAIR SERVICE All repair work will be guaranteed/warranted for a period of b. REPAIR PARTS/SPARE PARTS All parts, furnished either as spares or repairs parts will be guaranteed/warranted for a period Repair service and repair parts/spare parts are not covered under the scope of this contract. 12. INVOICES AND PAYMENTS a. Maintenance Service (1) Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis,after the completion of such period. Maintenance charges must be paid in arrears(31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE,SHALL BE SHOWN ON THE INVOICE. (2) Payment for maintenance service of less than one month's duration shall be prorated at 1/30th of the monthly rate for each calendar day. 4 Page 127 carahsoft. b. Repair Service and Repair Parts/Spare Parts Invoices for repair service and parts shall be submitted by the Contractor as soon as possible after completion of work. Payment under blanket purchase agreements will be made quarterly or monthly,except where cash payment procedures are used. Invoices shall be submitted separately to each ordering activity office ordering services under the contract. The cost of repair parts shall be shown as a separate item on the invoice,and shall be priced in accordance with paragraph#10,above. PROMPT PAYMENT DISCOUNT,IF APPLICABLE,SHALL BE SHOWN ON THE INVOICE. Repair service and repair parts/spare parts are not covered under the scope of this contract. 1 Page 28 carahsoft. '�`� � ` ' � 1L T , ' '!C Tt ►�� � � � OPT 1. 1NSPECTION/ACCEPT'ANCE The Contractor shall only tender for acceptance those items that conform to the requirements of"this contract. The ordering activity reserves the right to inspect or-test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its postacceptance rights(I)within a reasonable time after the defect was discovered or;should have been discovered;and(2)before any substantial change occurs ira the condition of tile software,unless the change is due to the defect in the software. 2. ENTERPRISE USER LICENSE AGREEMENTS REQUIREMENTS(EULA) The Contractor shall provide all E'nterprise User License Agreements in an editable Microsoft Office (Word) format. 3. GUARANT"EEfWARRANTY a. Unless specified otherwise in this contract,the Contractor's standard commercial guarantee/warranty as stated in the contract's cornincr-cial pricelist will apply to this contract. Please Refer to GSAADVANTAGEI For Specific Information Regarding Warranty b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. If no implied warranties are given,an express warranty of at least 60 days must be given in accordance with FAR 12.404(b)(2). C. Limitation of Liability. Except as otherwvise provided by an express or implied warranty,the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. 4. TECHNiCALSERVICES The Contractor,without additional charge to the ordering activity,shall provide a]lot line technical support number 888-662-2724 for tyre purpose of`providing user assistance and guidance in the implementation of the software. The technical support number is available from 8 AM iaastern Time to 5 PM Eastern Time. S. SOFTWARE MAINTENANCE a. Software maintenance as it is defined: I. Software Maintenance as a Product(SIN 132-32 or SIN 132.33) Software maintenance as a product includes the publishing of bug/defect fixes via patches and up date s/arpgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs,discussion forums,on-line help libraries and FAQs(Frequently Asked Questions), hosted chat rooms,and limited telephone,email and/or web-based general technical support for user's self- diagnostics. Software maintenance as a product does NOT include the creation,design, implementation, integration,etc. of a software package. These examples are considered software maintenance as a service. Software Maintenance as a procfaact is billed at the time of purchase.. 'age 8 29 carahsoft. X 2. Software Maintenance as a Service(SIN 132-34) Software maintenance as a service creates,designs,implements,and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software.Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate:telephone support,on-line technical support,customized support,and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C.3324. Software maintenance as a service is billed in arrears in accordance with 31 U.S.C.3324. b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis,after the completion of such period. Maintenance charges must be paid in arrears(31 U.S.C.3324). PROMPT PAYMENT DISCOUNT,IF APPLICABLE,SHALL BE SHOWN ON THE INVOICE. 6. PERIODS OF TERM LICENSES(SIN 132-32)AND MAINTENANCE(SIN 132-34) a. The Contractor shall honor orders for periods for the duration of the contract period or a lessor period of time. b. Term licenses and/or maintenance may be discontinued by the ordering activity on thirty(30)calendar days written notice to the Contractor. C. Annual Funding. When annually appropriated funds are cited on an order for term licenses and/or maintenance,the period of the term licenses and/or maintenance shall automatically expire on September 30 of the contract period,or at the end of the contract period,whichever occurs first. Renewal of the term licenses and/or maintenance orders citing the new appropriation shall be required, if the term licenses and/or maintenance is to be continued during any remainder of the contract period. d. Cross-Year Funding Within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month(fiscal year)period,the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period,notwithstanding the intervening fiscal years. e. Ordering activities should notify the Contractor in writing thirty(30)calendar days prior to the expiration of an order,if the term licenses and/or maintenance is to be terminated at that time. Orders for the continuation of term licenses and/or maintenance will be required if the term licenses and/or maintenance is to be continued during the subsequent period. 7. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following acceptance of software. At the request of the ordering activity the Contractor shall furnish,within ten(10) calendar days, for each software product that is contemplated for conversion,the total amount of conversion credits which have accrued while the software was on a term license and the date of the last update or enhancement. b. Conversion credits which are provided shall,within the limits specified,continue to accrue from one contract period to the next,provided the software remains on a term license within the ordering activity. C. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license. d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license,or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license,whichever is the less,minus an amount equal to %of all term license payments during the period that the software was under a term license within the ordering activity. Not available under the scope of this contract. Page 130 carahsoft. 8. TERM LICENSE CESSATION a. After a software product has been on a continuous term license for a period of *months,a fully paid-up,non-exclusive,perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular fiscal year;it is a written Contractor commitment which continues to be available for software that is initially ordered under this contract,until a fully paid-up perpetual license accrues to the ordering activity. However,should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied,the perpetual license accrual shall be forfeited. b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued,at the prices and terms of Special Item Number 132-34, if the licensee elects to order such services. Title to the software shall remain with the Contractor. Not available under the scope of this contract. 9. UTILIZATION LIMITATIONS-(SIN 132-32,SIN 132-33,AND SIN 132-34) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. b. When acquired by the ordering activity,commercial computer software and related documentation so legend shall be subject to the following: (1) Title to and ownership of the software and documentation shall remain with the Contractor,unless otherwise specified. (2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity (service,bureau,division,command,etc.)that has access to the site the software is placed at,even if the subdivision did not participate in the acquisition of the software. Further,the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases,user agencies and third parties may use the computer program to enter,retrieve,analyze and present data. The user ordering activity will take appropriate action by instruction,agreement,or otherwise,to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section,all such permitted third parties shall be deemed agents of the user ordering activity. (3) Except as is provided in paragraph 8.b(2)above,the ordering activity shall not provide or otherwise make available the software or documentation,or any portion thereof,in any form,to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors,subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed software and documentation at the facility,and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software,documentation,or information therein,which the ordering activity may already have or obtains without restrictions. (4) The ordering activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred,or in cases of Disaster Recovery,the ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel;to use the computer software and documentation with a backup computer when the primary computer is inoperative;to copy computer programs for safekeeping(archives)or backup purposes;to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software;and to modify the software and documentation or combine it with other software,provided that the unmodified portions shall remain subject to these restrictions. Page 131 carahsoft. (5) "Commercial Computer Software"may be marked with the Contractor's standard commercial restricted rights legend,but the schedule contract and schedule pricelist,including this clause,"Utilization Limitations"are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend 10. SOFTWARE CONVERSIONS-(SIN 132-32 AND SIN 132-33) Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system, or from one computer system to another. Under a perpetual license(132-33),the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license(132-32),conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version. 11. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY The Contractor shall include,in the schedule pricelist,a complete description of each software product and a list of equipment on which the software can be used. Also,included shall be a brief,introductory explanation of the modules and documentation which are offered. 12. RIGHT-TO-COPY PRICING The Contractor shall insert the discounted pricing for right-to-copy Iicenses. Not available under the scope of this contract. Page 32 carahsoft, 1. SCOPE The prices, terms and conditions stated tinder Special Item Number(SIN) 132-40 Cloud Computing Services apply exclusively to Cloud Computing Services within the scope ofthis Information Technology Schedule, This SIN provides ordering activities with access to technical Services that run in cloud environments and meet the MIST Definition ofClottd Computing Essential Characteristics. Services relating to or impinging on cloud that do not rneet all NISI essential characteristics should be listed in other SINS. The scope of this SIN is limited to cloud capabilities provided entirely as a service, hardware,software and other artifacts supporting the physical construction of a private or other cloud are out of scope for this SIN. Currently, an Ordering Activity can procure the hardware and soliware needed to build on premise cloud functionality,through combining;different services on other 11' Schedule 70 SI�Ns(e.g. 132-51). Sub-categories in scope for this SIN are the three NISI Service Models: Software as a Service(SaaS), Platform as a Service(PaaS), and Infrastructure as a Service(laas). Offerors may optionally select a single sub-category that best fits a proposed cloud service offering. Only one sub-category may be selected per each proposed cloud service offering. Offerors may elect to submit multiple cloud service offerings, each with its own single sub-category. The selection of one of three sub-categories does not prevent Offerors from competing for orders under the other two sub-categories. See service model guidance for advice on sub-category selection. Sub-category selection within this SIN is optional for any individual cloud service offering, and new cloud computing technologies that do not align with the aforementioned three sub-categories may be included without a sub-category selection so long as they comply with the essential characteristics of cloud computing as outlined by Nls'T. See"fable 1 for a representation of the scope and sub-categories, l I: CVrmd (`a)Illptn hiu .°acre SlN + Conrtnercially available cloud conputing 1. Software as,a Scrwlt,r(SagaNS): C"onsufner uses servacas provider's applications On Claud infrastructure, + Meets the;.'stational Institute fior Standards Does not manage/control platfarrnr or and`Fechnology(NC 't)definition of niffivstructure, C_iaraated upplacatiaan level Good C"omputing essentl al charactrerasties configuratnaan anay be available. ar C:tgaen to all deplo%naent models(private, 2. Platform as a Se mice I,I"ala S): C:onsunaer public,ccaxatxaruxaat}°or h0ndl,v c rrdc:ar deploys applications onto cloud platforn't specify deployment models a rvace using Iaacaviela:r-suplalaed t oIs Has control over deployed applications and some knitted platibrin configuration but does not niarnage the pl.an"orin oa uffrastructure. 3. Infraastructtirre as as Sera,ice(lataa5): C."onsurner provisions computing rest:aurc;es I las control over OS,,storage,platforin,deployed applications and some lunited infrastructtare conf g,uraaulon, but dace,riot nrzanarge the infraa*strtae;ture. Page 33 carahsoft. 2. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances,and regulations(Federal, State,City,or otherwise)covering work of this character. a. Acceptance Testing Any required Acceptance Test Plans and Procedures shall be negotiated by the Ordering Activity at task order level. The Contractor shall perform acceptance testing of the systems for Ordering Activity approval in accordance with the approved test procedures. b. Training If training is provided commercially the Contractor shall provide normal commercial installation,operation, maintenance,and engineering interface training on the system.Contractor is responsible for indicating if there are separate training charges. e. Information Assurance/Security Requirements The contractor shall meet information assurance/security requirements in accordance with the Ordering Activity requirements at the Task Order level. d. Related Professional Services The Contractor is responsible for working with the Ordering Activity to identify related professional services and any other services available on other SINS that may be associated with deploying a complete cloud solution. Any additional substantial and ongoing professional services related to the offering such as integration, migration,and other cloud professional services are out of scope for this SIN. e. Performance of Cloud Computing Services The Contractor shall respond to Ordering Activity requirements at the Task Order level with proposed capabilities to Ordering Activity performance specifications or indicate that only standard specifications are offered. In all cases the Contractor shall clearly indicate standard service levels,performance and scale capabilities. The Contractor shall provide appropriate cloud computing services on the date and to the extent and scope agreed to by the Contractor and the Ordering Activity. f. Reporting The Contractor shall respond to Ordering Activity requirements and specify general reporting capabilities available for the Ordering Activity to verify performance,cost and availability. In accordance with commercial practices,the Contractor may furnish the Ordering Activity/user with a monthly summary Ordering Activity report. 3. RESPONSIBILITIES OF THE ORDERING ACTIVITY The Ordering Activity is responsible for indicating the cloud computing services requirements unique to the Ordering Activity.Additional requirements should not contradict existing SIN or IT Schedule 70 Terms and Conditions.Ordering Activities should include(as applicable)Terms&Conditions to address Pricing, Security, Data Ownership,Geographic Restrictions, Privacy, SLAs,etc. Cloud services typically operate under a shared responsibility model,with some responsibilities assigned to the Cloud Service Provider(CSP), some assigned to the Ordering Activity,and others shared between the two. The distribution of responsibilities will vary between providers and across service models. Ordering activities should engage with CSPs to fully understand and evaluate the shared responsibility model proposed. Federal Risk and Authorization Management Program(FedRAMP)documentation will be helpful regarding the security aspects of shared responsibilities,but operational aspects may require additional discussion with the provider. a.Ordering Activity Information Assurance/Security Requirements Guidance i. The Ordering Activity is responsible for ensuring to the maximum extent practicable that each requirement issued is in compliance with the Federal Information Security Management Act(FISMA) ` as applicable. Page134 carahsoft. ii. The Ordering Activity shall assign a required impact level for confidentiality, integrity and availability(CIA)prior to issuing the initial statement of work.'The Contractor must be capable of meeting at least the minimum security requirements assigned against a low-impact information system in each CIA assessment area(per FIPS 200)and must detail the FISMA capabilities of the system in each of CIA assessment area. iii.Agency level FISMA certification,accreditation,and evaluation activities are the responsibility of the Ordering Activity.The Ordering Activity reserves the right to independently evaluate,audit, and verify the FISMA compliance for any proposed or awarded Cloud Computing Services. iv.The Ordering Activity has final responsibility for assessing the Fed RAMP status of the service, complying with and making a risk-based decision to grant an Authorization to Operate(ATO) for the cloud computing service,and continuous monitoring. A memorandum issued by the Office of Management and Budget(OMB)on Dec 8,2011 outlines the responsibilities of Executive departments and agencies in the context of FedRAMP compliance.' v.Ordering activities are responsible for determining any additional information assurance and security related requirements based on the nature of the application and relevant mandates. b. Deployment Model If a particular deployment model(Private, Public,Community,or Hybrid)is desired,Ordering Activities are responsible for identifying the desired model(s). Alternately, Ordering Activities could identify requirements and assess Contractor responses to determine the most appropriate deployment model(s). c. Delivery Schedule The Ordering Activity shall specify the delivery schedule as part of the initial requirement. The Delivery Schedule options are found in Information for Ordering Activities Applicable to All Special Item Numbers. d. Interoperability Ordering Activities are responsible for identifying interoperability requirements.Ordering Activities should clearly delineate requirements for API implementation and standards conformance. e. Performance of Cloud Computing Services The Ordering Activity should clearly indicate any custom minimum service levels,performance and scale requirements as part of the initial requirement. f. Reporting The Ordering Activity should clearly indicate any cost, performance or availability reporting as part of the initial requirement. g. Privacy The Ordering Activity should specify the privacy characteristics of their service and engage with the Contractor to determine if the cloud service is capable of meeting Ordering Activity requirements. For example,a requirement could be requiring assurance that the service is capable of safeguarding Personally Identifiable Information(PH), in accordance with NIST SP 800-122'and OMB memos M-06-16'and M-07-166. An Ordering Activity will determine what data elements constitute PII according to OMB Policy, NIST Guidance and Ordering Activity policy. 'Per Federal Information Processing Standards Publication 199&200(FIPS 199,"Standards for Security Categorization of Federal Information and Information Systems")(FIPS 200,"Minimum Security Requirements for Federal Information and Information Systems") 3 MEMORANDUM FOR CHIEF INFORMATION OFFICERS:Security Authorization of Information Systems in Cloud Computing Environments. December 8,2011. Page 135 carahsoft, h. Accessibility The Ordering Activity should specify the accessibility characteristics of their service and engage with the Contractor to determine the cloud service is capable of meeting Ordering Activity requirements. For example,a requirement could require assurance that the service is capable of providing accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.794d). i. Geographic Requirements Ordering activities are responsible for specifying any geographic requirements and engaging with the Contractor to determine that the cloud services offered have the capabilities to meet geographic requirements for all anticipated task orders.Common geographic concerns could include whether service data,processes and related artifacts can be confined on request to the United States and its territories,or the continental United States(CONUS). j. Data Ownership and Retrieval and Intellectual Property Intellectual property rights are not typically transferred in a cloud model. In general,CSPs retain ownership of the Intellectual Property(IP)underlying their services and the customer retains ownership of its intellectual property. The CSP gives the customer a license to use the cloud services for the duration of the contract without transferring rights. The government retains ownership of the IP and data they bring to the customized use of the service as spelled out in the FAR and related materials. General considerations of data ownership and retrieval are covered under the terms of Schedule 70 and the FAR and other laws,ordinances, and regulations(Federal, State,City, or otherwise). Because of considerations arising from cloud shared responsibility models, ordering activities should engage with the Contractor to develop more cloud- specific understandings of the boundaries between data owned by the government and that owned by the cloud service provider,and the specific terms of data retrieval. In all cases,the Ordering Activity should enter into an agreement with a clear and enforceable understanding of the boundaries between government and cloud service provider data,and the form,format and mode of delivery for each kind of data belonging to the government. The Ordering Activity should expect that the Contractor shall transfer data to the government at the government's request at any time,and in all cases when the service or order is terminated for any reason,by means, in formats and within a scope clearly understood at the initiation of the service. Example cases that might require clarification include status and mode of delivery for: •Configuration information created by the government and affecting the government's use of the cloud provider's service. •Virtual machine configurations created by the government but operating on the cloud provider's service. • Profile, configuration and other metadata used to configure SaaS application services or PaaS platform services. The key is to determine in advance the ownership of classes of data and the means by which Government owned data can be returned to the Government. 4 NIST SP 800-122,"Guide to Protecting the Confidentiality of Personally Identifiable Information(Pll)" 5 OMB memo M-06-16:Protection of Sensitive Agency Information http://www.whitehouse.gov/sites/derau]Ufi les/omb/memoranda/ry2006/mO6-16.pd f 60MB Memo M-07-16:Safeguarding Against and Responding to the Breach of Personally Identifiable Information http://www.whitchouse,gov/sites/derau]Ufiles/omb/memoranda/fy2007/m07-16sdf i Page 36 carahsoft. k. Service Location Distribution The Ordering Activity should determine requirements for continuity of operations and performance and engage with the Contractor to ensure that cloud services have adequate service location distribution to meet anticipated requirements. Typical concerns include ensuring that: • Physical locations underlying the cloud are numerous enough to provide continuity of operations and geographically separate enough to avoid an anticipated single point of failure within the scope of anticipated emergency events. •Service endpoints for the cloud are able to meet anticipated performance requirements in terms of geographic proximity to service requestors. Note that cloud providers may address concerns in the form of minimum distance between service locations,general regions where service locations are available,etc. I. Related Professional Services Ordering activities should engage with Contractors to discuss the availability of limited assistance with initial setup, training and access to the services that may be available through this SIN. Any additional substantial and ongoing professional services related to the offering such as integration,migration,and other cloud professional services are out of scope for this SIN.Ordering activities should consult the appropriate GSA professional services schedule. 4. GUIDANCE FOR CONTRACTORS This section offers guidance for interpreting the Contractor Description Requirements in Table 2, including the NIST essential cloud characteristics,service models and deployment models.This section is not a list of requirements. Contractor-specific definitions of cloud computing characteristics and models or significant variances from the NIST essential characteristics or models are discouraged and will not be considered in the scope of this SIN or accepted in response to Factors for Evaluation. The only applicable cloud characteristics,service model/subcategories and deployment models for this SIN will be drawn from the NIST 800-145 special publication. Services qualifying for listing as cloud computing services under this SIN must substantially satisfy the essential characteristics of cloud computing as documented in the NIST Definition of Cloud Computing SP 800-145' . Contractors must select deployment models corresponding to each way the service can be deployed. Multiple deployment model designations for a single cloud service are permitted but at least one deployment model must be selected. In addition,contractors submitting services for listing under this SIN are encouraged to select a subcategory for each service proposed under this SIN with respect to a single principal NIST cloud service model that most aptly characterizes the service. Service model categorization is optional. Both service and deployment model designations must accord with NIST definitions.Guidance is offered in this document on making the most appropriate selection. a. NIST Essential Characteristics General Guidance NIST's essential cloud characteristics provide a consistent metric for whether a service is eligible for inclusion in this SIN. It is understood that due to legislative, funding and other constraints that government entities cannot always leverage a cloud service to the extent that all NIST essential characteristics are commercially available. For the purposes of the Cloud SIN,meeting the NIST essential characteristics is determined by whether each essential capability of the commercial service is available for the service,whether or not the Ordering Activity actually requests or implements the capability. The guidance in Table 3 offers examples of how services might or might not be included based on the essential characteristics,and how the Contractor should interpret the characteristics in light of current government contracting processes. - http://csrc.nist.gov/publications/nistpubs/800-145/SP800-145.pdf Page 137 carahsoft, Famlalcr 3 t'WiidrmmmCC on Moe NI sse wial t NIm-actcri", ics tin-dernan l . Ordering activities Government larcic Lire naent guidance varies on lataww,to self- can directly provision implement on-demand provisi oning at this time.. service services without Ordering,activities may approach on-demand in a requiring Contractor y variety of ways, including-"neat-tea-exceed"limits,or intervention. imnposing n orithly or annual payments can what are o This characteristic is essentially on demand services;. tvpically Servia°es under dais SIN must be capable cat"true can_ implemented via a demand self=semv ice,and ordering activities and service console or ('aimatractcars n°must ns:ttcatmate lacayw°they imlalctaaerut on programming dernancd capabilities in practice at the task order level: interface for paro%isioning . Ordering activities mnust,speciA'their Procurement approach and requirernems fear on-adeinand service • Contractors must propose how they intend to meet the approach • Contractors must certify that on-demand sell service is technically available tier their service should procure[lie[it guidance become available. + Broad netv L�rrmraad itmc s ymark access must be available without carahsoft, F'1111101 Access are able, to access significant qualification and in relation to the sery ices over deployment rncadel and security domain of'the standard agency ser.wrrce networks • Contractors must specify,any ancillary activities, • ery ace can be services or equipment required to access cloud accessed and services or integrate cloud with other cloud or non- corasumed using cloud networks and services .For example a private standard devices such cloud might require an Ordering Activity to as browsers, tablets; purchase or provide a dedicated router, etc, which is and mobile phones acceptable but should he indicated bdv the Contractor. . �.� pooling distara�,rrr`;hcs.... .wm_ The cicata ..�� l esourc,e « d service must draw from as gaol of Pooling cloud services from resources arid provide an aautonaated rraean:s for the offtsrte hosting, Ordering Activity to dynanarcallw allocate them. o Ordering activities i Manual allocation, e.g. manual operations at a draw resources fi°oaaa physical server farm where Contractor staf- a common pool configure servers in response to Ordering Activity maintained by the requests, does not meet this requirement Contractor . Similar concerns apply to software and platform « Resources may have models, automated provisioning from a pool is general required characteristics such . Ordering activities may request dedicated ph ,sisal as regional location hardware, software or plaatfbrna resources to access as p6vaate cloud deployment service. However the provisioned cloud resources must be drawn from as eornmon pool and automatically allocated on request. Rapid f laasticity �+ Rapid provisioning � • Rapid elasticity is a specificm demand-driven�case of � and de-provisioning self-service commensurate with . Procurement guidance 6or ore-demand self-sery ice, demand applies to rapid elasticity as well, i.e. vapid elasticity nuist he technically available but ordering activities and Contractors May raautually negotiate other contractual arrangements for prcatdurement and payment. • ' aapid" should be understood as measured in minutes and hour's, not days or weeks, . Elastic capabilities by manual request.,,e.g. via aa. console operation or programming interface call„ are required. Page t 39 carahsoft, 7MMMMU Tspcic,&� 7whether TaUtOrnated riven a.��y�nanitc�ally load, Contractors must. and-da°iv°en elasticity° is availabme and the general mechanisms that drive, the capaabiIity. o Pwl «leastirt L ... _ _..._ ......_ Measured sc rw l ice ._. ... roa tirenaent guidance for on-de. ni;and self=servlce Service should be understood applies to measured service:as. well, i.e. rapid as a reporting elasticity must he technically available but ordering requirement that activities and Contractors may nautualh designate enables art Ordering, other contractual arrangements. Activity to control r Regardless ofspecilic contractual arrangements, their use in repwartang must indicate actual usaage„ be cooperation with self continuously available to the Ordering Activity, and sel-NIACC provide meaningful metrics alalaropriate to the service taae;atsured o Contractor's must specify that measured service is available and ttae general sort of"nactr cs and mechanisms available Inheriting Essential Characteristics Cloud services may depend on other cloud services, and cloud service models such as PaaS and SaaS are able to inherit essential characteristics from other cloud services that support them. For example a PaaS platform service can inherit the broad network access made available by the IaaS service; it runs on, and in such a situation would be fully compliant with the broad network access essential characteristic. Services inheriting essential characteristics must make the inherited characteristic fully available at their level of delivery to claim the relevant characteristic by inheritance. Inheriting characteristics does not require the inheriting provider to directly bundle or integrate the inherited service, but it does require a reasonable measure ofsuppOrt and identification. For example, tine Ordering Activity may acquire an laaS service from "Provider A"and a PaaS service from "Provider 13". The PaaS service may inherit broad network access from"Provider A"but must identify and support the inherited service,as an acceptable laaS provider. Assessing Broad Network Access Typically broad network access for public deployment models implies high bandwidth access from the public internet. for authorized users. In a private cloud deployment internet access might be considered broad access,as might be access through a dedicated shared high bandwidth network connection from the Ordering Activity, in accord with the private nature of the deployment model.. Resource Pooling and Private Cloud All cloud resource pools are finite,and only give tlae appearance of infinite resources when sufficiently large,as is sometimes tlae case with a public cloud, The resource pool supporting a private cloud is typically smaller with more visible limits. A finite pool of resources purchased as a private cloud service dualities as resource pooling so long as the resources within tlae pool can be dynamtically allocated to the ultimate users of the resource, even though the pool itself appears finite to tlae Ordering Activity that procures access to the pool as a source of dynamic service allocation. b. NIST Service Model The Contractor may optionally document the service model of`cloud computing(e.g. 1aa , PaaS, SaaS, or a combination thereof,that most closely describes their offering using the definitions it, 'file N1ST Definition of Cloud. Computing SP 800-145. The following guidance is offered for tlae proper selection of service models. Page 140 carahsoft. NIST's service models provide this SIN with a set of consistent sub-categories to assist ordering activities in locating and comparing services of interest. Service model is primarily concerned with the nature of the service offered and the staff and activities most likely to interact with the service. Contractors should select a single service model most closely corresponding to their proposed service based on the guidance below. It is understood that cloud services can technically incorporate multiple service models and the intent is to provide the single best categorization of the service. Contractors should take care to select the NIST service model most closely corresponding to each service offered. Contractors should not invent, proliferate or select multiple cloud service model sub-categories to distinguish their offerings,because ad-hoc categorization prevents consumers from comparing similar offerings. Instead vendors should make full use of the existing NIST categories to the fullest extent possible. For example, in this SIN an offering commercially marketed by a Contractor as"Storage as a Service" would be properly characterized as Infrastructure as a Service(laaS),storage being a subset of infrastructure. Services commercially marketed as"LAMP as a Service"or"Database as a Service"would be properly characterized under this SIN as Platform as a Service(PaaS),as they deliver two kinds of platform services. Services commercially marketed as "Travel Facilitation as a Service"or"Email as a Service"would be properly characterized as species of Software as a Service(SaaS) for this SIN. However,Contractors can and should include appropriate descriptions(include commercial marketing terms)of the service in the full descriptions of the service's capabilities. When choosing between equally plausible service model sub-categories,Contractors should consider several factors: 1) Visibility to the Ordering Activity. Service model sub-categories in this SIN exist to help Ordering Activities match their requirements with service characteristics.Contractors should select the most intuitive and appropriate service model from the point of view of an Ordering Activity. 2) Primary Focus of the Service. Services may offer a mix of capabilities that span service models in the strict technical sense. For example, a service may offer both IaaS capabilities for processing and storage,along with some PaaS capabilities for application deployment, or SaaS capabilities for specific applications. In a service mix situation the Contractor should select the service model that is their primary focus. Alternatively contractors may choose to submit multiple service offerings for the SIN,each optionally and separately subcategorized. 3) Ordering Activity Role. Contractors should consider the operational role of the Ordering Activity's primary actual consumer or operator of the service. For example services most often consumed by system managers are likely to fit best as IaaS;services most often consumed by application deployers or developers as PaaS,and services most often consumed by business users as SaaS. 4) Lowest Level of Configurability.Contractors can consider IaaS, PaaS and SaaS as an ascending hierarchy of complexity,and select the model with the lowest level of available Ordering Activity interaction.As an example, virtual machines are an IaaS service often bundled with a range of operating systems,which are PaaS services.The Ordering Activity usually has access to configure the lower level IaaS service,and the overall service should be considered IaaS. In cases where the Ordering Activity cannot configure the speed,memory, network configuration,or any other aspect of the IaaS component,consider categorizing as a PaaS service. Cloud management and cloud broker services should be categorized based on their own characteristics and not those of the other cloud services that are their targets. Management and broker services typically fit the SaaS service model, regardless of whether the services they manage are SaaS, PaaS or IaaS. Use Table 3 to determine which service model is appropriate for the cloud management or cloud broker services,or,alternately choose not to select a service model for the service. The guidance in Table 3 offers examples of how services might be properly mapped to NIST service models and how a Contractor should interpret the service model sub-categories. Page 141 carahsoft l'dMC 3. (jUiclaazaC Carr M<apw}viaiag laa NIS I Service iw-lod is Infrastructure as Select an lama model tsar service based equi,%alcnts ofhardware applianr�a ;t��� �* a Service(laaS) virtual machines, storage devices, routers and other physical devices_, • l°aaaaS services are typically cerrnsaaaied by .sy stern ear devvice man4a�e r. alai,, would configure physical hardware in a non-cloud setting • The; principal caustorrier interaaction.with an laaS service is provisioning then configuration, equivalent to partucturing and then cOntigtaring as physical device. l ;wampleas cvf'l<aaS services inclUde virtual machines, cahpect storage, disk block storage, network routers and fire,,%°,ills„ soffivare defined netwacrrks.. Graav areas Include services that emulate or act as dedicated appliances arid are directly used by applications, such as search appliances, sectaritw appliances, etc, To, the extent that these services or their emulated devices provide direct capability to an application they might he better cgassi ied as platform services(PaaS). To the extent that they resemble raa%v hardware and are C011saarned by rather platform services they are better classified as laaaa:S.. Platform cars a Select a PaaaaS model tear;service based equivalents eat"compalete or partial sof fare Page 142 carahsoft Service Waa.S) platforms. For the purposes of"this classification, consider a platform as a set of sollwwame services capable ot'cleplcayin ,all or part of*an application. • A complete ltlaati arm can deploy ail entire application Complete platturaaas can t~ae. proprietary or open seacurce • Partial platforms can eieplov as component of aa➢i application which combined with rather ccaan ponents ntalae up the entire deployment • PaaS services are typically consumed by application deployment staff whose responsibility is to take a completed agency application and cause it to run oil the designated complete or lwaartiaal platfiont service • The principal customer interaction with a➢'aaS service is deployment, equivalent to deploying an aailplic<ation or portion ofan application on at software platf6rin s rw ace, • A limited range a.tf`configuration options for the platform service may be available. lIx amples of complete PaaaS services inclus e.- • A 1.irtaa_a/Apa,cheJl'wINISQI./l''llP (LAMP)platform ready to deploys a caastorner PI,II' application,, • as NN"indowws Net platioarm ready to deploy a Net application, • ay custom complete platform ready to develop,and deploy, all custaanaer application in as proprietary language • A ataaaltaltle caltaaltmlity platform reaafw to deploy an arbitrary customer application on a range cat`underlying sof`fwware services. The essential characteristic of a complete f'aaaS is defined by the customer's ability to deploy a complete custom application directly- aan the. platform PUS im'tcltades partial services as well as complete plaatf'car n seii,ices Illustrative examples of indi iduaal platf armta enablers or components include: • A database service ready to clelticay' a caastaaatter's tables, views and procedures, • A gaaeuana service ready to deploy as custeanter's message definitions • A security, service reach- to eleploy^ a custetaaaer's constraints and target applications Bear cetntaraaactus monitoring ' lie essential characteristic of ail individual PaaaS component is the customer's abil aty to deploy, their unique structures and/or data canto the component fmtr as partial pWtbratt function, Matte that heath the paaa°taaal and.complete PaaaS examples all have two things in Page � 43 carahsoft, coinn monn: • TheY are soffivarre services, which ofi%r significant core functioinalit Out cnt' the 'ho.a • They most he carrntip,ured With Customer data and strcictures to deliver results As noted in laaS, operating s,sterns represent a prey area in that ()S is definitely as platforrnn service, but is typically bundled with laaaS infrastructure. li)dnUr service provides air OS but allows t1or interaction with infrastructure, please sub-categorize it as laaS ll'yarur service "hides- underlying Infrastructure, consider it as PaaaS Sortwvare: as a -Se I-e`--c--t-a SaaS model tear service based equivalents of software applicatWio ns... ...M���. Service( aa`) SaraaS services are ty prc;anllV consumed by business or Sub' ect-tnnatter stall' who would interact directly with the application in a non-cicnud setting • The principal customer interaction with a `W'"'>aaaS service- is actual operation and consumption cat"the application services the SaaS service provides. Some minor configuration may he available, but tine scope of tine configuration is linuted to the scope and them the permissions ofthe configuring user. For example an agency manager might be able to configure :sornne aspects of the application l'or their agency meat not all aapencres. ern agency user might be allele to ccannfi ure some aspects for themselves but ,not evervone in their,agency„ Typically onl' tyre Contractor would be perninted to a:ornfigure aspects of the soft%varre l"c:rr all users. l°lsaannples of awaya services include ernaail systenns, business systems of"call sorts such as travel systems., 4-i ventory,°systems, etc., wwrki's,, wvebsites or content management sy°steinn;, management aalaplicatnons that alloy% a custcaianer to naaannaape anther cloud or non-cloud services, and in general any system %,,here Customers interact directly tier as business purpose. Gray areas include services that custornners rise to configure other cloud services, such as Cloud mannaagernnent soft%varer cloud brokers, etc. In general these sorts of Sy sterns slaanuld he considered «weary , per guidance in this document, c. Deployment Model Deployment,models(e.g. private, public,community, or hybrid)are not restricted at the SIN level and any specifications for a deployment nnodel are the responsibility of the Ordering,Activity. Page 44 carahsoft. Multiple deployment model selection is permitted, but at least one model rmust be selected. The guidance in Table 4 afters examples of how services might be properly mapped to NISI deployment models and how the;Contractor should interpret the deployment model characteristics. Contractors should take care to select the range ofNISJ'deployment models most closely corresponding to each service offered. Note that the scope of this SIN does not include hardware or software components used to construct a cloud, only cloud capabilities delivered as a service,as noted in the Scope section, I alflc 4: GIIl dlncc for SeIect.im, al laq)lo, m vnd "M od VI Private Cloud The service is provided exclusively for the l nef`it of def'itiable organization and its components', access from outside the orpanmzartion is prohibited, The actual services may be provided by third parties, and may be physically located as required, but access is strictly defined by membership in the ra vrrira orpaa�a�izatiort. ud The service is provided for general public use and can be assessed by any entity or organizattron willing to contract for it.. mm Community Cloud the service is provided for the exclusive use of community wvith a definable shared boundary such as a mission or interest. As with private cloud, the service may be in any suitable location and administered by a conantumty member orm a third party-. Hybrid Cloud mm mm m The service is composed oforte or more of'the, other rtiodels. Typically mm„ hybrid models include some aspect of iratnsition between the models that make them ula, liar example a private and public: cloud might be designed as a hybrid cloud rwhere events like increased load permit certain specified services in the private cloud to run in a public cloud for extra capacity, e.g. bursting Page 4 45 carahsoft. Cloud Supplemental Attachment A ServiceNow Introduction ServiceNow operates the only enterprise service management cloud platform granted JAB P-ATO status to-date. The ServiceNow Service Automation Government Cloud Suite is a suite of natively integrated applications designed to support IT service automation,resource management and shared support services.ServiceNow is built on modern web technologies.The ServiceNow platform includes easy-to-use,point-and-click customization tools to help customers create solutions for unique business requirements.ServiceNow applications cover all Information Technology Infrastructure Library(ITIL)processes and are natively integrated on a single platform providing web intuitiveness and unprecedented process automation. Adherence to Essential Cloud Characteristics ServiceNow meets federally defined essential characteristics of a Cloud Service in the following ways: On-Demand Self Service: ServiceNow's Government cloud is based on a multi-instance architecture,giving every customer their own unique application logic and database. All customers are able to fully customize their cloud services without the need to combine their data with any other customer instance Broad Network Access: ServiceNow users can easily access the application via their preferred web browser from any device. Resource Pooling: ServiceNow's robust cloud infrastructure runs on its own applications and utilizes industry best-of- breed technology to automate mission critical functionalities in the cloud service with around-the-clock delivery. ServiceNow achieves flexibility and control in its ability to deliver a stable user experience to the customer by having a logical single tenant architecture. Rapid Elasticity: ServiceNow's highly available multi-instance architecture gives customers the ability to perform millions of transactions using a large and complex CMDB as the single-system of record containing millions of configuration items. Customer instances are deployed on a per-customer basis,allowing the multi-instance cloud to scale horizontally and infinitely. Measured Service: ServiceNow provides a Real Availability Dashboard that shows availability from the customer perspective.This refers to the percentage of production time that an instance is up and available for use. Deployment Model The ServiceNow Government Community Cloud uses Continental United States(CONUS)-based dedicated infrastructure(facilities,servers,databases,networking devices)to process, store,and transmit government information using a multi-instance architecture.This Government Community Cloud is available for use by United States Federal, State,Local,and Tribal Government with registered .gov or.mil domain addresses,Government Consultants,and Federally Funded Research and Development Centers(FFRDC). Service Model The ServiceNow Service Automation Government SaaS Cloud Suite is a suite of natively integrated applications designed to support IT service automation, resource management and shared support services. ServiceNow is built on modern web technologies. The ServiceNow platform includes easy-to-use, point-and-click customization tools to help customers create solutions for unique business requirements. ServiceNow applications cover all Information Technology Infrastructure Library(ITIL)processes and are natively integrated on a single platform providing web intuitiveness and unprecedented process automation. Page 146 F p caralhsoft FS?+T4 014S r/ BUSINESS / iM,{�Q�p„Be'uS'�ICkSd /�% ,iO,�,.f 9/c;,//i,� rir,i��rr ,,//{/,r�� ,",fi/��%%/�i%iii%;iiiiri%i/i�/e r �%/i///,i,,,�,,lr/iri �„,,�✓i;%/olo/i%% SERVICENOW PLATFORM WORKFLOW SERVICE CMOs IFMkL,IWLEDGE DEVELOPER,, MOL��lid.F CATALOG MANAGEMENT TOOLS i Page 47 carahsoft. Cloud Supplemental Attachment B Virtrustream Introduction The Virtustream Federal Cloud(VFC)is developed to provide Infrastructure as a Service(IaaS)cloud hosting solutions to U.S. Federal Agencies, State, and Local government and authorities (collectively referenced as the "Customer"). The major component of the VFC is the secure high-performance cloud platform, xStream Platform, which enables customers to run and manage virtual servers,storage and networks in a secure virtual-private cloud within the dedicated government entity-only multi-tenant cloud with consumption-based billing including the micro-VM sub-virtual machine billing metric. Virtustream's customers require that their data in storage, processing and transmission are handled securely.The VFC design reflects the security controls listed in the NIST SP 800-53, Revision 4,Security and Privacy Controls for Federal Information Systems and Organizations, and the required FedRAMP controls as specified by the Joint Authorization Board(JAB). Adherence to Essential Cloud Characteristics The Virtustream Federal Cloud (VFC) is an Infrastructure as a Service(IaaS)Government Community cloud that meets Federally defined essential characteristics of a Cloud Service. VFC meets those characteristics in the following ways: On-Demand Self Service: VFC Government Customers provision and manage virtual compute, memory,storage, and networking resources via xStream cloud management portal. Following successful two-factor authentication users simply use xStream management tools and capabilities to build,configure and manage their systems all on a secure and compliant infrastructure. Broad Network Access: VFC Government users can access the system via secure MPLS and IPSEC VPN while they focus on developing applications compatible with any computing device. Resource Pooling: VFC workloads leverage a dedicated allocation of CPU, memory,and storage to manage workloads efficiency within a FedRAMP compliant multi-tenet environment. Size of resource pools are configurable based upon specific requirements of the workload. Rapid Elasticity: The xStream App Director module is a macro-orchestrator. Through a library of blueprints, App Director automates interdependent and sequenced actions across the various system components of an application landscape to perform a particular type of action on the environment. Virtustream not only addresses the automation of these management functions for enterprise applications, but also for the full ecosystem of web applications that interface with these core systems.xStream App Director allows enterprise business users and system administrators to automate in-life management of enterprise applications to significantly lower total cost of ownership. Measured Service: µVM resource management is Virtustream's patented, innovative cloud resource management technology.A µVM is a standardized,fine-grained bundle of the most critical computing resources needed to run your applications—including measurements of CPU, memory, TOPS and networking bandwidth.The specific values of these resources are based on Virtustream's own statistical research and analysis of tens of thousands of data points across many thousands of machines.As a result, the µVM is a platform-independent unit of measure that applies regardless of hypervisor or processor. Deployment Model Virtustream Federal Cloud was built as a FedRAMP compliant community cloud to handle the most critical applications for the most complex IT landscapes in the world.With our deep public sector experience,application-level performance guarantees and true consumption-based billing, you can transform your entire IT organization. Free your internal IT resources while improving the efficiency and cost effectiveness of your biggest, most critical applications. Page 148 carahsoft. Mission-critical applications, like SAP, Oracle and others, don't just run in Virtustream Federal Cloud—they perform more efficiently than ever before. Because Virtustream Federal Cloud was built from the ground up to deliver outstanding performance and availability, we back our offerings with industry-leading service level agreements at the application level. Security comes standard with Virtustream Federal Cloud.Our cloud was built to handle the most sensitive types'of data, all with the appropriate compliance and security standards. Integrate and automate security, compliance and other functions—and get a real-time, predictive picture of your entire enterprise risk management (ERM) landscape. Our professional services teams and suppliers specialize in supporting federal, state and local entities---helping them meet mandatory requirements Service Model The Virtustream Federal Cloud (VFC) is a Fed RAMP-compliant, multitenant, Infrastructure-as-a-Service (laaS) cloud platform built to handle the most critical applications for the most complex IT landscapes in the world. With our deep public sector experience, application-level performance guarantees and true consumption-based billing, you can transform your entire IT organization. Free your internal IT resources while improving the efficiency and cost effectiveness of your biggest, most critical applications. r�AtP:�a'aww6ara�..��^ram��iu'sq ubY�aarroll SM4 GkFrG 69ttY,re� �^ngam�mLlmu� YrraiVt'flaxmrv�a'ka t.nl�'ca�3k�F"ImaacAvrrk„ a#rv»B+MnCx,t' NO a n a Mtnrk'o ad Oproti H:rnalan rl tsaaavnv d"ppa Mroc'tor MUMMUMM velala Stonago A ulmnaaflan XS1Iearurr 8PPA sery Ica c rcAl astro-lflon, NXIMMMonowfiam m NetworkAutaavutRd:,m'h IqA.utte 7'�nvgvar^.Irrr',r'pp ism @ru^av'nrnvr rY i p,tlrera�r vn,(Op a pinta tk &.9 rrnoc'd Ip:,v r+�v r.w 6 au.0.7raiwgp Sry+ai2m:m 6YMu 'r{'trytuacrygn4^Grnrr IPcrp'ix;'hp 7amauaroc�r F%r�wnta Pl��inr1 Nwkvaun4au �u,paP:lr Wmpksrbr9 Page 49 carahsoft. Cloud Supplemental Attachment C V'eritas Introduction As the 2419 'Managing Government Records` directive is getting closer, Federal Agencies are at a critical turning point for the management of records.Having a federal information archiving strategy is more important now than ever before for protecting records,ensuring compliance and building a digital government. World Class Technology Partners EV 247 brings together the best cloud archiving services in the world and gives agencies great experiences, simplicity and security. Combining the expertise of Veritas, Microsoft Azure, ProiectHosts, and bluesource, EV247 has all the benefits of a cloud service, with unlimited storage, affordable data migration and freedom to control the archive to deliver the modern,secure,data management system Federal Agencies require.We deliver end-to-end service without having to deal with multiple suppliers and budgets. With the best-partnered cloud archiving services,we take away the complexity,without compromise. FedRAMP authorized product As the only FedRAMP authorized cloud archiving solution,EV247 reaches requirements no other cloud archiving solution can. A move to cloud archiving will secure your data with a Capsource & FedRAMP accredited system that provides more storage and a modern secure system. CLoud airchiving benefits for FederaL Agencies 0 Meet. Ghe 20119 'Maunrrqu ng Government Relcurv8s' Dire c6ve c,le ar.lkne r p p�7 0 F0 i Share uar~uchonaahtyr of Enter pn rrse'V�au�xlt 4 L�+P 0 re and track records effectw ly 4Co .tl effcl,luv rnigt afian Nam on pra-r-nu.es l nterls6se`7autt FedRAMP 0 M,ps,ssn ely-scalabu e agor` ge ca parityr crr nnr¢ hiv s,&recflyr 6r+vrn mobile devw ce Iw l Moiderrwnze r eM orrl rruan ag iment and ar r INvv nq Custonflzabt e paaludes and user grrofites, Ca'arntnai(unarl pe;wrrn orn lnvestrmarnt Pnrerl ctabire operabo n;::rl wart model Dec iic,atrnd rr rCR)ra..r,,..b to rfnrr,�c:ive o rr na r N ri--nt,as Adherence to Essential Cloud Characteristics As an innovator in the provision of cloud archiving solutions bluesource believe our skills and services are prepared to deal with Federal Agencies' sensitive data. As EV247 is uniquely the only FedRAMP approved', Capsource accredited cloud archiving specialists available throughout the U.S. we offer the reassurance that reinforces our unique cloud archiving. Page 150 carahsoft. On-Demand Self Service: With seamless integration into the leading email clients,users don't need to search or manage a separate archive mailbox. All mailbox interaction is through the user's existing mail interface and fully self-service. Broad Network Access: Ease the burden as the 2019 deadline approaches with a solution like EV247 that delivers the rich functionality of Enterprise Vault with massively-scalable, long-term storage, an intuitive user experience and the freedom to access information from anywhere,across all devices. Resource Pooling: EV247 workloads leverage a dedicated allocation of CPU,memory,and storage to manage workloads efficiency within a FedRAMP compliant multi-tenet environment. Size of resource pools are configurable based upon specific requirements of the workload. Rapid Elasticity: Combining the expertise of Veritas, Microsoft Azure and bluesource, EV247 has all the benefits of a cloud service, with unlimited storage, affordable data migration and freedom to control the archive to deliver the modern,secure,data management system Federal Agencies require. Measured Service: Resource usage is monitored and tracked by mailbox or capacity across resource pools. These statistics are provided via native reporting tools for consumption and analysis. Deployment Model EV247 was built as a FedRAMP compliant hybrid cloud solution that enables quick information access and secure data management,without compromise for Federal Agencies. Utilizing EV247's hybrid approach,federal agencies will realize the benefits of fixed operational costs,with minimal spend to migrate from data centers,guaranteed simple transition to the cloud and an easier approach to your archiving and multiple device mobility access needs. Additionally, EV247 eases the burden as the 2019 deadline approaches that delivers the rich functionality of Enterprise Vault with massively-scalable, long-term storage, an intuitive user experience and the freedom to access information from anywhere,across all devices. Industry leading archive functionality Agile data archiving Easily accessible and simple to use EV247 provides the flexibility to archive all types of content With seamless integration into the leading ernail clients, including emails, files.IM and social media users don't need to search or manage a separate archive mailbox. Tailor-made archiving policies Archive,retain and delete your data using specific grouping Connected Mobility or policies that suit your business requirements. Direct access to archived email from mobile devices and with Virtual Vault the ability to view archived data offline FedRamp authorized Meeting all FedRAMP requirements,we document,assess Highest quality eDiscovery features authorize and monitor data to help Federal Agencies Add the power of Discovery Accelerator,putting initiate electronic record management and implement professional-grade search and discovery capabilities in the security controls. hands of your HR,legal and complilance teams. Service Model The EV247 solution is a FedRAMP-compliant, multitenant, Softwa re-as-a-Service (SaaS) cloud offering built to handle Enterprise Vault Archiving for the most complex IT landscapes in the world. With our deep public sector experience, application-level performance guarantees and true consumption-based billing, you can transform your entire email archiving strategy. Free your internal IT resources while improving the efficiency and cost effectiveness of your most sensitive and essential business resources. Page 151 carahsoft. � F/T'_/ $F"f,, A" �E r E. SCOPE a. The Contractor shall provide training courses normally available to commercial customers,which will permit ordering activity users to make full,efficient use of general purpose commercial IT products. Training is restricted to training courses for those products within the scope ofthis solicitation. b. The Contractor shall provide training at the Contractors facility and/or at the ordering activity's location, as agreed to by the Contractor and the ordering activity. 2. ORDER Written orders, EDI orders(GSA Advantage! and 1°ACNE T),credit card orders,and orders placed under blanket. purchase agreernents(BPAs)shall be the basis for the purchase of training courses in accordance with the terms of this contract. Orders shall include the student's name,course title,course elate and time, and contracted dollar amount of the course. 3. TIME OF DELIVERY The Contractor shall conduct training,on the date(time,day,month,and year)agreed to by the Contractor and the ordering activity. 4. CANCELLATION AND RESCHEDULING a. The ordering;activity will notify the Contractor at least seventy-two(72)hours before the scheduled training date, if a student will he unable to attend. The Contractor will then permit the ordering activity to either cancel the order or reschedule the training at no additional charge, In the event the training class is rescheduled, the ordering activity will modify its original training order-to specify the time and date of the rescheduled training. class. b. In the event the ordering activity fails to cancel or reschedule a training,course within the time frame specified in paragraph a,above, the ordering activity will be liable for the comracted dollar amount of the training course. The Contractor agrees to permit the ordering activity to reschedule a student who fails to attend a training class within ninety(90)days from the original course date, at no additional charge. c. The ordering;activity reserves the right to substitute one student f'or°another up to the first clay ofclass. d. In the event the Contractor is unable to conduct training on the date agreed to by the Contractor and the ordering activity,the Contractor-must notify the ordering activity at least seventy-two(72)hours before the scheduled training date. 5. FOLLOW-EIPSUPPORT The Contractor agrees to provide cacti student with unlimited telephone support or online support for a period of one (l)year frorn the completion of the training course. During this period,the student may contact the.Contractor's instructors for refresher assistance and answers to related course curriculum questions. 6, PRICE FOR TRAINING The price that the ordering activity will be charged will be the ordering activity training,price in effect at the time of order placement,or the ordering activity price in effect at the time the training course is conducted,whichever is less. 7., INVOICES AND PAYMENT Page; 152 carahsoft. Invoices for training shall be submitted by the Contractor after ordering activity completion of the training course. Charges for training must be paid in arrears(31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE,SHALL BE SHOWN ON THE INVOICE. 8. FORMAT AND CONTENT OF TRAINING a. The Contractor shall provide written materials(i.e.,manuals,handbooks,texts,etc.)normally provided with course offerings. Such documentation will become the property of the student upon completion of the training class. b. **If applicable** For hands-on training courses,there must be a one-to-one assignment of IT equipment to students. C. The Contractor shall provide each student with a Certificate of Training at the completion of each training course. d. The Contractor shall provide the following information for each training course offered: (1) The course title and a brief description of the course content,to include the course format(e.g., lecture,discussion,hands-on training); (2) The length of the course; (3) Mandatory and desirable prerequisites for student enrollment; (4) The minimum and maximum number of students per class; (5) The locations where the course is offered; (6) Class schedules;and (7) Price(per student,per class(if applicable)). e. For those courses conducted at the ordering activity's location, instructor travel charges(if applicable), including mileage and daily living expenses(e.g.,per diem charges)are governed by Pub. L. 99-234 and FAR Part 31.205-46,and are reimbursable by the ordering activity on orders placed under the Multiple Award Schedule,as applicable,in effect on the date(s)the travel is performed.Contractors cannot use GSA city pair contracts. The Industrial Funding Fee does NOT apply to travel and per diem charges. f. For Online Training Courses,a copy of all training material must be available for electronic download by the students. 9. "NO CHARGE"TRAINING The Contractor shall describe any training provided with equipment and/or software provided under this contract, free of charge,in the space provided below. Not Offered 1\ Page 153 carahsoft 1. SCOPE a. 'file prices,terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services apply exclusively to IT Professional Services within the scope of this Information Technology Schedule. b. The Contractor shall provide services at the Contractor's 'facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering activity. 2. PERFORMANCE INCENTIVES I-F'SS-60 Performance Incentives(April200�O�) a. Performance incentives stay be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract. b. The ordering activity must establish it maximum performance incentive price for these services and/or total solutions on individual orders or Blankct Purchase Agreements. C. Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable,ordering activities shall consider establishing incentives where performance is critical to the ordering activity's mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. 3. CARDER a. Agencies may use written orders, EDi orders, blanket purchase agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period;all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders(or tasks which extend beyond tlne fiscal year for wrrhich funds are available shall include FAR 52.2.32-19(Deviation May 2003)Availability of Funds for the Next Fiscal Year. The purchase order skull specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract,tine contract will take precedence. 4. PERFORMANCE OF SERVICES a. The Contractor shall commence performance ofservices oil the date agreed to by the Contractor and the ordering activity. b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and tlne ordering activity. C. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. d. Any Contractor travel rewired in the performance of IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations,as applicable, in effect on tine datc(s)the travel is performed. Established Federal C.iovermnlent per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. S. STOP-WORK ORDER(FAR 52.242-15)(AUG 1989) (a) The Contracting Officcr may,at any time,by written order to the Contractor,rewire the Contractor to stop all,or any part, of the work called for by this contract for a period of90 days after the order is delivered to the Contractor,and for any further period to which tine parties may agree.The order shall be specifically identified as a Pat C 54 carahsoft. stop-work order issued under this clause. Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor,or within any extension of that period to which the parties shall have agreed,the Contracting Officer shall either- (1) Cancel the stop-work order;or (2) Terminate the work covered by the order as provided in the Default,or the Termination for Convenience of the Government,clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires,the Contractor shall resume work.The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both,and the contract shall be modified,in writing,accordingly,if- (1) The stop-work order results in an increase in the time required for,or in the Contractor's cost properly allocable to,the performance of any part of this contract;and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;provided,that, if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d) If a stop-work order is not canceled and the work covered by the order is terminated for default,the Contracting Officer shall allow,by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order. 6. INSPECTION OF SERVICES In accordance with FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS(MAR 2009)(DEVIATION I-FEB 2007)for Firm-Fixed Price orders and FAR 52.2124 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS(MAR 2009)(ALTERNATE I—OCT 2008)(DEVIATION I—FEB 2007) applies to Time-and-Materials and Labor-Hour Contracts orders placed under this contract. 7. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances,and regulations(Federal, State,City,or otherwise)covering work of this character. If the end product of a task order is software,then FAR 52.227-14(Dec 2007)Rights in Data —General,may apply. 8. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations,the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT Professional Services. 9. IN DEPENDENT CONTRACTOR All IT Professional Services performed by the Contractor under the terms of this contract shall be as an independent Contractor,and not as an agent or employee of the ordering activity. 10. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor"means the person,firm,unincorporated association,joint venture,partnership,or corporation that is a party to this contract. Page 155 carahsoft. l�l "Contractor and its affiliates"and"Contractor or its affiliates"refers to the Contractor, its chief executives,directors, officers,subsidiaries,affiliates,subcontractors at any tier,and consultants and any joint venture involving the Contractor,any entity into or with which the Contractor subsequently merges or affiliates,or any other successor or assignee of the Contractor. An"Organizational conflict of interest"exists when the nature of the work to be performed under a proposed ordering activity contract,without some restriction on ordering activities by the Contractor and its affiliates,may either(i)result in an unfair competitive advantage to the Contractor or its affiliates or(ii)impair the Contractor's or its affiliates'objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity,ordering activities may place restrictions on the Contractors,its affiliates,chief executives, directors,subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid,neutralize,or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations,which may require restrictions,are provided at FAR 9.508. 11. INVOICES The Contractor,upon completion of the work ordered,shall submit invoices for IT Professional services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 12. PAYMENTS For firm-fixed price orders the ordering activity shall pay the Contractor,upon submission of proper invoices or vouchers,the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders,the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.2124(MAR 2009)(ALTERNATE I—OCT 2008)(DEVIATION I—FEB 2007) applies to time-and-materials orders placed under this contract. For labor-hour orders,the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4(MAR 2009)(ALTERNATE 1—OCT 2008) (DEVIATION I—FEB 2007)applies to labor-hour orders placed under this contract. 52.216-3 1(Feb 2007) Time- and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition. As prescribed in 16.601(e)(3), insert the following provision: (a)The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation. (b) The offeror must specify fixed hourly rates in its offer that include wages, overhead,general and administrative expenses,and profit.The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by— (1)The offeror; (2) Subcontractors;and/or (3) Divisions,subsidiaries,or affiliates of the offeror under a common control. 13. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 14. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. i 15. APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive,from the ordering activity's Contracting Officer,written Page 156 carahsoft. consent before placing any subcontract for furnishing any of the work called for in a task order. 16. DESCRIPTION OF IT PROFESSIONAL SERVICES AND PRICING a. The Contractor shall provide a description of each type of IT Service offered under Special Item Numbers 132-51 IT Professional Services should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers. If the Contractor is proposing hourly rates,a description of all corresponding commercial job titles(labor categories)for those individuals who will perform the service should be provided. b. Pricing for all IT Professional Services shall be in accordance with the Contractor's customary commercial practices;e.g.,hourly rates,monthly rates,term rates,and/or fixed prices,minimum general experience and minimum education. Commercial Job Title: Consulting Engineer GSA Schedule Rate: $200.00/hour Minimum/General Experience: Has approximately 5 years of experience.Possesses understanding covering the planning,research,development,design,testing,evaluation,production,analysis,and implementation of information systems,programs and equipment. Provides technical assistance to others working on requirements,definition,system requirements analysis,system level design and integration,operations support planning and/or the coordination of the preparation of system development specifications and specialty engineering plans.May be skilled in systems engineering,electrical engineering or industrial engineering activities. Functional Responsibility: Working under close supervision,person provides technical or scientific and project support for multiple large-scale projects that cross-cut multiple specialization and product development areas.Applies advanced business and/or technical expertise to assist others with defining, analyzing,validating and documenting complex customer operating environments,states of technology and current engineering processes.Provides advanced technical support to others involved in applying specialized knowledge to complex customer processes and requirements.Supports complex technical investigations through advanced research techniques,analysis or development phases of engineering projects. Works with other engineering disciplines in the development and application of processes to improve quality,reliability,cost customer appeal,and satisfaction. Minimum Education: B.A.or B.S. in Computer Science,Engineering, Mathematics,Economics or Business. Commercial Job Title: Project Manager GSA Schedule Rate: $195.00/hour Minimum/General Experience: Has approximately 2 years of experience within information system project oriented environments.Leads planning,scheduling,monitoring,and reporting activities for projects. Facilitates needs assessment and development of recommended project control solutions to be used for planning,scheduling and tracking of each project though integration of various project management tools. Develops project controls and reporting procedures.Assists in the training of the project team on application of the procedures.Analyzes project progress/costs and assists with development and evaluation of alternatives when the project falls behind schedule or exceeds budget.Develops and delivers presentations to customer management. Integrates specific industry methodologies to appropriate project management solutions. Functional Responsibility: Possesses a thorough understanding of the process requirements and provide b o t h technical and management oversight of the project.Responsible for customer satisfaction,serves as the single point of contact,compliance with the Statement of Work,project planning and management, resource allocation,and reporting. Minimum Education: B.S. in Engineering,Mathematics,Computer Science,Operations Research,or applied science. Page 157 carahsoft. Commercial Job Title: Senior Information Architect GSA Schedule Rate: $250.00/hour Minimum/General Experience: Has approximately 7 years of experience with skills covering the planning, research,development,design,testing,evaluation,production,analysis,and implementation of multi-tier network configurations for web enabled applications.Possesses a clear understanding of the interrelationships of firewalls,network devices,and servers and clear knowledge of a specific web enabling technology(i.e.Microsoft or Netscape servers). Possesses experience with database and/or email integration,Internet network design(DMZ,routers,switching)and system administration practices. Functional Responsibility: Provides supervision,person designs Intranet/Internet/Extranet architectures and develops implementations plans;administration activity;i.e.,hardware,security,firewalls. Implements security architecture using LDAP,SSL and firewalls. Installs,configures and maintains all Intranet/Intemet/Extranet tools,databases and features;provides support to e-commerce and other systems. Implements server design,development,and operation as well as analyze and develop requirements for hardware sizing/capacity,data validation,security and integration points to other applications. Minimum Education: B.S. in Engineering,Mathematics,Computer Science,Operations Research,or applied science. Commercial Job Title: Senior Information Architect GSA Schedule Rate: $250.00/hour Minimum/General Experience: Has approximately 7 years of experience with skills covering the planning, research,development,design,testing,evaluation,production,analysis,and implementation of multi-tier network configurations for web enabled applications.Possesses a clear understanding of the interrelationships of firewalls,network devices,and servers and clear knowledge of specific web enabling technology(i.e. Microsoft or Netscape servers).Possesses experience with database and/or email integration,Internet network design(DMZ,routers,switching)and system administration practices. Functional Responsibility: Provides supervision,person designs Intranet/Internet/Extranet architectures and develops implementations plans;administration activity;i.e.,hardware,security,firewalls. Implements security architecture using LDAP, SSL and firewalls.Installs,configures and maintains all Intranet/Internet/Extranet tools,databases and features;provides support to e-commerce and other systems. Implements server design,development,and operation as well as analyze and develop requirements for hardware sizing/capacity,data validation,security and integration points to other applications. Minimum Education: B.S. in Engineering,Mathematics,Computer Science,Operations Research,or applied science. Commercial Job Title: Senior Project Manager GSA Schedule Rate. $244.57/hour Minimum/General Experience: Has approximately 7 years'experience within information system project oriented environments.Leads planning,scheduling,monitoring,and reporting activities for projects. Facilitates needs assessment and development of recommended project control solutions to be used for planning,scheduling and tracking of each project though integration of various project management tools. Develops project controls and reporting procedures.Assists in the training of the project team on application of the procedures.Analyzes project progress/costs and assists with development and evaluation of alternatives when the project falls behind schedule or exceeds budget. Develops and delivers presentations to customer management. Integrates specific industry methodologies to appropriate project management solutions. Functional Responsibility: Provides supervision,person possesses a thorough understanding of the process requirements and provide both technical and management oversight of the project. Responsible for customer satisfaction,serves as the single point of contact,compliance with the Statement of Work,project planning and management,resource allocation,and reporting. Minimum Education: B.S.in Engineering, Mathematics,Computer Science,Operations Research,or -' applied science. Page ' 58 carahsoft. Commercial Job Title: Information Architect GSA Schedule Rate: S I95.00/hour Minimum/General Experience: Has approximately 2 years of experience with skills covering the planning, research,development,design,testing,evaluation,production,analysis,and implementation of multi-tier network configurations for web enabled applications.Possesses a clear understanding of the interrelationships of firewalls,network devices,and servers and clear knowledge of a specific web enabling technology(i.e.Microsoft or Netscape servers). Possesses experience with database and/or email integration,Internet network design(DMZ,routers,switching)and system administration practices. Functional Responsibility: Designs Intranet/Internet/Extranet architectures and develops implementations plans;administration activity;i.e.,hardware,security, firewalls. Implements security architecture using LDAP,SSL and firewalls. Installs,configures and maintains all Intranet/Internet/Extranet tools,databases and features;provides support to e-commerce and other systems. Implements server design,development, and operation as well as analyze and develop requirements for hardware sizing/capacity,data validation, security and integration points to other applications. Minimum Education: B.S. in Engineering,Mathematics,Computer Science,Operations Research,or applied science. Commercial Job Title: Senior Consulting Engineer GSA Schedule Rate: $230.00/hour Minimum/General Experience: Has approximately 10 years of experience. Possesses understanding covering the planning,research,development,design,testing,evaluation,production,analysis,and implementation of information systems,programs and equipment.Provides technical assistance to others working on requirements,definition,system requirements analysis,system level design and integration, operations support planning and/or the coordination of the preparation of system development specifications and specialty engineering plans.May be skilled in systems engineering,electrical engineering or industrial engineering activities. Functional Responsibility: Provides supervision,person provides technical or scientific and project support for multiple large-scale projects that cross-cut multiple specialization and product development areas. Applies advanced business and/or technical expertise to assist others with defining,analyzing,validating and documenting complex customer operating environments,states of technology and current engineering processes.Provides advanced technical support to others involved in applying specialized knowledge to complex customer processes and requirements.Supports complex technical investigations through advanced research techniques,analysis or development phases of engineering projects.Works with other engineering disciplines in the development and application of processes to improve quality,reliability,cost customer appeal,and satisfaction. Minimum Education: B.S. in Engineering,Mathematics,Computer Science,Operations Research,or applied science. Page 159 carahsoft, 4 32, IV 1. SCOPE The prices„terms and conditions stated under Special Item Number 132-52 Electronic Commerce(EC) Services apply exclusively to EC. Services within the scrape cif this Information Technology Schedule. 2. ELECTRONIC COMMERCE CAPACITY AND COVERAGE Tltc Ordering Activity shall specify the capacity and coverage required as part of the initial requirement. 3. INFORMATION ASSURANCE a. The Ordering Activity is responsible for ensuring,to the maximum extent practicable that each requirement issued is in compliance with the Federal Information Security Management Act (F ISM A) b. `The Ordering Activity shall assign an impact level(per I"ederal Information Processing,Standards �Publication 199 200 (TIPS 199,"Standards for Security Categorization of Federal Information and Information Systems")(F"IPS 200, "Minimum Security Requirements for Federal Information and Information Systems")prior to issuing the initial statement of work. Evaluations shall consider the extent to which each proposed service accommodates the necessary security controls based upon the assigned impact level. The Contractor awarded SIN 132-52 is capable of meeting at least the minimum security requirements assigned against a low-impact information system (per PIPS 200). c. The Ordering Activity reserves the right to independently evaluate, audit, and verily the FISMA compliance for any proposed or awarded Electronic Commerce services. All F ISMA certification, accreditation, and evaluation activities are the responsibility of tile ordering activity. 4. DELIVERY SCHEDULE. The Ordering Activity shall specify the delivery schedule as part of the initial requirement. The Delivery Schedule:options are hound in Information for Ordering Activities Applicable to All Special Item Numbers,paragraph 6. Delivery Schedule. 5. INTEROPERABILITY. When an Ordering Activity requires interoperability, this requirement shall be included as part of the initial requirement. Interfaces may be identified as interoperable on the basis of participation in a sponsored program acceptable to the Ordering Activity. Any such access or interoperability with teleportslgateavays and provisioning, of enterprise service access will be defined in tine individual requirement. 6. CORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders,or task orders for ordering electronic services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all electronic services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion ofthe order. Orders for tasks which extend beyond tite fiscal year for which funds are available shall include FAR 52.232-19([Deviation. May 2003)Availability of Page 160 carahsoft. Funds for the Next Fiscal Year.The purchase order shall specify the availability of funds and the period for which funds are available. b.All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract,the contract will take precedence. 7. PERFORMANCE OF ELECTRONIC SERVICES The Contractor shall provide electronic services on the date agreed to by the Contractor and the ordering activity. 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances,and regulations(Federal, State,City,or otherwise) covering work of this character. 9. RIGHTS IN DATA The Contractor shall comply FAR 52.227-14 RIGHTS IN DATA—GENERAL and with all laws,ordinances, and regulations(Federal,State,City, or otherwise)covering work of this character. 10. ACCEPTANCE TESTING If requested by the ordering activity the Contractor shall provide acceptance test plans and procedures for ordering activity approval.The Contractor shall perform acceptance testing of the systems for ordering activity approval in accordance with the approved test procedures. 11. WARRANTY The Contractor shall provide a warranty covering each Contractor-provided electronic commerce service.The minimum duration of the warranty shall be the duration of the manufacturer's commercial warranty for the item listed below: Please Refer to GSAADVANTAGE! For Specific Information Regarding Warranty The warranty shall commence upon the later of the following: a. Activation of the user's service b. Instal latiorL/deli very of the equipment The Contractor,by repair or replacement of the defective item,shall complete all warranty services within five working days of notification of the defect. Warranty service shall be deemed complete when the user has possession of the repaired or replaced item. If the Contractor renders warranty service by replacement,the user shall return the defective item(s)to the Contractor as soon as possible but not later than ten(10)working days after notification. 12. MANAGEMENT AND OPERATIONS PRICING The Contractor shall provide management and operations pricing on a uniform basis. All management and operations requirements for which pricing elements are not specified shall be provided as part of the basic service. 13. TRAINING The Contractor shall provide normal commercial installation,operation,maintenance,and engineering interface Page 161 carahsoft. training on the system. If there is a separate charge, indicate below: Please Refer to GSAADVANTAGE! FOR Specific Information 14. MONTHLY REPORTS In accordance with commercial practices,the Contractor may furnish the ordering activity/user with a monthly summary ordering activity report. 15. ELECTRONIC COMMERCE SERVICE PLAN (a) Describe the electronic service plan and eligibility requirements. Please Refer to GSAADVANTAGE! For Specific Information (b) Describe charges, if any, for additional usage guidelines. Please Refer to GSAADVANTAGE! For Specific Information (c)Describe corporate volume discounts and eligibility requirements, if any. Please Refer to GSAADVANTAGE! For Specific Information Page 62 carahsoft tedir"imogy corr. Carahsoft certifies that all dealers participating, in the performance of this contract have agreed that their performance will be in accordance with all terms and conditions of this GSA Schedule. For the complete listing ofautherired participating dealers please see. htt www.caral soft.com/bu / sa-schedule-c ntracts a-schedule-70M/authoriz d-dealer Page 163 Reseller Approved Manufacturer(s) 1PIus1 Technology EMC 5X Technology Red Hat,SAP 6D Global Adobe ABS Technology Gigamon,QTS Accelera Solutions AppSense, EMC, HP, Imprivata, Liquidware Labs, Nutanix, Precise Biometrics, Red Hat,ServiceNow,Tintri,Vmware Adaptive Cyber RSA Adapture F5 Aderas, Inc. Delphix Adsevero Trend Micro Advanced Computer Concepts Adobe,Condusiv,Gigamon, Nimble, RSA,SafeNet, Symantec,Veritas Advanced Market Place HP, Symantec Advanced Network Management F5,Splunk,Vmware Advantaged Solutions SAP Affigent, LLC(Formerly TKCIS) Adobe,Axway, QTS,Salesforce.com,SAP Agilet Solutions Symantec Agosto Google Aikya Incorporated Salesforce.com AITS(Advanced IT Services, LLC) Symantec Akira Technologies Adobe Alamo City Engineering Services,Inc Adobe,AvePoint,Avue, HP, IBM, Imperva,Oblong, Precise Biometrics,Socrata,Tripwire Alchemy Technology Group AppSense Alexander Open Systems(AOS) FS Alliance Technology Group Symantec Allied Network Solutions Adobe,SAP Alpha Sum Business Machines Adobe,SafeNet,Symantec,Veritas Alpha Technologies Tintri AlphaSix Corp(Synnex) Adobe,Arista, Nutanix,Splunk, Qlik Alvarez&Associates Adobe Amerinet of Michigan F5 AnaVation,LLC Salesforce.com Angus-Hamer,Inc. Adobe Apollo(Group) Information Systems Arista, FireEye Applied Engineering Management Carahsoft CON-SKUs Corp/Vizuri Aprisa Technology Adobe, EMC, RSA,Symantec,Veritas,Vmware Aquila HP, FireEye ARH, LLC EMC, F5,Symantec Assurance Data Imperva Atrion FireEye, Nimble ATSolutions Inc Nimble August Schell ALL Aurora Adobe,Jama,Symantec Aurotech Veritas Avid Systems Good Technology/Blackberry, Precise Biometrics, RSA B7 ALL BAI Federal/Blackwood Associates Inc FireEye, Gigamon, Infoblox,Splunk Bart and Associates Red Hat BCS Systems Kofax Bear Bridge Symantec,Veritas Bear Data F5 Bell Techlogix Symantec, Vmware BizTech Fusion Box Black Box Network Services Certipath Blue Door Networks Splunk Blue Tech Adobe, Good/Blackberry,Jama, SafeNet,Symantec Bluesource Inc Symantec Buchanan&Edwards EMC, F5, SAP Cache Valley Electric(CVE) Splunk Cambridge Computer Services Nimble Carolina Advanced Digital Infoblox Cask, LLC. ServiceNow CDW Government Inc. Adobe,AppSec/Trustwave,Autodesk, EMC, F5, Good/BlackBerry, Imation,Jama, Kingston/Data Locker, RSA, Samsung Knox,SAP,Shavlik,Symantec,Veritas, Vmware, zScaler CentricslT F5 CenutryLink ExtraHop Networks Champion Solutions Group Tintri Channel Systems FireEye Chief Technologies QTS,Vmware Choice Solutions Nutanix CIGNEX Datamatics, Inc. Liferay Cincinnati Bell Technology Solutions F5 CJEN RSA ClearAvenue Salesforce.com �" Clearpath Solutions Group EMC ClearShark CON-SKUs, FS, FireEye,Gigamon,Splunk Cloud Sherpas Salesforce.com CloudGov Technologies,LLC FireEye CloudShape Dell/EMC,Google C-MCI (Chakrabarti Mgmt Consultancy,Inc.) Salesforce.com CNT Microsystems FireEye Coast to Coast Imation Collier IT(Vaske) FireEye,Splunk,Virtustream Column Technologies Splunk Communications Professionals,Inc. Adobe,Axway, Blackberry/Good, Bromium, CON-SKUs, Condusiv, EMC,Globalscape, Precise Biometrics, RSA, Symantec,Tintri,Tripwire,Veritas Compulink Technologies, Inc. Adobe,Condusiv,Gigamon,Symantec,Veritas CompuNet F5, Gigamon,Splunk Compuquip Technologies Inc. Symantec Computer Design Integration F5,ServiceNow,Vmware Computer Intelligence Association/Digital Adobe Information Services Computer Systems West dba Synapse IT Adobe Connect Solutions Adobe Contender Solutions ServiceNow Content Archiving Solutions EMC,Splunk Continental Resources Adobe,Symantec Controle, LLC Veritas Convergence Technology Consulting Adobe,AppSense/Trustwave,Autodesk, Liquidware Labs, Nutanix,Symantec,Vmware CoreSphere Salesforce.com Cornerstone Technology Solutions Nimble Corpnet Consulting Symantec Corporate Computer Solutions Symantec CounterTrade Products HP Software Creative Breakthroughs, Inc. (CBI) FireEye,Symantec Critical Start FireEye Crystal Clear Technologies Globalscape Custom Storage "cStor" 1OZig, F5, Nutanix,Splunk,Symantec,Tintri,VMware Cybermedia Technologies dba CTEC Akamai,QTS,Salesforce.com,ServiceNow,Virtustream, Vmware CyberTech Systems and Softare, Inc. Salesforce.com Dan Solutions F5 Data Pipe(Formerly Layered Tech(Formerly Symantec `_: New World Apps)) Databank(formerly Advanced Data Kofax Systems) DataEndure(Formerly Computer Media Symantec Technology/CMT) Datalink Corporation F5, Nutanix,Symantec Datec Inc. Nimble Dell Marketing Adobe,AppSense/Trustwave,Autodesk, Cloudera,CON- SKUs, F5, Invincea, Liquidware Labs, NCS, Nutanix, Red Hat, Safenet, Symantec,Virtustream,Vmware DH Technologies Arista, Liquidware Labs, Nutanix,Vmware Diltex Inc Condusiv, EMC,Symantec Direct Technology Group F5 Discover Technologies Adobe, Akamia,Aquia, Globalscape,Symantec DiscoverlT Solutions Symantec Distributed Information Technologies,Inc. CyberArk DLT Solutions AppSec/Trustwave, Okta, Symantec,Veritas Document Conversion Associates Kofax Document Systems, Inc Kofax Dynamic IT Solutions Cloudera Dynamic Systems FireEye DynTek Services AppSec/Trustwave,AppSense, Box, FireEye, Nutanix, ' Symantec,Veritas,Vmware E-9 Corporation Arista, EMC Eagle Technologies/Software Nimble EchoStar Technologies,Inc. Dell/EMC Edaptive Systems Symantec Efiia ServiceNow Emergent Adobe, CON-SKUs, FireEye, IBM, Imperva, Red Hat,SafeNet, Salesforce,SAP,Splunk,Symantec,Tripwire,Veritas, Vormetric/Thales e-Security Empower Solutions FireEye En Pointe Technologies, LLC Adobe, Nutanix,Symantec,VMware En-Net Services Adobe Enterprise Consulting Inc(ECI) FireEye EnvolveMEDIA Adobe EPC USA FireEye ePlus Technology EMC, F5, FireEye, HP, Nutanix, RSA,SafeNet, Splunk, Symantec,Veritas,Vmware Epoch EMC Ergonomic Group Symantec,Veritas ESVA IBM, Professional Services Exalt Adobe, Good/BlackBerry Extensys Inc Gigamon Faradyne Consulting Services FireEye FCN Inc. Adobe,Appsense/Trustwave, F5, FireEye, SafeNet,Skyhigh Networks,Splunk,Symantec,Tintri,Tripwire,Veritas, VMware Federal Defense Solutions F5, FireEye FedResults Carahsoft Consulting, Red Hat FedSolve Symantec FedTek VMware Fig Leaf Software Salesforce.com Five Points Technology Symantec Force3 Axway, EMC, F5, FireEye,Gigamon,SafeNet,Splunk,Tintri, VMware Foreground Security Inc. FireEye Forsythe Solutions Group FireEye Four LLC FireEye Four Points Technology Adobe, AppSec/Trustwave,Axway, Good/Blackberry, Condusiv, Delphix, EMC, F5, IBM, Precise Biometrics, RSA, Symantec Frontier Technologies Good/Blackberry Fusion PPT ServiceNow Garnet River Splunk GC Micro Red Hat,Tintri GCA Technology Symantec,Veritas GIS Services TerraGo,Tetra4D Global Technology Resources, Inc(GTRI) AppSense, Bromium, FireEye, Nimble,Splunk Globanet Consulting Services Symantec GMC Tek Axway G-Net Solutions Gigamon, FireEye Go Virtual Hub EMC GovConnection Adobe,AppSec/Trustwave, F5, EMC, HP, Nimble,Symantec, Veritas,Vmware Government Acquisitions, Inc. Adobe,Axway, Good/Blackberry, EMC, F5, FireEye, Globalscape, Lookout Mobile, Nimble, Nutanix, Red Hat, ServiceNow, Splunk,Symantec GovMobile, LLC Good/BlackBerry,Samsung Knox GovPlace Adobe,Acronis,AppSec/Trustwave,AppSense, Box, COW SKUs, Cyber-Ark, FireEye, ForgeRock, HP, HyTrust, Nimble, Pivotal,SafeNet, Salesforce, ServiceNow,Splunk,Symantec, Tripwire,Venafi,Veracode,Vmware,Vormetrix,Whiptail, Xceedium GovSmart EMC, F5, FireEye, HP Granite Data Solutions Axway �J Greyson Technologies F5 GSS Infotech, Inc Symantec GuidePoint Security,LLC Arista, CyberArk, F5, FireEye, Infoblox, Invincea,Splunk, Symantec,Vormetric/Thales e-Security GxP Partners Kofax HA Storage F5 Hayes eGovernment Splunk HCGI Hartford Condusiv Hershey Technologies Kofax HF Tech Services ServiceNow High Point Solutions, Inc. Gigamon HMB Kofax Hoplite Tintri HPC Solutions Condusiv, Symantec HUCS Consulting EMC Hye Tech Network&Security Solutions F5 B ICS Adobe Ideal Integrations Nimble Ideal System Solutions, Inc. Adobe, EMC,Symantec Image Access Corp Kofax ImageTech Systems,Inc. Kofax Imaging Solutions and Services(ISSI) Kofax Immersion Consulting Datawatch immixTechnology, Inc. Cloudera, FireEye IMPEX Technologies Nutanix IMPRES Technology Solutions Adobe, HP, RSA,SafeNet Incapsulate Salesforce Infinit Technology Solutions Symantec InfoCap Networks Kofax InfoLock Technologies Symantec Information Analysis,Inc. Adobe, IBM Information First HPE Information Management Consultants Kofax (Calibre) Innovate! Inc. Salesforce.com Inode Ink Nutanix, Qlik Insight Adobe, F5, HP, Nutanix, Red Hat, RSA,Symantec,Trend Micro, Veritas,Vmware IntegraOne Gigamon Intelligent Decisions Adobe,Ciena, EMC, F5, FireEye,Splunk,SSH Solutions, Symantec,VMware International Systems Marketing(ISM) CyberArk, FireEye,Symantec InteSoly Adobe Intuitive Technology Group Symantec IPI GrammTech Condusiv Iron Bow Adobe, Arista,Ciena, F5, FireEye, Gigamon, Nimble, Nutanix, Splunk,Symantec,Veritas,Vmware IronBrick F5, PernixData,Vmware,Vormetric/Thales e-Security IT Federal Sales Adobe,Active Risk,AvePoint, EMC, HP, Nimble, Recorded Future, SAP,Tripwire IT Navigation EMC, FireEye, Nimble ITS Partners Symantec,Veritas Ivoxy Consulting F5, Nutanix,Tintri,Vmware JASINT SafeNet JCMR Technology Symantec Jesmech Consulting Symantec Jtek Data Solutions EMC, QTS, RSA,ServiceNow JunoVenture Symantec,Veritas _ Kelyn Technologies Nimble KeyMark, Inc. Kofax Kingfisher Systems ServiceNow Kinney Group Splunk KLC Network Services,Inc. FireEye Konica Minolta Business Solutions Kofax, CON-SKUs Lancer Information Solutions Adobe, HP Lewis and Lewis Consulting Symantec,Veritas Lima Consulting Adobe LinTech Global, Inc ServiceNow Logicalis RSA Logisoft Computer Products Symantec M2 Technology VMware MAD Secuirty F5, FireEye Mainline Information Systems Red Hat Managing Editor,Inc(MEI) Adobe Matrix Ingenuity FireEye Maureen Data Systems Adobe MCPc Nimble Mercom Data Direct Networks Meridian IT F5, Nutanix Merlin International,Inc Adobe, CyberArk, F5, FireEye, HP,Symantec MicroTech Adobe, AppSec/Trustwave, AppSense,Axway, EMC, F5, Good/BlackBerry, HP, Symantec Milestone Systems, Inc F5 Minburn Technology Corp AppSense Mission Critical Systems FireEye, SafeNet MK Hamilton FireEye MODCOMP,Inc. Symantec Modern Gov IT(Formerly En Pointe Gov) Adobe, Condusiv, Nutanix,Shavlik,Symantec, VMware Morse Communications Nimble n2Grate FireEye, HP Namtek Corporation AvePoint, IBM, Imperva Netlocity Kofax Network Computing Architects Extra hop Network Runners Adobe Networking For Future,Inc. (NFF, Inc.) F5,Splunk NetX Information Systems Symantec,Veritas New Tech Solutions Adobe,AppSense,Axway,Cloudera,Condusiv, EVGA, F5, Good/Blackberry, HyperOffice,Jama, Kofax, Mark Logic,OC Systems, Precise Biometrics, Progress, Quantum 4D, SafeNet, Salesforce.com,SAP,Symantec,Tripwire,Veritas, Vmwa re Newberry Group,Inc. FireEye NextGen Consulting Inc. ServiceNow Nexum Arista, F5, FireEye Nexus Consortium Extrahop,ServiceNow Nexus IS F5 Novacoast, Inc Symantec,Veritas Nsite Adobe Nuvocomp Tintri OnX Enterprise Solutions Symantec Optiv Federal/Security Axway,CON-SKUs, CyberArk, F5; FireEye,Gigamon, Good/BlackBerry, Imperva, Infoblox, Okta, RSA,SafeNet, Splunk, Symantec,Tripwire,Veracode,Vormetric/Thales e- Security Opus Group Salesforce OTI ITIL V3 Solutions ServiceNow Pacific Star Communications(PacStar) Adobe Parabal Accellion,Good/BlackBerry,Cellebrite, EMC, Lookout, Samsung Knox Parallel 6 Adobe Pascack Data Services,Inc Symantec r Patriot IT Corp FireEye `-' Patriot Technology F5, FireEye, IBM,Tripwire PC Mall Gov, Inc. Adobe,Condusiv, Kingston/Datalocker, FireEye,SafeNet, Symantec Peak Resources Splunk Pillar Global Solutions SafeNet,Tintri,TripWire Plan B Government Systems,Inc EMC,Symantec Plurality Solutions Adobe, FireEye Presidio Networked Solutions, Inc. Adobe, Ciena, Cyber-Ark, EMC, Extrahop, F5, FireEye, Gigamon, HP, Infoblox, Liquidware Labs, Nimble, Nutanix, RSA,Splunk,Symantec,TripWire,Vmware Professional Information Systems VMware ProSys Information Systems, Inc. Splunk,Veritas Pycube EMC QFlow Systems Kofax QnA Tech ServiceNow,Symantec,Vmware Quality Associates Inc Kofax Rapid Access Communications Enterprise Certes Network Red River Computer Co Adobe,Akamai, F5, FireEye, Imation, Red Hat,SafeNet, ServiceNow,Splunk,Symantec,Virtustream, Vmware ' RedHawk IT Solutions,LLC Adobe REI Systems Salesforce.com ReliaQuest HP Reliasource Nlyte RightlSystems EMC, FireEye RightStar Systems Nlyte Riskconnect Salesforce.com Rocky Mountain Ram Imation ROH Inc. Kofax Ronco Comm. Ciena Savii Group HP Sayers40,Inc FireEye Schematick Technologies,LLC F5,Symantec Shadow-Soft Red Hat SHI International Adobe,Autodesk, Box,Condusiv, EMC, F5, FireEye, Good/BlackBerry, Imperva, Infoblox,Jama, Nimble, Nutanix, Red Hat, Soctrata, Splunk, Symantec,Veracode, Veritas, VizionCore,Vmware Silvereye Technologies TripWire SIRC(Software Information Resource Corp) Adobe,Akamai,AvePoint,Axway, CyberArk, EMC, F5, FireEye, Good/BlackBerry, HP, IBM, Imation, LexisNexis, QlikTech, RSA,SafeNet,SalesForce,SAP, Splunk,Symantec, TerraGo,Veracode Sirius Computer Solutions EMC, FireEye, Nutanix,Splunk,Symantec,Veritas,VMware Smart IT Pros Precise Softchoice Corp Adobe,Condusiv,Jama,Symantec,Tripwire,VMware SoftMart Adobe Software Express Adobe,Symantec Solutions Simplified Adobe,Autodesk,Avere, CON-SKUs, Docusign, FireEye, Gigamon, Imperva, Nimble,Salesforce,SAP,Splunk, Symantec,Tripwire Sondhi Solutions FireEye Spear Splunk SRC(Scientific Research Corporation) Cloudera SSP Data F5, FireEye Stealth Entry Symantec Sterling Computers Adobe,Cloudera, EVGA, F5, Nutanix,SAP,Symantec, VMware Storage Engine EMC Storage IT Solutions Whiptail StorageHawk EMC, F5, Nimble, Nutanix,Symantec,Tintri,VMware Strategic Operational Solutions(SOS) EMC Structured Communication Systems, Inc. Splunk Sun Management Arista, FireEye, Infoblox Synapse Networks Infoblox Systems Management/Planning Inc. Symantec,Veritas Taborda Solutions Adobe, CON-SKUs, EMC,Symantec Tangible Software F5 Technica Corp CON-SKUs, CyberArk, RSA,Symantec,Vmware,Xceedium Technology Integration Group(TIG) EMC, Nutanix,VMware Technology Solutions Provider,Inc(TSPQ Adobe, EMC, FireEye,Symantec,TripWire TechTrend F5, FireEye, Infoblox TechXtend Tintri TegSys Symantec Tevora Business Solutions FireEye Thundercat Technology,LLC Arista,Cloudera, EMC, F5,Gigamon, HP, Liquidware Labs, Nimble, Nutanix,ServiceNow,Splunk,Symantec,Veritas, Vmware Top Tier Technology Adobe, EMC Triad Technology Partners ServiceNow Tribalco FireEye Triple Point Security FireEye,Gigamon TTC Adobe TVAR Arista,Autodesk,CON-SKUs, EMC, F5, FireEye, Good/BlackBerry, HyTrust, Nutanix, Pernix Data, Red Hat, Splunk,Symantec,Tintri,Tripwire,Veritas,Vmware UDT Public Sector Symantec UNICOM Government Inc.(Formerly GTSI Adobe,Axway, CON-SKUs, EMC, F5, Symantec,Veritas, Corp.) VMware Unified Communication FireEye Mate Nimble VAE AppSec/Trustwave, FireEye Valcom Salt Lake City, LC dba VLCM Tintri Valerent, Inc Symantec Vandis Exabeam, F5, FireEye,Symantec, z5caler Veteran Technology Solutions Imation VetsAmerica Business Consulting Salesforce.com Video and Telecommunications,Inc. Adobe Vinitech F5 Vion QTS,Tintri Vision Technologies Ciena Vology Virtustream Washington Computer Services FireEye,Symantec Webhouse,Inc. Symantec Widepoint Cybersecurity Solutions Axway, RSA Corp/Operational Research Consultants, Inc World Wide Technology F5, EMC,Splunk,Vmware Xtek Partners Arista,Symantec Yash Solutions Tintri York Telecom Corp(Yorktel) Adobe Zia Consulting Inc. Alfresco Zibiz EMC Zones Adobe, Nutanix,Symantec,VMware rsa�R. Reseller Approved Manufacturer(s) Appnovation Acquia (8036223) O Vion QTS,Tintri Vision Technologies Ciena Washington Computer Services FireEye,Symantec Webhouse, Inc. Symantec World Wide Technology F5, EMC, Red Hat,Vmware Xtek Partners Arista,Symantec Yash Solutions Tintri York Telecom Corp(Yorktel) Adobe Zia Consulting Inc. Alfresco Zibiz EMC Zones Nutanix,Symantec carahsolft u I'll f G �"IiI „t�'6" to +�td�r T Contractors participating in contractor team arrangements must abide by all terms and conditions o1` their respective contracts. This includes compliance with Clauses 552.238-74, Industrial Funding. Fee and Sales Deporting, i.e., each contractor(team member) must report sales and remit the IFF for all products and services provided under its individual contract. For the complete lasting of Contractor "Team Arrangements please see: http://ww%v.carahsofl.c:om/appllicatioii/files/6914/7499/0331/'I'c�aiiiin�1'art.ner pd Page 164 carahsoft t Teaming Partners Accuvant Inc. Advanced Solutions Inc Alamo City Engineering Services AnaVation A risa Technology ARH,LLC Avid Systems BAE Systems Blue Tech Inc. Cloud Sher as Column Technologies, Inc. Cores here CounterTrade Products DLT Solutions,Inc. Dynamic Systems, Inc. Emergent ESVA FedResults FedSolve GovConnection Government Acquisitions GovPlace High Point Solutions, Inc. HMB Immersion Consulting Inca sulate InfoCap Intelligent Decisions 1T Federal Sales M2 Technology Inc m2ti Mercom Corporation Netlocity New Tech PC Mall Gov CA Quality Technology Services Red River SHI Softchoice Corporation Canada Spear Systems Integration Technica Corporation Triad Technology Partners, LLC TSPI (Technology Solutions Provider, Inc. 1860 MICHAEL FARADAY DRIVE 1 SUITE 100 1 RESTOH,VA 20190 IT:703.871.8500 1 888.66.CARAH IF:703.871.8505 1 WWW.CARAHSOFr.COM carahsoft 'Cim Maae )reran The following manufacturers Commercial Supplier Agreements have been vetted and approved by GSA for inclusion into the GSA Schedule Contract: littp //w,Au w.camatisot't.ccm/bLrx//�,sa scliedLile-contracts/tea ,!,lhedule-70/CLIla I'a ;e 165 Nutanix Inc. 17,35 Technology Drive �_.to 575 San Jose,CA 95110 htta://www.nutanix.com/ Carahsoft Rider to Manufacturer End User License Agreements (for U.S.Government End Users) 1. Scope. This Carahsoft Rider and the Nutanix Inc. (`Manufacturer')End User License Agreement(EULA) establish the terms and conditions enabling Carahsoft to provide Software and Services to U.S. Government agencies(the "Client" or"Licensee"). 2. Applicability. The terms and conditions in the attached Manufacturer EULA are hereby incorporated by reference to the extent that they are consistent with Federal Law(e.g., the Anti-Deficiency Act(31 U.S.C. § 1341(a)(1)(13)), the Contracts Disputes Act of 1978 (41. U.S.C. § 601-613),the Prompt Payment Act, the Anti- Assignment statutes(31 U.S.C. §3727 and 41 § U.S.C. 15),28 U.S.C. § 516(Conduct of Litigation Reserved to Department of Justice(DOJ), and 28 U.S.C. § 1498 (Patent and copyright cases)). To the extent the terms and conditions in the Manufacturer's EULA are inconsistent with the Federal Law(See FAR 12.212(a)), they shall be deemed deleted and unenforceable under any resultant orders under Carahsoft' s contract#GS-35F-0119Y, including, but not limited to the following: (a) Contracting Parties. The Government customer(Licensee) is the "Ordering Activity","defined as an entity-' authorized to order under GSA contracts as set forth in GSA ORDER 4800.2G ADM, as may be revised from time to time. The Licensee cannot be an individual because any implication of individual licensing triggers the requirements for legal review by Federal Employee unions. Conversely, because of competition rules, the contractor must be defined as a single entity even if the contractor is part of a corporate group. The Government cannot contract with the group,or in the alternative with a set of contracting parties. (b) Changes to Work and Delays. Subject to GSAR Clause 552.243-72, Modifications(Federal Supply Schedule) (July 200 0)(Deviation I 2010)(AUG 1987), and 52.212-4(f) Excusable delays. (JUN 2010)regarding which the GSAR and the FAR provisions shall take precedence. (c) Contract Formation. Subject to FAR Sections 1.601(a)and 43.102,the Government Order must be signed by a duly warranted contracting officer, in writing. The same requirement applies to contract modifications affecting the rights of the parties. All terms and conditions intended to bind the Government must be included within the contract signed by the Government. (d) Audit. During the term of this Agreement: (a) If Ordering Activity's security requirements included in the Order are met, Manufacturer or its designated agent may audit Ordering Activity's facilities and records to verify Ordering Activity's compliance with this Agreement. Any such audit will take place only during Ordering Activity's normal business hours contingent upon prior written notice and adherence to any security measures the Ordering Activity deems appropriate, including any requirements for personnel to be cleared prior to accessing sensitive facilities. Carahsoft on behalf of the Manufacturer will give Ordering Activity written notice of any non-compliance, including the number of underreported Units of Software or Services("Notice");or(b) If Ordering Activity's security requirements are not met and upon Manufacturer's request,Ordering Activity (a) Error'.Unknown document property name. will run a self-assessment with tools provided by and at the direction of Manufacturer("Self-Assessment")to verify Ordering Activity's compliance with this Agreement. (e) Termination. Clauses in the Manufacturer EULA referencing termination or cancellation the Manufacturer's EULA are hereby deemed to be deleted. Termination shall be governed by the FAR 52.212-4 and the Contract Disputes Act,41 U.S.C. §§ 601-613, subject to the following exceptions: Carahsoft may request cancellation or termination of the License Agreement on behalf of the Manufacturer if such remedy is granted to it after conclusion of the Contracts Disputes Act dispute resolutions process referenced in Section Q below or if such remedy is otherwise ordered by a United States Federal Court.. (f) Consent to Government Law/Consent to Jurisdiction. Subject to the Contracts Disputes Act of 1978 (41. U.S.0 §§ 7101-7109)and Federal Tort Claims Act(28 U.S.C. §1346(b)). The validity, interpretation and enforcement of this Rider will be governed by and construed in accordance with the laws of the United States. In the event the Uniform Computer Information Transactions Act(UCITA)or any similar federal laws or regulations are enacted,to the extent allowed by law, it will not apply to this Agreement, and the governing law will remain as if such law or regulation had not been enacted. All clauses in the Manufacturer EULA referencing equitable remedies are deemed not applicable to the Government order and are therefore deemed to be deleted. (g) Force Majeure.Subject to FAR 52.212 -4 (0 Excusable delays.(JUN 2010). Unilateral Termination by the Contractor does not apply to a Government order and all clauses in the Manufacturer EULA referencing unilateral termination rights of the Manufacturer are hereby deemed to be deleted. (h) Assignment.All clauses regarding Assignment are subject to FAR Clause 52.232-23, Assignment of Claims (JAN 1986)and FAR 42.12 Novation and Change-of-Name Agreements, and all clauses governing Assignment in the Manufacturer EULA are hereby deemed to be deleted. (i) Waiver of Jury Trial. All clauses referencing waiver of Jury Trial are subject to FAR Clause 52.233-1, Disputes(JUL. 2002),and all clauses governing waiver of jury trial in the Manufacturer EULA are hereby deemed to be deleted. 0) Customer Indemnities. All Manufacturer EULA clauses referencing Customer Indemnities are hereby deemed to be deleted. (k) Contractor Indemnities. All Manufacturer EULA clauses that(1)violate DOD's right(28 U.S.C. 516)to represent the Government in any case and/or(2) require that the Government give sole control over the litigation and/or settlement, are hereby deemed to be deleted. (1) Renewals. All Manufacturer EULA clauses that violate the Anti-Deficiency Act(31 U.S.C. 1341, 41 U.S.C. 11) ban on automatic renewal are hereby deemed to be deleted. (m)Future Fees or Penalties. All Manufacturer EULA clauses that violate the Anti-Deficiency Act(31 U.S.C. L 1341,41 U.S.C. 11),which prohibits the Government from paying any fees or penalties beyond the Contract 2 amount, unless specifically authorized by existing statutes, such as the Prompt Payment Act, or Equal Access To Justice Act 31 U.S.C. 3901, 5 U.S.C. 504 are hereby deemed to be deleted. (n) Taxes. Taxes are subject to FAR 52.212-4(k), which provides that the contract price includes all federal,state, local taxes and duties. (o) Third Party Terms. Subject to the actual language agreed to in the Order by the Contracting Officer. Any third party manufacturer will be brought into the negotiation,or the components acquired separately under Federally- compatible agreements, if any. Contractor indemnities do not constitute effective migration. (p) Installation and Use of the Software. Installation and use of the software shall be in accordance with the Rider and Manufacturer EULA, unless an Ordering Activity determines that it requires different terms of use and Manufacturer agrees in writing to such terms in a valid task order placed pursuant to the Government contract. (q) Dispute Resolution and Venue. Any disputes relating to the Manufacturer EULA and to this Rider shall be resolved in accordance with the FAR, and the Contract Disputes Act,41 U.S.C. §§ 7101-7109. The Ordering Activity expressly acknowledges that Carahsoft,on behalf of the Manufacturer, shall have standing to bring such claim under the Contract Disputes Act. (r) Limitation of Liability: Subject to the following: Carahsoft, Manufacturer and Ordering Activity shall not be liable for any indirect, incidental, special,or consequential damages, or any loss of profits, revenue,data,or data use. Further, Carahsoft, Manufacturer and Ordering Activity shall not be liable for punitive damages except to the extent this limitation is prohibited by applicable law. This clause shall not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this Government Contract under any federal fraud statute, including the False Claims Act, 31 U.S.C. §§ 3729- 3733. (s) Advertisements and Endorsements. Unless specifically authorized by an Ordering Activity in writing, such use of the name or logo of any U.S. Government entity is prohibited. (t) Public Access to Information. Manufacturer agrees that the EULA and this Rider contain no confidential or proprietary information and acknowledges the EULA and this Rider will be available to the public. (u) Confidentiality. Any provisions that require the Licensee to keep certain information confidential are subject to the Freedom of Information Act, 5 U.S.C. §552, and any order by a United States Federal Court. 3 DocuSign Envelope ID:EA9C7E6F-BD5D-4959-B5C8-BD32DAB8CCE8 NUTANI . o END USER LICENSE AGREEMENT BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE YOU AGREE TO THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE "AGREEMENT"), AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THIS AGREEMENT. YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO CONTRACTS. YOUR USE OF THE SOFTWARE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT,YOU MAY NOT INSTALL OR USE THE SOFTWARE. 1. About This Agreement. This Agreement applies to all Software and Documentation made available by Nutanix, Inc. ("Nutanix")to you. "Software" means the Nutanix software product which requires acceptance of this Agreement,and any copies made by or on your behalf, in object code format, including without limitation firmware. The term "Software" also includes any updates, upgrades or other new features, functionality or enhancements to the Software made available to you. "Documentation" means any on-line read me, help files, or other related explanatory materials that accompany the Software. 2. License. The Software and Documentation are licensed, not sold, to you by Nutanix. Subject to the terms and conditions of this Agreement, including payment of the purchase price and/or all fees, you are hereby granted a personal, limited, non-exclusive, non-sublicensable and non-transferable right to run one copy of the object code version of the Software on one machine for internal use and non-commercial purposes only. You agree to use your best efforts to prevent and protect the contents of the Software and Documentation from unauthorized disclosure or use. Nutanix and its licensors reserve all rights, including but i not limited to ownership and intellectual property rights, not expressly granted to you. Nutanix's licensors are the intended third party beneficiaries of this Agreement and have the express right to rely upon and directly enforce the terms set forth herein. There are no implied licenses granted by Nutanix under this Agreement. Except as specified above,you shall have no rights to the Software. 3. Use. 3.1 Limitation on Use: You may not use the Software or Documentation except as permitted in this Agreement. Except with Nutanix's prior written consent, you may not: (i) alter, modify or create any derivative works of the Software, the underlying source code, or the Documentation in any way, including without limitation customization, translation or localization; (ii) port, reverse compile, reverse assemble, reverse engineer, or otherwise attempt to separate any of the components of the Software or derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction, in which case you agree to provide Nutanix with at least ninety (90) days advance written notice of your belief that such action is warranted and permitted, and provided that you give Nutanix the opportunity to determine if such action is warranted under the law); (iii) copy, redistribute, encumber, sell, rent, lease, license, sublicense, or otherwise transfer rights to the Software or Documentation; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software or Documentation; (v) block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Software. You may not release the results of any performance or functional evaluation of any of the Software to any third party without prior written approval of Nutanix for each such release. You may not cause or permit any third party to do any of the foregoing. 3.2 Third Party Software. You acknowledge that the Software may contain copyrighted software of Nutanix's suppliers which are obtained under a license from such suppliers ("Third Party Software"). All third party licensors and suppliers retain all right, title and interest in and to such Third Party Software and all copies thereof, including all copyright and other intellectual property rights. Your use of any Third Party End User License Agreement Page 1 DocuSign Envelope ID:EA9C7E6F-BD5D-4959-B5C8-BD32DABBCCE8 NUTAN' Software shall be subject to, and you shall comply with, the terms and conditions of this Agreement, and the r`1 applicable restrictions and other terms and conditions set forth in any Third Party Software documentation or printed materials, including without limitation an end user license agreement. Copyright notices and licensing terms and conditions applicable to the Third Party Software are available for review with the Software documentation on the Nutanix Support site at www.nutanix.com/support. 4. Proprietary Rights. You acknowledge and agree that the Software belongs to Nutanix or its licensors. You agree that you neither own nor hereby acquire any claim or right of ownership to the Software and Documentation or to any related patents, copyrights, trademarks or other intellectual property, including all modifications and derivative works of any of the foregoing. Nutanix and its licensors retain all right, title and interest in and to all copies of the Documentation and the Software at all times, regardless of the form or media in or on which the original or other copies may subsequently exist. This license is not a sale of the original or any subsequent copy. The Software and Documentation are protected by copyright and other intellectual property laws and by international treaties. You may not make any copies of the Software except for your own personal use. Any and all other copies of the Software or Documentation made by you are in violation of this license. All content accessed through the Software is the property of the applicable content owner and may be protected by applicable copyright law. This license gives you no rights to such content. All trademarks used in connection with the Software and Documentation are owned by Nutanix, its affiliates and/or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. All suggestions or feedback provided by you to Nutanix with respect to the Software shall be Nutanix's property and deemed Confidential Information of Nutanix. 5. Support. Nutanix's support obligations for the Software, if any, are set forth in the Support Terms and Conditions,which may be found at www.nutanix.com/support. 6. Term and Termination. This Agreement and your right to use the Software and Documentation may be terminated by you or by Nutanix at any time upon written notice. This Agreement automatically terminates if you fail to comply with its terms and conditions. Immediately upon termination,you shall return or destroy all copies of the Software and Documentation in your possession, custody or control and if requested you shall certify to Nutanix in writing that such return or destruction has occurred. The following sections of this Agreement survive any expiration or termination hereof: 1 and 4- 14. 7. NO WARRANTY. EXCEPT AS PROVIDED IN THE NUTANIX LIMITED WARRANTIES DOCUMENTATION, YOU AGREE THAT THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND THAT COMPANY AND ITS LICENSORS MAKE NO OTHER WARRANTY AS TO THE SOFTWARE OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION UNINTERRUPTED USE, ACCURACY, AND DATA LOSS. COMPANY AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF COMPANY KNOWS OR SHOULD HAVE KNOW OF SUCH PURPOSE), RELATED TO THE SOFTWARE OR DOCUMENTATION, ITS USE OR ANY INABILITY TO USE IT, THE RESULTS OF ITS USE AND THIS AGREEMENT. COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION OR ANY RESULTS OF USE THEREOF WILL BE FREE OF DEFECTS, ERRORS OR VIRUSES, RELIABLE OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS OR IN A PARTICULAR ENVIRONMENT OR THAT ERRORS THEREIN, IF ANY, WILL BE CORRECTED. 8. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING ` NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU SHALL HAVE THE SOLE RESPONSIBILITY FOR PROTECTING YOUR DATA, BY PERIODIC BACKUP OR OTHERWISE, USED IN End User License Agreement Page 2 DocuSign Envelope ID:EA9C7E6F-BD5D-4959-B5CB-BD32DAB8CCE8 NUTANI CONNECTION WITH THE SOFTWARE. IN ANY CASE, COMPANY'S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE THE REPLACEMENT OF THE SOFTWARE FOUND TO BE DEFECTIVE, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF COMPANY TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. 9. Infringement. Nutanix shall defend or settle,at its own expense,any third-party action against you to the extent based upon a claim that the Software infringes any copyright or trademark or misappropriates any trade secret,and will pay such damages or costs as are finally awarded against you attributable to such claim, provided that you (i) notify Nutanix promptly in writing of any such action, (ii)give Nutanix sole control of the defense and/or settlement of such action,and (iii) give Nutanix all reasonable information and assistance, and (iv) are not in material breach of this Agreement. Should the Software become, or in the opinion of Nutanix be likely to become,the subject of such an infringement claim, Nutanix may replace or modify, in whole or in part,the Software to make it non-infringing. Nutanix assumes no liability hereunder for: (i)any method or process in which the Software may be used; (ii) its compliance with your specifically requested specifications; (iii) use of software other than a current unaltered release of the Software; (iv) the combination, operation or use of the Software with non-Nutanix products or services;or(v) use of any older version of the Software when the use of a newer release of the Software made available to you would have avoided the infringement, and you shall indemnify and hold harmless Nutanix and its officers, directors,employees,agents, successors and assigns against any damages, losses, and expenses(including reasonable attorneys'fees) arising from any third-party action to the extent based upon a claim that the Software infringes any copyright or trademark or misappropriates any trade secret due to any of the foregoing factors,and shall give Nutanix all reasonable information and assistance regarding such claim. THIS SECTION 9 SETS FORTH NUTANIX'S ENTIRE LIABILITY AND OBLIGATION AND YOUR SOLE REMEDY FOR ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. 10. Confidentiality. "Confidential Information" shall mean the Software and Documentation and all other information disclosed to you that Nutanix characterizes as confidential at the time of its disclosure either in writing or orally, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes,from no act or failure to act on your part,generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least 3 years after termination of this Agreement, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Nutanix. You shall not use any Confidential Information other than in the course of the activities permitted hereunder. You shall notify Nutanix in writing immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Agreement, and will cooperate with Nutanix in every reasonable way to regain possession of Confidential Information and prevent any further unauthorized use. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Nutanix prior to such disclosure to allow Nutanix an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Nutanix in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you `J shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements. End User License Agreement Page 3 DocuSign Envelope ID:EA9C7E6F-BD5D-4959-B5C8-BD32DAB8CCE8 NUTAN 11. Iniunctive Relief. You acknowledge and agree that your breach or threatened breach of this Agreement shall cause Nutanix irreparable damage for which recovery of money damages would be inadequate and that Nutanix therefore may obtain timely injunctive relief to protect its rights under this Agreement in addition to any and all other remedies available at law or in equity. 12. Export Controls. The Software and Documentation and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software and/or Documentation, you are agreeing to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and you agree to comply with all export laws and other applicable laws. 13. U.S. Government End Users. The Software and Documentation each were developed by private financing and constitute "Commercial Items," as that term is defined at 48 C.F.R. §2.101. The Software consists of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202-1 through 227.7202-4, all U.S. Government End Users acquire only those rights in the Software and the Documentation that are specifically provided by this Agreement. Consistent with 48 C.F.R. §12.211, all U.S. Government End Users acquire only technical data and the rights in that data customarily as specifically provided in this Agreement. 14. Miscellaneous. (a) This Agreement is a part of the Purchase Terms and Conditions, which may be found at www.nutanix.com/support, and may only be modified by a written amendment signed by an authorized executive of Nutanix. Capitalized terms not defined herein shall have the meaning set forth in the Purchase Terms and Conditions. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of California, U.S.A., excluding its conflict of law provisions. (c) You expressly agree that jurisdiction for any claim or dispute arising from the use of the Nutanix Software resides in the federal and state courts situated in the Santa Clara County, California, U.S.A., and you consent to the personal jurisdiction thereof. (d) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (e) If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect, or Nutanix may at its option terminate this Agreement. (f) The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance,shall not waive such term or condition or any subsequent breach thereof. (h)You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Nutanix may assign this Agreement to any person or entity at its sole discretion. (i) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. 15. User Outside the U.S. If you are using the Software or Documentation outside the U.S.A., then the following shall apply: (a) You confirm that this Agreement and all related documentation is and will be in the English language; (b) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use the Software and Documentation, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this license enforceable. End User License Agreement 764-0001-0001 Revision A December 7, 2011 End User License Agreement Page 4 carahsoft -j: Introduction This Federal Supply Schedule Addendum supplements GSA Federal Supply Schedule Contract Dumber GS-35F- 0119Y between Carahsoft Technology Corporation and the General Services Administration, The Adobe Category Management Offering addresses current OMB Memorandum's (M-16-04, M-16-12), Circular A- 130, OFPP and, GSA Federal Cyber, electronic government and Category Management policy requirements. The Adobe Data Centric Security and Electronic Signature Solutions provide the best-in-class technology to the federal government. Providing a streamlined avenue for agencies to acquire Adobe technology through category management will improve the acquisition and management of the proposed solutions. Adobe enterprise digital rights Category management The Adobe Enterprise Digital Rights Management Bundle provides a DIEM solution to documents allowing only people with specific credentials the ability to apply persistent protection to sensitive documents and information. With this level of dynamic protection you can revoke and change permissions within a document regardless of document location and you can protect against potential fraudulent activity. In addition, you can perform certificate based digital signatures on PDF documents when used with Acrobat*, Discount Discount Discount levell level2 level3 SKU Description list Price GSA Price >$6 Mdf, >$15M >$20M Annual Annual Annual Spend' Spend' Spend" 21 OT-1423-DRM1 ,Adobe Enterprise Digital Rights Management Bundle $405,600.00 $367,623.29 8% 15% 30% 12 Months TERM Tier 1:Up to 1,000 Users 21 OT-1423-DRM2 Adobe Enterprise Digital Rights Management Bundle $625,600.00 $567,023.29 8% 15% 30% 12 Months TERM Tier 2:Up to 5,000 Users 21OT-1423-DRM3 Adobe Enterprise Digital Rights Management Bundle $1,251,200.00 S1,134,046.58 e% 15% 30% 12 Months TERM Tier 3:Up to 10,000 Users 21 OT-1 423-DRM4 Adobe Enterprise Digital Rights Management Bundle S2,777,400.00 $2,517,343.16 8'%ro 15% 30°Pro 12 Months TERM Tier4: Up to 25,000 Users 21 OT-1423-DRM5 Adobe Enterprise Digital R¶ghts Management Bundle $5,554 800.00 $5,034,686,32 8% 15% 30% 12 Months TERMTier 5: Up to 50,000 Users Adobe Consulting Services are required with the purchase of each bundle listed above. The recommended number of hours per bundle are llisted below. 2.1 OT-1423-DRM1 — Up to 165 Hours 0 210T-1423-DRM2 —Up to.. 330 Hours 210T-1423-DRM3—Up to 330 Hours a 210T-1423-DRM4—Up to 490 Hours r 210T-1423-DRM5— Up to 670 Hours Please note, the hours listed above are estimates. Each agency may require more or less hours depending on project scope. All service items are available to the government at the GSA Schedule Price. *Discount Level Detail Page; 166 carahsoft technology corF Aggregate discounts are calculated on a per agency basis.Agencies are eligible for additional discounts based on the following; • Level 1 Discount Level is reached when parent agency reaches annual spend of$5,000,000.00 • Level 2 Discount Level is reached when parent agency reaches annual spend of$15,000,000.00 • Level 3 Discount Level is reached when parent agency reaches annual spend of$20,000,000.00 Annual spend is calculated based on the total aggregate purchases made by any combination of sub agencies that fall underneath a parent agency in a 12 month period. The 12 month Period, or annual spend, is calculated based on the Adobe Fiscal Year which begins on December 1 51. A full listing of eligible parent and sub agencies can be found on OPM.gov located HERE. In addition to the bundle pricing and discounts offered in the chart above, Carahsoft would like to offer the government additional discounts for all Adobe Experience Manager and Analytics software available on the GSA Schedule. Upon the purchase of any bundle listed above the ordering agency will receive 7% off any additional— Adobe Term licenses. The initial period of performance for all eligible Adobe Term Licenses purchased will be 12 months. In the event an ordering organization should require a custom or pro-rated period of performance, we will work with the agency on a per opportunity basis. The additional 7% discount for add on licenses will be offered so long as ordering agency has an active DRM Bundle Term License. We are dedicated to providing the Enterprise Digital Rights Management solution to all federal agencies regardless of agency size. The Adobe team welcomes the opportunity to support any ordering organization that may require less than 1,000 users and custom configurations may be discussed on a per opportunity basis. Discounts cannot be combined with discounts offered on existing BPA's or contracts that an agency may have in place with Carahsoft or an authorized Adobe/Carahsoft reseller. *Bundle requires supported version of Acrobat to be installed **Additional discounts limited to Adobe Experience Manager and Analytics Software only, excludes services and training. Page 167 carahsoft Adobe (Digital Rights Management Bundle - Breakout 1,000 5,000 10,000 25,000 50,000 Product Description Users Users Users Users Users ety Qty city 4ty city Adobe Experience Manager Forms 6.2 On Premise Term-Per Core-12 Months 2 2 4 8 16 Adobe Experience Manager document Security 6.2 On Premise Term Minimum 1,000 5,000 10,000 25,000 50,000 1000 Recipients-Per Recipient-12 Months Adobe Insight Client License Per Named User(12 Month Term License) 1 1 2 4 8 Adobe Insight Reporting License-Per Server Add Can(Min.Insight Purchase 1 1 2 4 8 Required)(12 Month Term License) Adobe Insight data Transformation Functionality-License-Per Server(12 Month 1 1 2 4 8 Term License) Adobe Insight Sensor License-Per web Server(Min Insight Purchase Required) 1 1 2 4 8 (12 Month Term License Adobe File Server Unit(FSU)License-Per Server(12 Month Term License) 1 1 2 4 8 Adobe data Processing Unit(dPU)License-Per Server(Up To 500 Gb)(12 1 1 2 4 8 Month Term License) oil= Adobe Electronic Signatures category managenient Adobe Sign Adobe Sign is licensed in two ways: by signature transaction and by seat. The discounts below apply to either licensing model. Pricing for the following Adobe Sign products purchased shall be in accordance with the established GSA price list/rate less the applicable guaranteed minimum discount percentages specified in the table below. Current GSA U"s and licensing models for Sign eligible for discounts listed below are; Licensing Model: Per Seat/User SKU description List GSA Price Price Adobe Document Cloud for Enterprise- Premium eSign Services P2- Per Seat 210-7041-ES Purchase Min 5 Seats Req,(300 Transactions per Seat included)- 12 Months $540.00 $527.76 Licensing Model: Per Transaction SKU description List GSA Price Price 210-7041-T Adobe document Cloud for Enterprise- Premium eSign Services P2-Per Transaction $540.00 $527.76 1-300 Transaction Purchase Req(Existing eSign Account Required)-12 Month Discounts are offered on a per total order basis as outlined in the table below: Discount from Tier Order Transaction Amount GSA Tier 1 $25,000.00- $75,000,00 2%n Tier 2 $75,000.01 -$125,000.00 4% Tier 3 $125,000.01 - $200,000.00 6% Page 168 carahsoft technology core Tier 4 $200,000.01 -$500,000.00 8% Tier 5 $500,000.01 + 10% *Discounts are not cumulative. Discounts cannot be combined with discounts offered on existing BPA's or contracts that an agency may have in place with Carahsoft or an authorized Adobe/Carahsoft reseller. Page 169 carahsoft "T" " 1I� +C"� I 1C �. a �rxreT' FT # iwtwua ' Introduction "Phis Federal Supply Schedule Addendum supplements GSA Federal Supply Schedule Contract Number CS-35F-f1119`t' between Carahsoft Technology Corporation and the General Services Administration. As Agencies begin to implement their FITARAA Roadrnaps, 11PE Software can help reduce cost and significantly speed the time to value. The HPE Category Management Offering helps GSA eliminate redundancies, increase efficiency, and deliver more value and savings from acquisition programs and contribute progress towards category management goals/objjectives. The 111'l:?; Solutions provide the best-in-class technology to the federal government. For more than 70 years, the l iPE brand has stood for duality, reliability and technology leadership with a focus on customer satisfaction. no= 1"PE Enterprise Software License Management The HPE Enterprise Software license Management bundle provides pre-configured capability offerings to assist Agencies enable enterprise software license management required by OMB. The bundles include FlPF Discovery and Universal. Configuration Management Database, Hardware/Software Asset Management and our IT Business Analytics products with initial required implementation services to ensure customer success. SKU Description List Prune Bunrlge GSA Price Totall Discount RTARA HPE Sotty arc Ljcpr e Plana+3rernentfor Data Cpnler Uundie- ,S 5615 118,86 $ 402,096 07 28 91 d Small HPE-a'w'oUODC M FITARA HPE ati,License ManagennLrit for Dita Center Bundle- $ ra 1(3,F395.14 3 430888,14 30 33 Hedwnl HPE-S+d4OODC-L FRTRAHPESoftvareLicenseMaua;lementforDataCenlerBundle- S 9015 039 2,R 5 c1U4.tMf7Of,, 3215% Large F1ITARA HPE:ofkwaie Licii Man agernen4 for Data Cr?esfer Bundle- N6"c-u^A'd'LP-�9L*"�."�.,l:L xOrge S 1.„16 525 59 S 905 76x.52 33.76'% HPE-WiLli FITa.R,A HPE Software License idanay ement for Date Center&Clients S 5r7 513.73 3 403 422.47 23 91w Tundle-Snnall. HPE-31,14LUd1DCi:.'4,1 FITARµ HPE software License Management for Data Center 3 Clients Bunde-Ltedlurn 11 620791,01 5 415103.:3a 33 13 rs HPE-SwVL.MDCC.-L RTARA HPE Software Lscens9 Management for Dais Centel,&c0enls S 9D6 989 16 3 =rP7k 1tY2.9E ".ab.94°� Suri-LargE, HPE-SV�LMDCC.-Xi_ RTARA HPE Software License Management for Data Center 3 Chents 3 1 21 S3 3:5.411 S 7•-1T303.30 30,66 X6 Bundle.,xLartle Page 170 carahsoft r technology corF HPE Incremental Development The HPE Incremental Development Bundle provides pre-configured capability offerings to help Agencies setup Agile methods and incremental development best practices required by FITARA. The bundles include HPE Agile Management Suite coupled with our Application Life-cycle management and IT Business Analytics with initial required implementation services to ensure customer success. SKU Description List Price GSA Price Total Discount HPE-SWIDH-S FITARA HPE Software for Incremental Development Hybrid Bundle- S 1,167,122 96 S 820.437.52 29 70% Small HPE-SWIDH-M FITARA HPE Software for Incremental Development Hybrid Bundle- S 3.383,650 64 S 2.319,175 67 31 46% Medium HPE-SWIDH-L FITARA HPE Software for Incremental Development Hybrid Bundle- $ 11,824.492 34 S 7,915,023.39 33 06% Large HPE-SWIDTA-S FITARA HPE Software for Incremental Development Test Automation $ 757,223.09 $ 537.574.71 29 01% Bundle-Small HPE-SWIDTA-M FITARA HPE Software for Incremental Development Test Automation $ 3.486.809 20 $ 2.398.658 03 31 21% Bundle-Medium HPE-SWIDTA-L FITARA HPE Software for Incremental Development Test Automation $ 12,036,673.99 $ 8.091.553,77 32 78% Bundle-Large HPE-SWIDMT-S FITARA HPE Software for Incremental Development Mobile Testing S 151,601 75 S 112.970.13 25.48% Bundle-Small HPE-SWIDMT•M FITARA HPE Software for Incremenlati Development Mobile Testing S 385,925.97 S 275.541.38 28 60% Bundle-Medium HPE-SWIDMT-L FITARA HPE Software for Incrementaft Development Mobile Testing $ 817.877-17 $ 553,910.10 3227% Bundle-Large �i HPE IT Portfolio Savings The HPE IT Portfolio Savings Bundle provides pre-configured capability offerings to help Agencies track and improve their IT Portfolio Savings and application rationalization goals as well as report metrics monthly to OMB. The bundles include HPE Project and Portfolio Management, Enterprise Maps, Application Portfolio Management and IT Business Analytics products with initial required implementation services to ensure customer success. SKU Description List Price GSA Price Total Discount HPE-ITPS-S FITARA HPE IT Portfolio Savings Bundle-Small $ 706,270 36 $ 502,020 09 28,92% HPE4TPS-M FITARA HPE IT Portfolio Savings Bundle-Med S 2.215,923,43 S 1,526,562.71 31.11% HPE-ITPS-L FITARA HPE IT Portfolio Savings Bundle-Large $ 4,533,599.68 S 3.050.308.22 3232% i Page 171 carahsoft technology corn SOLUTIONDATA CENTER AUTOMATION The HPE Data Center Automation Bundle's pre-configured capability offerings to help Agencies improve operational efficiencies and cost savings goals through automation of common IT process for deployment and compliance of application and infrastructure updates. The bundles include our operations orchestrator, deployment and network automation (CODAR/NMA) products. SKU Description List Price GSA Price Total Discount HPE-SWDCA-SM FITARA HPE Software for Data Center Automation-Small Is 740.363.35 15 558,151.41 24 61% HPE-SWDCA-M FITARA HPE Software for Data Center Automation-Medium Is 1.336.024.32 S 990,332.60 25 87% HPE-SWDCA-L FITARA HPE Software for Data Center Automation-Large Is 3,189,215.32 S 2,136,530.65 33 01% Page 72 carahsoft technology core How to Select the Appropriate Bundle Size Bundle Now to Select the size FITARA HPE SW License Based on the number of OSI's that are required to support Enterprise Software,typically the CTO will know how many Management unique servers exist or will require Agents for ITAM/SAM. A small includes 100 OSI,Medium includes 200 OSI,Large is 4110 and an X-Large will support 500 051's. FITARA HPE SW License Add the number of client(end user workstations),same as the enterprise license management but includes end point Management with "Clients" licenses. Small can support 3000 endpoints,Medium 15,000.Large 30,000 and Extra-large]50,000 Based on the number of OSI's for Server Automation,we estimated the network automation based on the 051's. The FITARA Data Center Small offering includes 3000 OSI's and includes Server Automation and Operations Orchestration server. The Medium Automation offering builds upon small,and includes Network Automation and Database&Middleware Automation. The Large builds upon the medium and Incudes HP IT Operations Compliance. Based on number of named users that require portfolio/project management,Business Analytics and Enterprise Maps FITARA HPE IT Portfolio access. Agencies should buy enough named users to support the IT functions desired. If they only need Portfolio Savings Management,they should buy a size that matches the amount of portfolio managers or Budget/Planning users. Additional named user license keys are required for other IT functions,such as program/probed management, application rationalization etc.The Small offering includes 100 named users,Medium 500 and Large 1000 named users. Based on the size of their requirements management and agile management and testing teams,the Hybrid offering FITARA HPE Incremental includes both applications life cycle management and Agile Management license keys. Small equals 50 users,Medium Development Hybrid 150 Users and Large equal's SW Users. Respectively,10,30 and 100 license keys are provided for Agile Management for small,medium and large. These additional products are estimated based on the number of performance testers,service testers and the number of FITARA HPE Incr Dev Auto separate network environments desired for testing Includes additional license keys for application lifecycle Test management,business process testing and unified functional testing as well as up to 100 performance test virtual users for a small,1000 for a medium and 5000 fora large. Network/Service Virtualization was also Included with quantities of 50 for a small,500 for a medium and 2500 fora large.. FITARA Incremental Based on the number/type of Mobile devices and different mobile networks required.A Small Offering includes 1 Development Mobile Mobile Center Suite license that can support 4 concurrent accesses and 4 mobile devices. A medium includes an Testing additional 6 devices and a Large can support 16 devices *Key: OSI: Operating System Instance, basically a server, including virtual servers or"Instances". The HPE Software Team is available to help with the selection of the right size/option for Agencies as well as to discuss details about the specific capabilities provided within each offering to help Agencies make the best value selection. Discount Terms *Discounts are not cumulative. Discounts cannot be combined with discounts offered on existing BPA's or contracts that an agency may have in place with Carahsoft or an authorized HPE/Carahsoft reseller. HPE Software will honor the same discounts on any additional HPE ITM products that are added to a purchase order for one of these initial offerings. This will make it easy for Agencies to add specific products desired to address unique requirements. For example, our cloud, business service monitoring, DevOps, storage management or additional training can be easily added at the time of purchase. Pricing is discounted from standard GSA pricing based upon volume. Offerings are available for small, medium, large and in some cases extra large quantities. Each of these bundles requires a separate Professional Services package to be purchased for implementation. HPE and Carahsoft will work with the customer to create a Statement of Work to best fit the customers' needs prior to purchase. Page 173 carahsoft Iec� i� roIog�,, C 0rn� Approved IT Manufacturers: 14ZiG Tech CipherCloud Hewlett Packard Pentaho Thales e- Enter rise Secuht 3PIay Media Cision HyTrust PernixData Thetus Accela CtearCube Identity Automation Pindrop ThreatConnect Acceltion Clockwork Solutions IKANQW Ping Identity Tintri AccessData Cloud Front Group ikeGPS Pivotal TomTom Aconex Cloudbolt Imperva pixlogic TouchShare Acquia Cloudera Info Security Corp Platfora TransUnion Acronis Coakfire Infoblox Precise Biometrics Trifacta Actiance CollabNet InQuisient Progress Software Tnpwire Adobe CompassCom Insight Engines Proofpoint Trustwave Advologix CompassData Inc. Intermap Technologies Abase TVEyes AgileCraft Composite Software tnterset Qlik Userlst AirWatch by VMware Condusiv Invincea Qmulos Venafi Akamai Core Security IPsoft Government QTS Veritas Solutions,LLC Technologies Akana Cutting Edge Iron Mountain Qualtrics Verizon Alfresco CyberArk IronKey Qualys Virtru Angel CyberSponse Ivanti ReadSpeaker Virtual Instruments Anomaii Dataguise Jama Recommend Virtustream AODocs DataLocker Jove Recorded Future Vision-E Apigee Datameer Kapow Red Hat VMware APQS Systems Inc. DDN Storage Kofax Resilient VMware NSx Appceierator Dell Wyse Kove ReversingLabs Voxer Apperian Delphiix Kroll Ontrack RSA Voyager Apptio Diffeo Launchpad SafeNet AT Waratek Inc Arista Networks Digital Guardian LexisNexis Salesforce WhiteCanyon Software Aster Data Digital Map Products Liferay Samsung xMatters, Inc. Autodesk Digital Reasoning Lightbend Samsung KN Jx Zimbra Avecto DocuSign LiquAware Labs SAP Zscaler Avenza Drawloop Lookout Mobile Security SAP NS2 AvePoint Public Sector Druva Lucidworks Saratoga Data Avere Systems Dtex Systems Luminoso SDL Government Axway Dyn MapAnything Seagate Government Solutions BackOffice Associates EnterpriseDB MarkLogi'c Security Innovation Page 174 carahsoft technology core BasicGov eSyncTraining Mobile Reach Securonix Basis Technology EVGA Modria ServiceNow Corporation Black Duck Exabeam MongoDB Skyhigh Networks BlackBag Tech ExAM MotionDSP Skyport Systems BlackBerry ExtraHop MySQL Skytree BlackMesh F5 Networks NCS Technologies Socrata Blancco FactSet New Relic Solix BMC Finch Computing NGRAIN Sonatype Boeing Twister FireEye Nimble Storage Sonim Bomgar Flosum Nlyte Software Splunk Boundless flowthings.io NovoDynamics SpringCM Box ForgeRock Nuance SSH Government Solutions Breezy GB&SMITH Nutanix STEALTHbits Brightcove GenesisOne Oblong Sword Active Risk Bromium Gigamon Okta Symantec CareerBuilder Globalscape Onapsis Tableau Case Commons Google OpenSGI Tasktop Technologies Cellebrite Govini Optensity Tempered Networks t, Centrifuge Systems Granicus(formerly Optio Labs Teradici GovDelive Certes Networks Gridless Power OSlsoft Terra Pixel CertiPath GroundWork Palo Alto Networks Tetra4D Ciena Haystax PaRaBaL Text2Them Page 75 Voluntary Product Accessibility Template (VPAT) DATE:JANUARY, 2014 PRODUCT NAME: NUTANIX NX-10X0: NUTANIX NX-30X0: NUTANIX NX-60X0: NUTANIX NX- 7100 PRODUCT VERSION NUMBER: NA VENDOR COMPANY NAME: NUTANIX, INC. VENDOR CONTACT EMAIL:VPATONUTANIX.COM APPENDIX A: SUGGESTED LANGUAGE GUIDE Summary Table Voluntary Product Accessibility Template tLevel of Support & Remarks and Criteria (Supporting Features ,explanations !Section 1194.21 Solfware Applications and Not Applicable Operating Systems ;Section 1194.22 Web-based Internet Information Not Applicable and Applications iSection 1194.231'elecommunications Products Not Applicable Section 1194.24 Video and Multi-media Products ;Not Applicable Section 1194.25 Self-Contained.Closed Products 1 Supports with exceptions --- Section 1194.26 Desktop and Portable Computers Not Applicable Section 1194.31 Functional Performance Criteria j Supports with exceptions Section 1194.41 Information. Documentation and Supports with exceptions Support Section 1194.25 Self-Contained, Closed Products - Detail Voluntary Product Accessibility Template Level of Support & Remarks and (Criteria i Supporting Features explanations (a)Self contained products shall be usable 'bv people with disabilities without requiring The product can be used without an end-user to attach Assistive Technology Supports assistivc technology o the product.Personal headsets for private listening are not Assistive'Technolog)r. — --- —�(b)When a timed response is required,the �rl'he product use does not require !user shall be alerted and given sufficient Not Applicable I ttime to indicate more time is required. (timed responses, The product does not use a touchscreen. All products have a on- off button on each node. In all (c)Where a product utilizes touchscreens or product.with the exception of the contact-sensitive controls.an input method NX-71 10.there is also a UID button. 'Supports with exceptions shall be provided that complies with !Neither button has a NIB for 1 194.23 (k)(1)through(4). !identification. 1 lowever. in all { 1produets with mo buttons.the top button is ahvays the power button and the bottom is the UID. ; (d)When biometric forms of user 'identification or control are used.an he product does not use biometric j alternative term of identification or Not Applicable !forms of user identification or activation.which does not require the user control. ,to possess particular biological ;characteristics. shall also be provided. (e)When products provide auditory output. he audio signal shall be provided at a standard signal level through an industry ,The product dues not produce standard connector that will allow for Not Applicable auditory output. private listening.The product must provide the ability to interrupt.pause.and restart the !audio at anytime. (0 When products deliver voice output in a public area. incremental volume control shall be provided with output amplification up to a level ofat least 65 dB. Where the ambient noise level of the environment is The product does not deliver voice Not Applicable above 45 M.a volume gain of at least 20 output. dB above the ambient level shall be user i ;selectable.A function shall be provided to automatically reset the volurne to the default level afler every use. f �(g)Color coding shall not be used as the The product does not use color only means of conveying information. Supports coding as the only means on indicating an action.prompting a response. conveying information. I ior distinguishing a visual element. � �h)When a product permits a user to adjust color and contrast settings.a range of color The product does not permit a user Not Applicable I selections capable of producing a variety of i Yo adjust color and contrast settings. contrast levels shall be provided. (i) Products shall be designed to avoid ! causing the screen to flicker with a Not Applicable [rhe product does not use a screen. frequency greater than 2 Hz and lower than 155 liz. �(j)(I)Products which are freestanding.non- portable.and intended to be used in one �location and which have operable controls The product is intended to be rack Shall comply with the following: The mounted and the only operable position of any operable control shall be ,controls are the on/ofl'and UID determined with respect to a vertical plane, Supportsbuttons.The dependency on meeting which is 48 inches in length.centered on the 'operable control,and at the maximum this requirement is the location in which the product is placed in the ,protrusion of the product within the 48 inch rack. length on products which are freestanding. !non-portable,and intended to be used in one I !location and which have operable controls. '(j)(2)Products which are freestanding.non- The product is intended to be rack !portable-and intended to be used in one location and which have operable controls mounted and the only operable controls are the on/off and UID shall comply with the following:Where any Supports 'buttons.The dependency on meeting j �J operable control is 10 inches or less behind this requirement is the location in !the reference plane,the height shall be 54 fwhich the product is placed in the inches maximum and U inches minimum rack. above the floor. I (j►(3)Products which are freestanding.non- i portable,and intended to be used in one (The product is intended to be rack location and which have operable controls ,mounted and the only operable ,shall comply with the following: Where any controls are the on/ofTand UID I operable control is more than 10 inches and '!Supports !buttons.The dependency on meeting not more than 24 inches behind the this requirement is the location in I reference plane.the height shall be 46 which the product is placed in the +.inches maximum and 15 inches minimum rack. I !above the floor. ! The product is intended to be,rack (j)(4)Products which are freestanding.non- mounted and the only operable portable.and intended to be used in one controls are the on/ofl'and UID (location and which have operable controls !shall comp)} with the following: Operable Supports ',buttons. fhe dependency on meeting 'controls shall not he more than 24 inches this requirement is the location in — — --- -- _ —^ +- which the product is placed in the behind the reference plane. �JI 'rack. (Section 1194.31 Functional Performance Criteria — Detail Voluntary Product Accessibility Template !Level of Support & ;Remarks and Criteria Supporting Features !explanations !For operation and information retrieval of the product feature functionality,the Nutaniz NOS (a)At least one mode of operation and software can be managed through command line interlace via a !information retrieval that does not require !terminal emulator. Please check user vision shall be provided,or support for Supports with exceptionsNutaniz NOS VPA"I" I Assistive Technology used by people who documentation for more details. !arc blind or visually impaired shall he ;Nutaniz dues not recommend a provided. ;person without vision to connect the product to AC or DC power ,source as it might pose a safety ,risk. For operation and information � retrieval ofthe product leature (b)At least one mode of operation and functionality.the Nutaniz NOS i information retrieval that does not require soflware can be managed through :visual acuity greater than 20/70 shall be command line interlace via a provided in audio and enlarged print output Supports with exception ,terminal emulator. Please check (working together or independently,or Nutaniz NOS VPA"f :support for Assist ive"Technology used by documentation for more details. people who are visually impaired shall be Depending on the device.some provided. !icons or text may not be discernable to a person with low vision. (c)At least one mode of operation and 1 information retrieval that does not require The product does not have any user hearing shall be provided,or support for 'Supports Assistive Technology used by people who audio. ;arc deaf or hard of hearing shal I he provided I ! �(d)Where audio information is important for the use of a product,at least one node of operation and inflormation retrieval shall be Supports I he product does not use audio. ,provided in an enhanced auditory lashion.or support for assistive hearing devices shall be (provided. (e)At least one mode ol'operation and �inlbrniation retrieval that does not require :The product operation does not ,user speech shall be provided.or support for Supports require user speech i Assistive"I'echnology used b,, people with disabilities shall be provided. I ISome-op--e-r,-,it-i-o-ns---such—a-s replacing �(1)At least one mode ol'operation and !nodes may require sufficient force inflorniation retrieval that does not require or the use ol'two hands.Operation fine motor control or simultaneous actions Supports with exceptions and that is operable with limited reach and might require it person to insert strength shall be provided. net%%ork cables that may require I fine motor skills. Section 1194.41 Information, Documentation and Support - Detail iVoluntary Product Accessibility Template (Level of Support & Criteria ,Remarks and explanations Supporting Features The product documentation may be �(a)product Support documentation provided i downloaded from the support Site in ito end-Users shall be made available in Supports with exceptions pDFand FINJI3 formats. In addition, :alternate lormats upon request.at no I documentation is made available by !additional charge calling customer support ,(b) End-Users shall have access to a description of the accessibility and compatibility features of products in alternate Does not support formats or alternate methods upon request.at no additional charge. Customer may communicate support (c)Support services for products shall needs via the customer support web accommodate the communication needs of Supports%%ith exceptions portal or via phone.At this time. end-users with disabilities. Nutanix does not have a dedicated TTY line available for support. Voluntary Product Accessibility Template (VPAT) DATE:JANUARY, 2014 PRODUCT NAME: NUTANIX NO PRODUCT VERSION NUMBER: 3.X: 4.X VENDOR COMPANY NAME: NUTANIX. INC. VENDOR CONTACT EMAIL: VPATONUTANIX.COM APPENDIX A: SUGGESTED LANGUAGE GUIDE Summary Table-- ----- -- ------- ! Voluntary Product Accessibility Template (Level of Support& fRemarks and Criteria !Supporting Features lexplanations Section 1194.21 Software Applications and ,Supports Operating Systems Section 1194.22 Web-based Internet Information — —� Not Applicable and Applications — Section 1194.23 Telecommunications Products Not Applicable S tion 1194.24 Video and Multi-media Products Not Applicable rrSection 1194.25 Self Contained.Closed Products Not Applicable r Section 1194.26 Desktop and Portable Computers Not Applicable Section 1194.31 Functional Performance Criteria j Supports with exceptions Section 1194.41 Information.Documentation and Support Supports with exceptions I Section 1194.21 Software Applications and Operating Systems - Detail Voluntary Product Accessibility Template 'Level of Support& IRemarks and Criteria 'Supporting Features lexplanations The software is not designed to !(a)When software is designed to run on a system tun on a system that has a hat has a keyboard,product functions shall be ;keyboard. executable from a keyboard where the function Supports itself or the result of performing a function can be The command line interface is 'keyboard operable via a discerned textually. terminal emulator �(b)Applications shall not disrupt or disable Applications does not disrupt or activated features of other products that are disable activated features of identified as accessibility features.where those Supports other products or operating features are developed and documented according ';systems that are identified as o industry standards.Applications also shall not 'accessibility features. disrupt or disable activated features ofany E i� 'operating Syste that are identified as accessibility — - -- - --_--`- -- __ -—_----_---- - � P g m 11'eatures where the:application programming Interface for those accessibility features has been documented by the manufacturer ofthe operating system and is available to the product developer. I (e)A well-defined on-screen indication ofthe current focus shall be provided that moves among 'Command line provides interactive interface elements as the input focus (Supports indication of focus using the 'changes.The focus shall be programmatically hardware text cursor. ,exposed so that Assistive Technology can track jfocus and focus changes. 1(d)Sufficient information about a user interface t clement including the identity.operation and state Note: Command line has no of the element shall be available to Assistive ,Supports limages but is supported for 'I'echnolog}. When an image represents a program textual information j 'element.the information conveyed by the image (must also be available in text. (e)When bitmap images are used to identify controls.status indicators.or other programmatic elements,the meaning assigned to those images (Not Applicable ',Command line has no images shall be consistent throughout an application's performance. (f)Textual information shall be provided through operating system functions for displaying text.The Textual information is provided �minimum information that shall be made available ('!Supports through operating system is text content.text input caret location.and text functions. � I attributes. The command line interface i(g)Applications shall not override user selected 'contrast and color selections and other individual Supports does not override user selected contrast or color selections or display attributes. other display attributes. I(h)When animation is displayed.the information Command line has no (shall be displayable in at least one non-animated Not Applicable ,animations (presentation mode at the option of the user. (i)Color coding shall not be used as the only means of conveying information,indicating an action. Color coding is not used for Supports conveying information via the prompting a response.or distinguishing a visual elerncnt command line. �Product does not permit a user �(j)When a product permits a user to adjust color Not Applicable to adjust color or contrast and contrast settings.a variety ol*color selections settings. capable of producing a range of contrast levels shall be provided. (k)Sotl%%are shall not use flashing or blinking text. Flashing and blinking text objects.or other elements having a flash or blink �Supports occurs in the specified range. frequency greater than 2 I lz and lower than 55 1 Iz. I(1)When electronic forms are used, the firm shall fallow people using Assistive Technology to access ,the information.field elements.and functionality ,Supports All forms are text based ,required fir completion and submission ofthe 'form. including all directions and cues_ i ;Section 1194.31 Functional Performance Criteria - Detail Voluntary Product Accessibility Template �r -----Level of Su — - - pport & IRemarks and Criteria Supporting Features explanations (a)At least one mode ofoperation and information retrieval that does not require i 1'he command line mode of l user vision shall be provided.or support fir -' Supports with exceptions operation supports the use of Assistive Technology used by people who Assistive Technology. are blind or visually impaired shall be provided. I(h)At(east one mode of'operation and i information retrieval that does not require visual acuity greater than 20/70 shall be A command line emulation provided in audio and enlarged print output Supports ,program can be used with large %%orking together or independenth.or t'ont sires or magnification. support fir Assistive Technology used b) 'people who are visually impaired shall be provided, i c)At least one mode of operation and information retrieval that does not require user hearing shall be provided.or support for Supports Product does not have any audio. Assistive Technology used by people who ,are deal'or hard of hearing shall he provided j(d)Where audio information is important for the use of a product.at least one mode of 'Audio information is not important Not Applicable ooperation and information retrieval shall be I for the use of the product. jprovided in an enhanced auditory lashion.or �_ —------- -------- - - - -- - --- -------------— isupport firr assistive hearing devices shall be provided. (e)At least one mode or operation and ':information retrieval that does not require Operation does not require user ;user speech shall be provided,or support fior :'Supports (speech Assist ive Technology used by people with ;disabilities shall be provided. �(1)At least one mode of operation and information retrieval that does not require A keyboard is required to operate fine motor control or simultaneous actions Supports with exceptions the product. and that is operable with limited reach and 'strength shall be provided. Section 1194.41 Information, Documentation and Support — Detail Voluntary Product Accessibility Template !Level of Support& (CriteriaRemarks and explanations j ,Supporting Features (a)Product support documentation provided I Product documentation can be downloaded irom the support site in Ito end-users shall be made available in Supports with exceptions PDF and EPUB lorntats.In addition. !alternate formats upon request,at no this can also he made available by additional charge calling customer support (b)End-users shall have access to a description of the accessibility and compatibility features of products in alternate Does not support i formats or alternate methods upon request.at no additional charge. ;Customer may communicate support I(c)Support services t'or products shall needs via the customer support web accommodate the communication needs of Supports with exceptions portal or via phone. At this time. end-users with disabilities. Nutanix does not have a dedicated TTY line available for support. i Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) READ ME FIRST We appreciate your interest in the Federal Supply Schedule(FSS) Program. Under the FSS Program, the General Services Administration and the Department of Veterans Affairs (GSA/VA) establish long-term Govemment-wide contracts with commercial firms to provide ordering activities with access to a wide variety of commercial supplies and/or services. This letter provides pertinent background information on the FSS Program. You should consider this information prior to deciding whether to submit an offer for an FSS contract. Please read this letter in its entirety to learn about the benefits and responsibilities associated with being an FSS contractor. You will then be better informed to determine if obtaining an FSS contract is the right business decision for your firm. The FSS Program is designed to enable ordering activities to purchase commercial supplies and/or services quickly, efficiently, at fair and reasonable prices and still meet all the requirements of the Federal Acquisition Regulation (FAR). The commercial supplies and/or services awarded under FSS contracts are divided into approximately 32 distinct schedules. In total,there are approximately 19,000 FSS contracts in place with more added daily, covering over 11 million supplies and/or services. To assist suppliers, GSA designed the Vendor Toolbox, which can be found in the Vendor Education Center(https://gsafas.secure.force.com/MASTraininy-Home). The Vendor Toolbox walks the supplier through researching, analyzing, and deciding whether it is the best business decision to pursue a GSA Schedule contract. If the supplier decides to become an offeror, it provides an understanding of the steps needed to be successful in the Federal marketplace. In addition to the direct link to the Vendor Education Center, prospective suppliers can reach the two main components of the Vendor Toolbox, Pathway to Success and the Readiness Assessment, under the "Education"tab on the Vendor Support Center(https://vsc.gsa.gov). Please note the Vendor Toolbox training can only be completed using a Windows based computer with an Internet Explorer browser. AbililXOne Program The AbilityOne Program is a federal procurement program that generates jobs for individuals who are blind or have another significant disability through the manufacturing of products or the provision of services required by federal personnel. Products and services on the AbilityOne Procurement List are mandatory for use by federal customers. The mandatory source requirement of the AbilityOne Program as outlined by the Javits-Wagner-O'Day(JWOD) Act (41 U.S.C. 46-48c) must be adhered by all schedule holders. Certain commercial products are considered"essentially the same"(ETS) as AbilityOne products. Because the AbilityOne products are mandatory purchases for federal customers, contractors are required to remove the commercial ETS items from its offer. If you offer products that are ETS as AbilityOne products,you are encouraged to become an authorized distributor of AbilityOne products. For more information on the AbilityOne Program and how to become an authorized distributor, please visit www.abilityone.gov. Point of contact at the AbilityOne Program is Mr. Eric Beale at ebealegabilityone.gov or(703) 603-2119. Page 1 of 7 Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Transactional Data Reoortine Pilot On June 23rd, 2016,the U.S. General Services Administration (GSA) published a final General Services Acquisition Regulation (GSAR) rule to capture transactional data on procurements across all of its Federal Supply Schedules(FSS) contracts or Multiple Award Schedule (MAS) contracts, and Government-wide Indefinite-Delivery, Indefinite-Quantity(IDIQ) contracts, including Government-wide Acquisition Contracts (GWACs).The Transactional Data Reporting(TDR) Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles.The rule supports the Government-wide category management initiatives by producing market intelligence that GSA and its partner agencies can use to make smarter acquisition decisions and save even more taxpayer dollars. TDR also removes the cumbersome Price Reduction Clause(PRC)and Commercial Sales Practice (CSP) requirements, reducing the burden on our industry partners. As part of the strategic implementation of the rule across all GSA contracts, the agency is introducing the transactional data reporting requirement with a pilot of select products and services in the Multiple Award Schedules(MAS) program. The TDR pilot SINS for IT Schedule 70 are: • 132-8—Purchase of General Purpose Commercial Information Technology New Equipment • 132-32- Term Software Licenses • 132-33- Perpetual Software Licenses • 132-34- Maintenance as a Service • 132-54—Commercial Satellite Communications(COMSATCOM)Transponded Capacity • 132-55—Commercial Satellite Communications(COMSATCOM)Subscription Services For new contractors, reporting begins 30 days after the month in which the contract is awarded. For existing contractors, reporting begins 30 days after the end of the first month of the quarter following acceptance of the modification. !f a current contractor accepts the modification during the last 15 days of a standard business quarter, reporting begins 30 days after the end of the first month of the next business quarter. For TDR Pilot contractors under IT Schedule 70 and OOCORP, if TDR SINS are included on a contract alongside non-TDR SINS,the entire contract is subject to TDR terms and conditions,and CSP and PRC requirements are removed for the entire contract. Participation in the TDR Pilot does not exempt the contractor from existing reporting requirements found elsewhere in the contract. For example, IT Schedule 70 TDR Pilot contractors awarded SINS 132-54 and 132-55 will continue to report program-specific information under the enhanced quarterly reporting requirements. 0 Page 2 of 7 Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Steps to become a FSS Contractor Becoming a successful FSS contractor requires that your company take a few key steps. The first step to success under the FSS Program is to perform due diligence and understand your commitments and obligations as an FSS contractor. Companies that have prepared well, understand their commitments and obligations, and have plans to meet those commitments and obligations have thrived under the FSS Program. The next step is to select the schedule that best aligns to the commercial supplies and/or services your company wants to offer. This action can be accomplished by accessing GSA eLibrary at www.gsaelibrary.gsa.gov. Under the "Schedules Contracts" box on the right, select "View Schedules Contracts" to view the complete list of schedules. By clicking on any schedule number, you can then view the generic categories of supplies and/or services under a particular schedule. For more information about GSA eLibrary, go to www.gsa.gov/elibrary. Detailed information on selecting the schedule(s)that best aligns to your offering can be found in the Vendor Toolbox. Once you have determined the proper schedule under which to submit your offer,the next step is to download, read, and understand the solicitation. You may access this solicitation by clicking on "Vendors: Click here to view the current solicitation on FedBizOpps," which is located on each individual schedule's page. It is essential to read the entire schedule solicitation. Understanding the terms and conditions of an FSS contract and your contractual obligations is critical to your success as an FSS contract holder. You can also download the solicitation directly from FedBizOpps by accessing www.fedbizopps.gov. From the FedBizOpps website, you may search by GSA Office, VA National Acquisition Center, Solicitation Number,or Keyword. We encourage you to visit both GSA eLibrary and FedBizOpps, since each site provides important news and information. Please note that the award of an FSS contract does NOT guarantee future sales and it is up to you to market your company. Although the FSS Program provides significant benefits to ordering activities, they are not required to use the FSS Program to fulfill their requirements. With thousands of contracts already in place, competition for orders under the FSS Program is fierce. HOW TO DECIDE IF A FSS CONTRACT IS RIGHT FOR YOU First,take the mandatory Pathway to Success free education seminar and test. Pathway to Success is designed to assist prospective GSA Schedule contractors in making informed business decisions as to whether obtaining a GSA Schedule contract is in their best interest. The presentation also provides background information on the GSA Schedules program. Pathway to Success is available online on the Vendor Support Center(VSC) website, found at https://vsc.gsa.gov. Once on the VSC website, select "Pathway to Success" under the "Education" tab. Alternately, Pathway to Success can be found on the Vender Education t . Center: https:Hpsafas.secure.force.com/MASTrainin gH�. Email pathwaytosuccess@gsa.gov if you have questions related to the Pathway to Success training. The seminar includes topics Page 3 of 7 Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) such as expectations of vendors, how to compete and succeed as a schedule contractor, how to develop a schedule-specific business plan, and how to submit a quality offer. Next, take the mandatory Readiness Assessment free self-evaluation. The Readiness Assessment is designed to assist prospective offerors in researching, analyzing, and deciding whether they are able to compete as an FSS contractor. The mandatory Readiness Assessment resides in the Vendor Toolbox on the Vendor Education Center (https:Hgsafas.secure.force.com/MASTrainin Hg ome), but can also be accessed through the VSC website under the"Education"tab. This tool will help your firm understand the amount of time and money that is needed to be a successful FSS contractor. It is required that this assessment be signed by an officer of your firm who is authorized to commit and is mandatory before submitting an offer. It is important that your firm understand the solicitation clauses and requirements such as past performance, and certifications, etc. Therefore it is suggested that an officer carefully read and review the solicitation to which your firm will be responding PRIOR to completing this assessment. The assessment contains a combination of"Yes/No" and short answer questions. Each question will reference a step in the vendor toolbox that will assist your firm in researching, analyzing, and deciding if you are ready to become an MAS contractor. Next, locate the "New Contactor Orientation" webcast under the "Vendor Training" tab on the Vendor Support Center(VSC) website. The webcast was developed to define key contract requirements with which a vendor must comply and outlines how GSA/VA evaluates FSS contract performance. While visiting the VSC, also review The Steps to Success: Make the Most ofyour GSA Contract under the "Publications" tab. This document provides an overview of FSS contract requirements, including key reporting documents. Both learning tools are highly recommended reading, as they provide information for you to confidently comply with contractual obligations and ensure that you are ready to be an excellent FSS contractor. For more information about the VSC, visit https://vsc.gsa.gov. Also, you can identify and assess your competition. This important task can be accomplished by visiting GSA eLibrary at http://www.gsaelibrary.psa.gov/ElibMain/home.do and GSA Advantage!® at https://www.gsaadvantage.gov/advantage/main/start page.do. In addition to providing access to schedule solicitations, GSA eLibrary is our online source for FSS contract award information; GSA Advantage!® is our online shopping and ordering system. Both websites contain information regarding the supplies and/or services that current FSS contractors offer. The information collected from these websites should assist you in identifying potential competitors under the FSS Program. The knowledge gained from this effort will help you assess your firm's ability to compete, if awarded an FSS contract. Your review of the competition should include: competitors' pricing, delivery times,warranty terms, services, and any other elements that make their offerings distinctive. For more information about GSA Advantage!®, visit https://www.psaadvantage.gov/advantage/main/start page.do. Another online tool for assessing your FSS Program competition is Schedule Sales Query S( SQ) at http://ssq.gsa.gov. SSQ provides detailed sales information on current FSS contractors. On this site, you can search to see if your competitors have successfully sold similar supplies and/or services under the FSS Program. For more information on SSQ, visit Page 4 of 7 Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) www.gsa.gov/schedulesalesquery. Your review and analysis of the preceding websites should allow you to assess the competitive environment for the supplies and/or services you want to provide. Once you understand the requirements which you will have to follow and the market in which you will have to operate, you can then decide whether a FSS contract is the right business investment for your firm. We recommend that you become familiar with the Federal procurement proposal evaluation factors. At a minimum, Government buyers will evaluate price and past performance, and possibly your firm's expertise in providing the supplies and/or services you are seeking to offer. Purchasers under the FSS Program make a selection of an FSS contractor based upon "best value." FAR 2.101 defines "best value" as the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. An important criteria to consider is whether the items you propose are compliant with the Trade Agreements Act, which can be found at http://acquisition.gov/far/current/html/Subpart%2025 4.html#wp1086589. The Trade Agreements Act (19 U.S.C. 2501, et seq.) is the enabling statute that implements numerous multilateral and bilateral international trade agreements and other trade initiatives. Since the estimated dollar value of each schedule exceeds the established Trade Agreements Act(TAA) threshold, the TAA is applicable to all schedules. In accordance with the TAA, only U.S.-made or designated country end products shall be offered and sold under schedule contracts. For the definition of"designated country," go to hLtp:Hacquisition.gov/far/current/html/Subpart%2025 l.html#wp 1118780. GSA offers ordering activity buyers training and provides them with informational material about the benefits of the FSS Program. Such benefits include the following: • Acquisition lead time is reduced. • Wide selection of state-of-the-art commercial supplies and/or services. • Schedule orders are not required to be synopsized. • GSA has already determined schedule prices to be fair and reasonable Although GSANA provide informational material on the benefits of the FSS Program, GSANA do not market or promote specific contracts,distribute products of individual firms, or steer business to any individual contractor. If awarded a FSS contract, you will be required to market your supplies and/or services to ordering activities. You will be required to upload an approved schedule price list on GSA Advantage!®. Since purchasing authority is spread out across all ordering activities, marketing your supplies and/or services may not be an easy task. You are strongly encouraged to target markets and build relationships in much the same way you market to commercial customers. Finally, how well you perform under your FSS contract is up to you. �._ If you decide to submit an offer and are awarded an FSS contract, be advised that GSA will require your sales to exceed $25,000 within the first 24 months after your contract is awarded. Your company will then be expected to exceed $25,000 in sales each succeeding 12 month period Page 5 of 7 Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) in order to retain your FSS contract. See clause 552.238-73, Cancellation and I-FSS-639, Contract Sales Criteria. If your company is newly established or has had low sales in the supplies and/or services you want to offer under the FSS Program, you should consider the difficulty you may have in meeting this performance requirement. If you ultimately decide to submit an offer under the FSS Program, having a business plan to meet this performance requirement will be critical to ensuring your success as an FSS contractor. YES, I WANT TO SUBMIT AN OFFER Excellent! GSA/VA are always looking for highly qualified firms to increase competition and serve the needs of the ordering activities. While not all firms are awarded FSS contracts, the FSS Program, in accordance with statutory authority, is open to all responsible offerors. To be considered for award of an FSS contract, you must demonstrate that your firm meets all FSS Program requirements, including a reasonable and competitive price. To understand the term responsible, please refer to FAR 9.104-1, which identifies the standards a prospective contractor must possess to be determined responsible. To read FAR 9.104-1, go to http://acquisition_gov/far/current/html/Subpart%209 1.html#wp 1084076. Currently, the time required to evaluate and award an FSS contract can range from three to six months. Well prepared and documented offers with competitive pricing are easier to evaluate and may expedite the award process. GSA has developed eOffer, a web based application that allows an offeror to prepare and submit an FSS offer electronically. eOffer is designed to create an interactive, secure environment that simplifies the contracting process, from submission of offer to contract award. eOffer uses the latest digital authentication technology to ensure the integrity of data and to electronically sign the offer. Digital certificates are required in order to use eOffer. The eOffer website at http://eoffer.gsa.gov contains a variety of information regarding the eOffer application, including available training, and information regarding digital certificates. It is required that eOffer be used to submit an offer. For more information on eOffer, visit www.gsa.gov/eoffer. Once you submit an offer, GSA will look for a number of items. We will verify that you have submitted all the required information necessary to evaluate your offer. The following are key elements of your offer that will be reviewed: • Pricing • Past performance • Scope --the supplies/services are within the scope of the Schedule solicitation • Financial capability • Technical • Subcontracting Plan (if you are not a small business concern) Page 6 of 7 Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Other regulatory compliance Good Luck. We want you to be successful, and look forward to the start of a long and successful partnership. FASt Lane Pilot: GSA's practice is to evaluate offers in the order in which they are received. However, GSA may give priority to processing certain offers when circumstances dictate, such as when a federal agency Contracting Officer specifically requests an expedited offer review in order to meet a pending requirement that will be procured under the MAS program allowing for more vendor opportunity to compete, or when there is a need for GSA to bring strategically critical new products or services to market in order to meet federal customer needs. To that end, IT Schedule 70 has launched the FASt Lane Pilot to assist prospective vendors with getting on Schedule faster in an effort to acquire new and emerging technologies as well as to assist customer agencies in meeting their needs in a timely fashion. Participation will be voluntary. For more information on the FASt Lane Pilot, please refer to the FASt Lane website: http://www.gsa.gov/portal/content/l22754 (For Informational Purposes Only). NO,I DO NOT WANT TO SUBMIT AN OFFER RIGHT NOW.WHAT OTHER OPTIONS DO I HAVE FOR FEDERAL BUSINESS? If you decide an FSS contract is not a good fit for your firm at this time, you can still participate in other Federal Government acquisitions. In some cases,pursuing other avenues may be even more advantageous. Other Government contracting opportunities are posted on FedBizOpps at www.fedbizopps.gov. Commercial vendors seeking Federal markets can search, monitor, and retrieve solicitations for supplies and services issued by all Federal agencies. The FAR addresses the circumstances under which an acquisition of supplies and/or services with an estimated dollar value exceeding $3,000 but not over the simplified acquisition threshold gives preference to small business concerns. Business concerns may also participate in subcontracting opportunities with companies already under contract to the Federal Government. The U.S. Small Business Administration (www.sba.gov)provides information on subcontracting, as well as other topics of interest to firms seeking business opportunities. Existing schedule contractors are always looking for opportunities to subcontract to small business, small disadvantaged business, women-owned small business, HUBZone small business, veteran-owned small business, and service-disabled veteran-owned small business concerns. Remember,the FSS Program is continually open. If you have determined the FSS Program is not the correct contracting vehicle for your firm at this time, we encourage you to periodically revisit your business plan and the opportunity to market your supplies and/or services under the FSS Program at a later date. Page 7 of 7 Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Thank you for taking the time to learn about the FSS Program. We wish you great success in whatever method you chose to market to Government agencies. Note for Current FSS Contractors under This Schedule A current FSS contractor can now submit an offer for a new contract under the same Schedule as early as the first day of Year 14 under its existing FSS contract. Clause A- FSS-I I Consideration of Offers under Standing Solicitation has been updated to accommodate this flexibility. Typically, the award of a new contract will result in the cancellation of the existing contract upon award. However, if the contractor has one or more active BPAs or orders under its existing contract (or has submitted quotes for either and is awaiting an award decision), it is eligible for the award of a new contract that is allowed to overlap and run alongside the existing one. This is referred to as holding dual contracts. Holding dual contracts enables the FSS contractor to complete work under BPAs and orders awarded via the existing contract, while utilizing the new contract for new business opportunities. A contractor that wishes to hold dual contracts must— e Indicate with its offer that it wishes to hold dual contracts, along with a listing of all active submitted quotes, established BPAs, and awarded orders under the existing contract. For each, the contractor must include the ordering activity name and point of contact, RFQBPA/order number, dollar value, and period of performance (including options). This information can be uploaded in eOffer as an "Other(optional - offeror defined)" document. • Assist the FSS contracting officer in determining the proper cancellation date for the existing contract. The existing contract is to be cancelled the day after the final day of the ordering period for the active BPA or order(including options). In situations where multiple BPAs and/or orders are active, the cancellation date should be based on the last remaining BPA or order. • Agree not to use the existing contract to compete for new business opportunities Page 8 of 7 Solicitation Document Title : General Purpose Commercial Information Technology Equipment, Software and Services Solicitation Number : FCIS-JB-980001-13 Refresh Number : 41 Created on November 18, 2016 FCIS-JB-980001-8 Refresh: 41 Cover Page COVER PAGE 1.SOLICITATION REFRESH. This is the latest version(refresh)of the Information Technology Schedule 70 �1 Solicitation,originally issued on March 28, 1998. The Solicitation Number is FCIS-JB-980001-B. This Refresh is simply an update to the original Solicitation.The only changes,unless otherwise indicated,are updates to the provisions and clauses from the original solicitation. All amendments have been incorporated into the refreshed solicitation. a. Be advised that any offers using earlier Refresh versions,received 30 days after the release and publication of this Refresh will be automatically rejected and returned to the Offeror.The Refresh publication/creation date can be found on the previous page. b.DOWNLOAD THE SOLICITATION:https:/ANww.fbo.gov/spg/GSA/FSS/FCl/FCIS-JB-980001-B/listing.html 2.FONT SIZE. Responses to this electronically available solicitation,AT A MINIMUM,must be in a font size no smaller than 10 CPI(characters per inch). 3.EQUAL OFFERING.Sales and Maintenance service must be provided to,at a MINIMUM,the 48 contiguous states,and the District of Columbia,in the same manner as it is offered to commercial customers. 4.DEFENSE BASE ACT.Notice to Offerors-Please be advised orders issued by DOD may include the requirement for Defense Base Act insurance as addressed in the Federal Acquisition Regulation Part 28.305. This requirement shall be addressed in a separate open-market line item on the order and the invoice. Pricing for this additional requirement will be between the contractor and the DOD ordering agency. 5.CONTRACT PERIOD.Contracts awarded under this standing solicitation will commence on the DATE OF AWARD and end five years from that date(unless contract is canceled/terminated or extended).Contracts awarded under this Information Technology Solicitation will have variable contract periods; i.e.,contracts will be in effect for an initial period of five years from the date of award. There is a possibility to extend the contract for three optional five year periods,for a possible total contract period of 20 years. See I-FSS-163 OPTION TO EXTEND THE TERM OF THE CONTRACT(EVERGREEN). 6.CANCELLATION AND SALES CRITERIA.Any resultant contract may be cancelled unless reported contract sales are at least$25,000 for the first 24 month period after initial contract award and$25,000 for each 12-month period thereafter. See clause 552.238-73,Cancellation and I-FSS-639,Contract Sales Criteria. 7.BEFORE SUBMITTING YOUR eOFFER: a.Complete the mandatory Readiness Assessment free self evaluation,available on the Vendor Support Center website at https://vsc.gsa.gov. From the VSC home page,click on Toolbox in the upper left corner and complete the Research,Analyze,and Decide modules. b. Complete the free registration with System for Award Management(SAM.gov)in its entirety.The information is current,accurate, and complete,and reflects the North American Industrial Classification System(NAICS) code(s)for this solicitation.The web address for SAM is https:/Avww.sam.gov. Offers will be rejected if the System for Award Management(SAM)registration has not been completed or has expired. c.Obtain an Open Ratings report. You must provide the required Open Ratings report with the initial submission of your offer. You may go on line at www.ppereports.com to obtain your Open Ratings report. An offer submitted without a current Open Ratings report will be rejected as non-responsive. An Open Ratings report is considered current for 1 (one)year from the date of issuance.See the Past Performance Evaluation attachment to this solicitation for additional information. d.Offerors must submit a copy of the certificate signifying that one of its current employees who is listed in the authorized negotiator section,has completed the Pathway to Success training within the past year. Pathway to Success training is available through the Vendor Support Center website at http://vsc.gsa.gov. Click on the tab Training to access this free,web-based training. The training session is less than two hours total and covers the major factors your organization should consider prior to submitting an offer to GSA. NOTE: Pathway to Success training certifications will not be accepted from Consultants or Agents completing the training on behalf of their clients. 8.SUBMISSION OF OFFER. Information about this particular solicitation can be obtained from the issuing FCIS-JB-980001-B Refresh: 41 Cover Page office address shown herein. a.Your offer must be submitted electronically via the a-Offer website(http://eoffer.gsa.gov). b.By using the a-Offer system,submitting a signed copy of the SF1449 is NOT necessary due to the digital certificate required to submit an a-Offer. All other documents,including but not limited to Letter of Supply,Past Performance Evaluation and Subcontracting Plan requiring signature must be signed and dated before uploading to the eOffer system. c. NOTE:CSP-1 Commercial Sales Practices form is only required with contracts that are NOT PARTICIPATING in the Transactional Data Reporting(TDR)Pilot.Complete CSP-1 Commercial Sales Practices,which is an attachment to the solicitation,in accordance with the instructions provided with the clause,in its entirety.Additionally,you must provide a copy of the Commercial Pricelist in effect during the period for which you reported commercial sales on the CSP-1 form. Failure to provide the completed CSP-1 may result in rejection of the offer as non-responsive. d.Provide your current Commercial Price list.This is the price list you provide your commercial customers,and NOT a GSA price list or price proposal. This price list must reflect the company name and/or logo and must have an effective date. This price list should not have any reference to GSA other than to have the applicable Special Item Number(SIN)annotated by the offered items. e.If special catalogs or price lists are printed for the purpose of this offer,such descriptive catalogs or price lists shall include a statement indicating the special catalog or price list represents a verbatim extract from the contractors commercial catalog and/or price list. f. Provide discount information to include the basic and/or quantity/volume discount offered from your commercial pricing in accordance with Clause 552.212-70 Preparation of Offer located in the solicitation document. See the Discount Proposal Spreadsheet attachment for required information. Note regarding Manufacturers Part Numbers: Offeror must ensure the Original Equipment Manufacturer(OEM),Manufacturer 4 Part Number or Wholesaler Number for each product proposed reflects the actual part number assigned. If the OEM,Manufacturer,or Wholesaler Part Number is submitted incorrectly or not submitted,the product offering will not be awarded. g. If you are not the manufacturer of the product(s)you are offering,an acceptable Letter of Commitment/Supply must be provided. See Clause I-FSS-644 Dealers and Suppliers in the Basic Solicitation and the letter requirements. Failure to provide acceptable Letters of Commitment/Supply may result in rejection of the offer as non-responsive. See Letter of Supply template for required language. h.Any products offered must comply with the Trade Agreements Act(TAA). It is the responsibility of the offeror to determine TAA compliance. When an item consists of components from various countries and the components are assembled in an additional country,the test to determine country of origin is substantial transformation(reference FAR 25.001(c)). Offerors can go to The Office of Regulations and Rulings within U.S. Customs and Border Protection,which is the Federal Agency responsible for making substantial transformation determinations. CBPs determinations or opinions are based upon tariff laws. The offeror may also request an opinion from a third party expert or make the determination himself. The internet address for the U.S.Customs and Border Protection is:http://www.cbp.gov/. Reference 19 CFR 177.23. Offerors should keep this in mind when completing the TAA certification section of the SAM registration. When evaluating offers,the Contracting Officer will rely solely on the representations and certifications of the offeror and will not make substantial transformation determinations. i. In accordance with FAR 4.102(e),you must complete K-FSS-1 Authorized Negotiator if you have authorized an Agent/Consultant to act on your behalf. j.If you are classified as other than small business(or are owned by or affiliated with a large business),your offer will be valued in excess of$700,000 for the basic contract period. Therefore,a Small Business Subcontracting Plan MUST be submitted with your offer. See the Small Business Subcontracting Plan attachment for a sample format for the plan. Failure to provide an acceptable Subcontracting Plan(if required) may result in rejection of the offer as non-responsive. k.Applicable only to offers ultimately bound for overseas destinations:Offer must maintain an order tracking system that permits ordering agencies to obtain the location of an order from the time the order is shipped to the ii FCIS-JB-980001-8 Refresh: 41 Cover Page time/point of delivery and acceptance at end point of point of delivery.Offeror must also demonstrate understanding of an order bound for an international end point delivery and provide a sample electronic version of an appropriately marked label in accordance with the FED-STD-123 and MIL-STD-129 edition in effect at the date of issuance of the solicitation.Offer will not be accepted for OCONUS delivery if offer does not demonstrate a proper tracking system and a sample packaging label for international delivery. I. Pursuant to Clause 552.238-74,Industrial Funding Fee and Sales Reporting,the IFF is a separate collection mechanism and any increase or decrease in the fee does not change the price/discount relationship established at the time of award pursuant to 552.238-75,Price Reductions. Please note there is a base(non-TDR)and an alternate(TDR)clause in this solicitation. If a vendor is participating in the TDR pilot,the alternate clause applies.If a vendor is not participating in TDR Pilot,than the base clause applies. m.The IFF is a separate collection mechanism. The discounts and pricing you offer to the Government may not include the IFF. The IFF shall be added to the net GSA price. Discounted price divided by.9925 equals the final GSA Advantage price. 9.DIGITAL CERTIFICATES.Offerors must obtain a Level 3 Digital Authentication Certificate in order to access the eOffer system. In order to facilitate the timely processing of your offer and administration of the resultant contract,it is highly recommend that you have at least two(2)persons with digital certificates listed as Authorized Negotiators in your offer and authorized to sign,at least one of which is an employee of the offering company. For information and instructions on obtaining digital certificates,visit the eOffer website (http://eoffer.gsa.gov). Include a screen shot or copy of the digital certificates with your offer. 10.Vendors must submit offers through the GSA eOffer system(http://eoffer.gsa.govn. Please note that Digital Certificates are required when using the eOffer system. For assistance, please visit the Vendor Support Center (http://vsc.gsa.gov). 11.TERMS&CONDITIONS. For your convenience,the standard Terms and Conditions of each SIN have been replicated in the attachment entitled"Critical Information Specific to Schedule 70". Thoroughly read the attachment for additional critical information and requirements specific to the Schedule under which you are submitting your offer. The Offeror is still obligated to complete and return their Offered Pricing/Price List Document which includes the Terms and Conditions applicable to each SIN.These additional Terms and Conditions will be part of your awarded contract. 12. In order to fully evaluate your offer,all elements of the solicitation must be completed. You should pay close attention to the requirements noted below. Failure to provide any element of these requirements may result in rejection of your offer as substantially incomplete or insufficient to evaluate. a.The www.acquisition.gov site links you to all sites prospective Offerors might need(SAM,a-SRS, FedBizOpps). 13.In an effort to raise the standards for the GSA Multiple Award Schedules to ensure the customer agencies and the MAS contractors receiving and providing services that are in the best interest of Government,the following language has been incorporated into the solicitations: a.AbilityOne Language Offeror must be an authorized AbilityOne distributor by the Committee for Purchase from People Who Are Blind or Severely Disabled.Contractor shall meet the AbilityOne Exclusivity Requirement by blocking orders of commercial products that are identified as being identical to or Essentially the SAME(ETS)as AbilityOne offered products.Please note:An authorized AbilityOne distributor is discretionary not mandatory.Offerors are not required to be an authorized AbilityOne distributor in order to be a Schedule 70 vendor. b.Manufacturers Part Number Offeror must ensure the Original Equipment Manufacturer(OEM),Manufacturer Part Number or Wholesaler Number for each product proposed reflects the actual part number assigned. If the OEM,Manufacturer,or Wholesaler Part Number is submitted incorrectly or not submitted,the product offering will not be awarded. c.Frustrated Freight Applicable only to offers ultimately bound for overseas destinations:Offer must maintain an order tracking system that permits ordering agencies to obtain the location of an order from the time the order is shipped to the time/point of delivery and acceptance at end point of point of delivery. iii FCIS-JB-980001-B Refresh: 41 Cover Page Offeror must also demonstrate understanding of an order bound for an international end point delivery and provide a sample electronic version of an appropriately marked label in accordance with the FED-STD-123 and MIL-STD-129 edition in effect at the date of issuance of the solicitation. Offer will not be accepted for OCONUS delivery if offer does not demonstrate a proper tracking system and a sample packaging label for international delivery. d.Full Products and Broad Services Offerings Offeror must provide a full and broad offering on services and/or products.Offers will not be accepted with only limited item/offering(product,labor category,training course,or fixed-price service)unless it represents a total solution for the Special Item Numbers(SINS). e.Fair and Reasonable Pricing To determine fair and reasonable pricing,the GSA Contracting Officer may consider many factors,including pricing on competitor contracts, historical pricing,and currently available pricing in other venues. Offers which provide Most Favored Customer pricing,but which are not highly competitive will not be found fair and reasonable and will not be accepted. 14. INCORPORATED BY REFERENCE(IBR).Many of the provisions and clauses cited in this solicitation are incorporated by reference to the appropriate section of the Federal Acquisition Regulation(FAR)or the General Services Administration Acquisition Manual(GSAM). A review of these clauses and provisions will be necessary for you to understand all aspects of the solicitation.The full text of any FAR and GSAM clauses which are incorporated by reference in this solicitation may be found in the electronic file titled'Regulations Incorporated by Reference',or they can be accessed at the following URLs: FAR:https://www.acquisition.gov/far/ GSAM: https://www.acquisition.gov/gsamfgsam.html 15.Copies of FAR may be purchased from: Superintendent of Documents Government Printing Office(GPO) Washington,DC 20402 16.RECEIPT OF OFFERS/SCHEDULE CONTRACT PERIOD. This standing solicitation will remain in effect until replaced by an updated solicitation.There will be no closing date for receipt of offers. Therefore,offers may be submitted for consideration at any time. See A-FSS-11 CONSIDERATION OF OFFERS UNDER STANDING SOLICITATION. 17.SOLICITATION FORMAT/CONTENTS. This solicitation has been prepared in accordance with FAR Part 12,Acquisition of Commercial Items,which implements Title VIII of the Federal Acquisition Streamlining Act (FASA)of 1994(Public Law 103-355),the Clinger-Cohen Act of 1996(Public Law 104-106),and the final rule, published as General Services Administration Acquisition Regulation(GSAR)Change 76, regarding commercial item acquisitions under the Multiple Award Schedules Program. The contract format and data requirements in this solicitation differ somewhat from previous solicitations. Offerors are strongly advised to carefully review the entire solicitation document. 18.INTERNET PROTOCOL VERSION 6(lPv6). All Information Technology offers at the time of submission dealing with Internet Protocol(IP)are self certifying offerings as Internet Protocol Version 6(IPv6)compliant. 19.MANDATORY ACCEPTANCE OF CREDIT CARD. Contractors are required to accept credit cards for payments equal to or less than the micro-purchase threshold for oral or written delivery orders. Contractors are encouraged to accept credit cards for orders above the micro-purchase threshold. See GSAR 552.232-79 PAYMENT BY CREDIT CARD,VARIATION. 20.PAST PERFORMANCE. In order to assist the Government in assessing an Offeror's past performance, each company responding to this solicitation will be required to have Dun&Bradstreet(D&B)do Open Ratings, a strategic partner with D&B,complete a Past Performance Evaluation Report on that firm.For companies with less than two-years of corporate experience:the Past Performance Evaluation Report may include customer iv FCIS-JB-980001-B Refresh: 41 Cover Page references and feedback from the key personnel's past performance.The request must be made prior to the submission of a proposal. Each Offeror must submit,with its proposal,a completed copy of the past performance evaluation form sent,by the Offeror,to Open Ratings. Any charges associated with the Past IJ Performance Evaluation Report will be paid by the Offeror. SEE PAST PERFORMANCE EVALUATION. 21, FINANCIAL RESPONSIBILITY DETERMINATION.Please be aware that a financial responsibility determination will be completed on your firm. Please ensure that your Dun and Bradstreet information is up to date. Financial documentation(Income Statement and Balance Sheet)from your firms last 2 fiscal years must be submitted(if applicable;see Critical Information Specific to Schedule 70). 22. PROFESSIONAL SERVICE. If offering professional services(as defined by 29 CFR 541)(SINS 132-51 and/or 132-60f and/or 132-56, 132-45A, 132-45B, 132-45C,132-45D).Offeror shall submit a Professional Compensation Plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract in accordance with Clause 52.222.-46 Evaluation of Compensation for Professional Employee. Individual compensation disclosure is not required.Submission of general compensation practices often printed in an employee handbook is sufficient.PLEASE REFER to SCP-FSS-003 General Proposal Submission Instructions(Feb 2012)for additional guidance. 23.COOPERATIVE PURCHASING. Section 211 of the E-Government Act of 2002 amended the Federal Property and Administrative Services Act to allow for cooperative purchasing. Cooperative Purchasing authorizes State and local government entities to purchase Information Technology(IT)supplies/products and services from the GSA IT Schedule 70 and the Consolidated Schedule contracts containing Information Technology(IT)Special Item Numbers(SINs). a.State and local government entities means:the states of the United States,counties,municipalities,cities, towns,townships,tribal governments,public authorities(including public or Indian housing agencies under the United States Housing Act of 1937),school districts,colleges and other institutions of higher education,council of governments(incorporated or not),regional or interstate government entities,or any agency or instrumentality of the preceding entities(including any local educational agency or institution of higher education),and including legislative and judicial departments. The Final Rule regarding Cooperative Purchasing was issued in the Federal Register on May 18,2004,and was incorporated via Refresh 14. b.When submitting an Offer,please INDICATE IN YOUR COVER LETTER,which Special Item Numbers (SINS)are to include COOPERATIVE PURCHASING. 24. DISASTER RECOVERY. This provides for state and local governments to use GSA's schedules for Disaster Recovery as provided for in Section 833 of the National Defense Authorization Act of Fiscal Year 2007, commonly known as the John Warner National Defense Authorization Act(P.L. 109-364). Specifically, it authorizes the use of Federal Supply Schedules by state and local governments to facilitate recovery from major disaster,terrorism,nuclear,biological,chemical,or radiological attacks. The disaster must be declared by the President under the Robert T.Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C.5121 et.seq.) NOTE:If the Offeror chooses to participate in Disaster Recovery(GSAR 552.238-80),the program then applies to ALL SINS listed under the offer. Please respond to the Disaster Recovery option when submitting your offer. 25.OOCORP-CONSOLIDATED SCHEDULE(Formerly Corporate Contracts Schedule). The Consolidated Schedule adds value by simultaneously reducing administrative costs,shortening lead times and ensuring quality services and related supplies. This Schedule covers a broad spectrum of services for various functional domains,including engineering,information technology,logistics,and management/organizational business improvement services. This Schedule is a tool for federal agencies to issue task orders to a single company to perform a requirement that includes services falling within the scope of several individual Schedules. If you feel that your company would better benefit from a Consolidated Schedule,please submit your offer under OOCORP-CONSOLIDATED SCHEDULE(Formerly Corporate Contracts Schedule)instead of Schedule 70. 26. DANGER PAY. Contractor personnel may be required to perform services in areas designated by the Department of State as Danger Pay or Hardship Posts for a variety of reasons,including contingency operations,humanitarian or peacekeeping operations,military exercises and/or operations,or diplomatic missions.The Department of State Standardized Regulations(DSSR)provides for additional compensation for service in foreign locations where conditions of environment differ substantially from conditions of environment v FCIS-JB-980001-B Refresh: 41 Cover Page in the continental U.S.that additional compensation is warranted and necessary as a recruitment or retention incentive. Danger Pay and Hardship Post differential rates must be negotiated at the MAS contract level. The Contractor may request these rates upon award or via contract modification any time after award. Applicable SINs under Schedule contracts may include a Danger Pay or Hardship Post differential. If it is included,it is a rate differential. The Ordering Agency Contracting Officer has the authority to determine whether or not it is appropriate for an individual order. For more information on Danger Pay,please see the Department of State's website:hftp://www.state.gov. 27.FOREIGN VENDORS.Offerors from foreign countries are obligated to the same rules and regulations as domestic offerors,however there are some minor differences. The requirements for Foreign Vendors include but are not limited to the items listed below. The list is simply an aid and may not be complete. Additional documentation or certifications may be required by the Contracting Officer at anytime. Foreign Vendors: -Must submit a Small Business Plan only if the offeror has physical offices located with the United States. -Are still obligated to obtain a DUNS# -Must submit all prices in US Dollars -Must perform the currency conversion at the time the order is placed -Be TAA compliant Please read the entire Solicitation for the full list of requirements for Foreign Vendors. If you are a Foreign Company trying to do business with the General Services Administration using eOffer/eMod and need a digital certificate,follow the instructions below: Complete the application on the hftp://aces.orc.com/site for a"Aces Business Representative Certificate". Complete the Aces Business Representative application.The form does not currently accept foreign addresses, so in the field for the address put Virginia,22030,United States.In the text box below put the actual foreign address.Submit the form and print the documents to be notarized.Then have the form notarized through one of the following methods: Go to a US Embassy and have the documents notarized. If they are in the US they can go to any notary,or they can to go the ORC office and have the documents reviewed. If they have questions and need to speak to someone at ORC,they can use the number below or email them. The ORC ACES Customer Service Team aceshelp@orc.com (888)816-5503 They need to tell the person they are speaking with that they need a ACES Business Representative Certificate and that they are a foreign company. 28.FEDERAL ASSETS SALES.An executive agency may sell personal property(including on behalf of another agency when so requested)only if it is a designated Sales Center(SC),or if the agency has received a waiver from the eFAS Planning Office.An SC may engage contractor support to sell personal property.Only a duly authorized agency official may execute the sale award documents and bind the United States.CITATION:Code of Federal Regulations 41CFR102-38.40. 29.PROPOSED ECONOMIC PRICE ADJUSTMENT(EPA)MECHANISM. EPA is described in detail in Clauses I-FSS-969 and 552.216-70.Please note there is a base(non-TDR)and an alternate(TDR)clause in this solicitation.If a vendor is participating in the TDR pilot,the alternate clause applies.If a vendor is not participating in TDR Pilot,than the base clause applies. 30.GSA ADVANTAGE.An electronic information and ordering system,known as GSA Advantage! encompasses all of the products and services under this schedule(1-FSS-597). Contractors are required to display product,service and pricing information on GSA Advantage!within 6 months after the contract award. 31.RE-REPRESENTATION OF SIZE STATUS FOR OPTION PERIODS. Prior to the time the Contracting Officer exercises an option,the Contractor will be required to re-represent business size status and 8(a) vi FCIS-JB-980001-B Refresh: 41 Cover Page program eligibility to the Contracting Officer. Refer to Clause 52.219-28(JUN 2007). 32.ADVISORY ASSISTANCE SERVICES. Offerors are advised that nongovernment consultants may assist the Government during the Government's evaluation of proposals. These persons shall be authorized access to only those portions of the proposal data and discussions that are necessary to enable them to provide specific technical advice on specialized matters or on particular problems. They shall be expressly prohibited from scoring,ranking,or recommending the selection of a source.All nongovernment consultants have signed a Non-Disclosure Agreement. Each nongovernment consultant has expressly agreed to maintain the confidentiality of all documents,data and other information provided,obtained,or accessed from the General Services Administration(GSA)and among other attestations,agreed to the following: (a)The contractor assumes full responsibility for and guarantees the security and confidentiality of all documents,data,and other information supplied or gleaned from GSA;and (b)The contractor will prevent any person from disclosing the contents or description of documents,data,or information,including proprietary information maintained by the Government to any person not authorized by GSA or to have access to such documents or information. 33.SECTION 508 COMPLIANCE. Section 508 is a part of the Rehabilitation Act of 1973 which requires that electronic and information technology(EIT)developed, procured,maintained,or used by the Federal government be accessible to people with disabilities.On August 7, 1998,the President signed into law the Workforce Investment Act of 1998,which includes the Rehabilitation Act Amendments of 1998.Section 508 was originally added to the Rehabilitation Act in 1986;the 1998 amendments significantly expand and strengthen the technology access requirements in Section 508. Section 508 requires that when Federal agencies develop, procure,maintain,or use electronic and information technology,they shall ensure that the electronic and information technology allows Federal employees with disabilities to have access to and use of information and data that is comparable to the access to and use of information and data by Federal employees who are not individuals with disabilities, unless an undue burden would be imposed on the agency.Section 508 also requires that individuals with disabilities,who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities,unless an undue burden would be imposed on the agency. Offerors are required to self-certify that their products or services are in compliance with Section 508 technical standards. Therefore,the offeror is required to submit with its offer a designated area on its website that outlines the Voluntary Product Accessibility Template(VPAT)or equivalent qualification,which ultimately becomes the Government Product Accessibility Template(GPAT). The purpose of the VPAT is to assist Federal contracting officials and other buyers in making preliminary assessments regarding the availability of commercial EIT products and services with features that support accessibility. The Offeror must comply with all required Federal or agency standards as specified in the scope of Work for each Task Order. Section 508,the Federal Information Technology Accessibility Initiative(36 CFR 1194),is incorporated into and made a part of this solicitation. Compliance with the applicable Section 508 standards is a material requirement of this solicitation. All EIT deliverables resulting from task orders placed against this solicitation, inclusive of electronic documents, must meet all minimum accessibility requirements as well as Section 508 technical standards at a minimum. The offeror must reference the Section 508 technical standards below as a resource for meeting compliance of deliverables: 1194.21 Software applications and operating systems 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 1194.26 Desktop and portable computers 1194.31 Functional Performance Criteria1 1194.41 Information,Documentation and Support -f World Wide Web Consortium(W3C)www.w3c.org 34.SUBMISSION OF MODIFICATIONS. Vendors must submit their modifications to current contracts using the eOffer/eMod system(http://eoffer.gsa.govn.Please note that Digital Certificates are required when using the vii FCIS-JB-980001-B Refresh: 41 Cover Page eOffer/eMod system.For technical issues or concerns with the eMod system,please send an email to eoffer@gsa.gov. 35.Points of Contact For general questions regarding MAS IT Schedule 70 Contracting: Customer Service GSA Technology Solutions 24 hours a day,Mon-Fri (855)ITaid4U(482-4348) ITCSC@gsa.gov For questions regarding eOffer submission or Certifications: Vendor Support Center visit www.gsa.gov/vsc. Phone: 1-877-495-4849 For general questions regarding HSPD 12: Email:hspol2@gsa.gov Phone: 1-703-605-2727 For general questions regarding COMSATCOM: Email:fasnetworkservice@gsa.gov Phone: 1-877-387-2001 Begin Regulation �.. CP-FSS-1-C(MAY 2000) Solicitation No.FCIS-JB-980001-B Refresh 41 WORLDWIDE FEDERAL SUPPLY SCHEDULE CONTRACT FOR (a)FSC GROUP Class 70 PART Not Applicable SECTION Not Applicable COMMODITY:Information Technology Supplies FSC CLASS(ES)/PRODUCT CODE(S):7010 (b)STANDARD INDUSTRY GROUP:70 SERVICE: Information Technology Professional Services SERVICE CODE(S):D302 ANY INFORMATION THAT MAY BE DESIRED ON THIS PARTICULAR SOLICITATION CAN BE OBTAINED FROM THE ISSUING OFFICE ADDRESS SHOWN HEREIN. Begin Regulation CP-FSS-19 PRICING(DEC 1998) Offerors are advised that separate pricing may be submitted for different countries if separate pricing is consistent with the offeror's commercial sales practice. viii FCIS-JB-980001-B Refresh: 41 Cover Page i Note: Regulation CP-FSS-19 lJ Begin Regulation CP-FSS-2 SIGNIFICANT CHANGES(OCT 1988) The attention of offeror is invited to the following changes made since the issuance of the last solicitation for the supplies/services covered herein: The deleted regulations(s)from previous refresh are listed below Number Title Clause/Provision 552.216-70 ECONOMIC PRICE ADJUSTMENT- Clause FSS MULTIPLE AWARD SCHEDULE CONTRACTS(SEP 1999)(ALTERNATE I-SEP 1999) The added regulation(s)in new refresh are listed below Number Title Clause/Provision 52.225-6 TRADE AGREEMENTS CERTIFICATE Provision (MAY 2014) CI-FSS-151-N ADDITIONAL EVALUATION FACTORS Clause FOR AWARD TO NEW OFFERORS (OCT 2015) CI-FSS-151-S ADDITIONAL EVALUATION FACTORS Clause FOR AWARD TO SUCCESSFUL FSS PROGRAM CONTRACTORS(OCT 2015) SCP-FSS-001-S INSTRUCTIONS APPLICABLE TO Provision SUCCESSFUL FSS PROGRAM CONTRACTORS(MAR 2016) (ALTERNATE II—JUL 2016) SCP-FSS-001-N INSTRUCTIONS APPLICABLE TO Provision NEW OFFERORS(OCT 2015) (ALTERNATE VI—JUL 2016) I-FSS-969 ECONOMIC PRICE ADJUSTMENT— Clause FSS MULTIPLE AWARD SCHEDULE (OCT 2014)(ALTERNATE I I-JUL 2016) 552.238-74 INDUSTRIAL FUNDING FEE AND Clause SALES REPORTING(MAY 2014) (ALTERNATE I-JUN 2016) 552.238-81 MODIFICATION(FEDERAL SUPPLY Clause SCHEDULE)(APR 2014)(ALTERNATE II-JUN 2016) Cl-FSS-151-N ADDITIONAL EVALUATION FACTORS Clause FOR AWARD TO NEW OFFERORS (OCT 2015)(ALTERNATE I-JUL 2016) Cl-FSS-151-S ADDITIONAL EVALUATION FACTORS Clause FOR AWARD TO SUCCESSFUL FSS PROGRAM CONTRACTORS(OCT ix FCIS-JB-980001-B Refresh: 41 Cover Page 2015)(ALTERNATE I-JUL 2016) 552.238-75 PRICE REDUCTIONS(JUL 2016) Clause (ALTERNATE I-JUL 2016) 552.216-70 ECONOMIC PRICE ADJUSTMENT- Clause FSS MULTIPLE AWARD SCHEDULE CONTRACTS(DEVIATION IV-JUL 2016) 552.216-70 ECONOMIC PRICE ADJUSTMENT- Clause FSS MULTIPLE AWARD SCHEDULE CONTRACTS(SEP 1999)(ALTERNATE I-SEP 1999)(DEVIATION-APR 2007) The updated regulation(s)in new refresh are listed below Number Title Clause/Provision The added SINS in new refresh are listed below SIN# SIN Title Total Sales in$ The deleted SINS in new refresh are listed below SIN# SIN Title Total Sales In$ Begin Regulation CP-FSS-3 NOTICE: REQUESTS FOR EXPLANATION OR INFORMATION(MAR 1996) Oral or written requests for explanation or information regarding this solicitation should be directed to: GENERAL SERVICES ADMINISTRATION Address:GSA/FAS CENTER FOR IT SCHEDULE PROGRAM SOLICITATION NO.FCIS-JB-980001-B Vendor Support center(VSC) vcndor.supportCgsa.gov or Phone Toll Free:877-495-4849. IMPORTANT:DO NOT ADDRESS OFFERS,MODIFICATIONS OR WITHDRAWALS TO THE ABOVE ADDRESS.THE ADDRESS DESIGNATED FOR RECEIPT OF OFFERS IS CONTAINED ELSEWHERE IN THIS SOLICITATION. Begin Regulation x FCIS-JB-980001•8 Refresh: 41 Cover Page SCP-FSS-001-N INSTRUCTIONS APPLICABLE TO NEW OFFERORS(OCT 2015) (a)Read the entire solicitation document prior to preparation of your offer. (b)Electronic submission of offers via GSA's eOffer web-based application(http://eOffer.gsa.gov)is mandatory. (c)Offers must be current,concise,and complete,and demonstrate a thorough understanding of solicitation requirements.By submission of an offer,the offeror attests that there have been no exceptions taken to the terms and conditions of this solicitation unless otherwise explicitly identified as required in e0ffer(see"Exceptions to Terms and Conditions"under the Standard Response module). (d)If the offeror was previously awarded a Schedule contract that was cancelled or allowed to expire due to low or no sales,a new offer for the same Schedule will not be considered unless a minimum of 12 months have passed since the effective date of the cancellation or the expiration date of the previous contract.Any offer submitted prior to the completion ofthis 12-month period will be rejected. (e)By submission of an offer,the offeror attests that it understands and agrees to comply with the requirements of clause 552.238-74 Industrial Funding Fee and Sales Reporting. (f)In addition to full compliance with the requirements of this provision(SCP-FSS-001-N),the offeror must also comply with the following provisions,as applicable. Failure to comply with an applicable provision will result in rejection of the offer. Solicitation provisions and their applicability are detailed below: (1)SCP-FSS-002 Specific Proposal Submission Instructions for Services—Applies to all offers that propose services,with the exception of offers under Schedule 70. (2)SCP-FSS-003 Specific Proposal Submission Instructions for Products—Applies to all offers that propose products,with the exception of offers under Schedule 70. (3)SCP-FSS-004 Specific Proposal Submission Instructions for Schedule 70—Applies only to offers submitted under Schedule 70-General Purpose Commercial Information Technology Equipment,Software,and Services. (4)SCP-FSS-005 Special Proposal Instructions for Products for Schedule 751—Applies only to offers submitted under Schedule 751 -Leasing of Automobiles and Light Trucks. (5)SCP-FSS-006 Special Proposal Instructions jar Products and Services for Schedule 23V— Applies only to offers submitted under Schedule 23V-Automotive Superstore. Offerors proposing both products and services must comply with the requirements of SCII-FSS-002 and SCP-FSS-003.Offers submitted under Schedule 70 are required to comply with SCP-FSS-004 onlX, regardless of whether products and/or services are offered. (g)The following documents must be submitted by all offerors and are detailed in paragraph 0).See SCP-FSS-002,003,004,005,and 006,as applicable,for additional documents that are required based on specific product and service offerings. The following documentation requirements arc completed directly through the cOffer application: (1)Pathway to Success training completion verification, (2)Active System for Award Management(SAM)registration verification, (3)Small Business Subcontracting Plan(if applicable), (4)Commercial Sales Practices(CSP)disclosure. "rhe offeror must complete and upload the following documents to the eOffer application: (1)Readiness Assessment for Prospective Offerors, Xi FCIS-JB-980001-B Refresh: 41 Cover Page (2)Financial Statements, (3)Previous FSS program cancellations and rejections,pending offers for other Schedule contracts,and awarded Schedule contracts, (4)Agent Authorization Letter(if applicable), (5)Technical Proposal, (6)Price Proposal Template, (7)Supporting Pricing Documentation, (8)Price Narrative, (9)Commercial Price List or Market Rate Sheet(if applicable). (h)Withdrawal of Offer:The offeror may withdraw its offer from consideration at any time prior to award or rejection by withdrawing it in eOffer.If an offer is withdrawn,a new offer can be resubmitted at a later date.Information saved from the previous withdrawn offer can be copied over to the new offer,excluding uploaded documents. (i)The proposal instructions in SCP-FSS-001-N are common to all solicitations.Some Schedules and SINS have additional requirements specific to that particular Schedule or SIN. Please review the solicitation attachments"Read Me First"and/or"Critical Information"for specific Schedule or SIN requirements. 0)All offerors must comply with the following: (1)Section I—Administrative/Contract Data i.A designated Authorized Negotiator who is also a company officer(i.e.,President, CEO,CFO,etc.)must complete(or have completed within one year of the date of offer submission)the Pathway to Success training.This free,web-based self-assessment is available through the Vendor Education Center(VEC),which can be accessed directly at https:Hgsafas.secure.force.com/MASTrainingHome or through the Vendor Support Center(http://vsc.gsa.gov)by selecting the"Education"tab and then"Pathway to Success."The training session is less than two hours total and covers the major factors vendors should consider prior to submitting an offer to GSA.eOffer will verify the name of the person that completed the Pathway to Success training and the date of completion. ii.The offeror must complete and submit the Readiness Assessment for Prospective Offerors.This free,web-based self-assessment is available through the Vendor Education Center(VEC),which can be accessed directly at https://gsafas.secure.force.com/MAS'I'rainingHome or through the Vendor Support Center(http://vsc.gsa.gov)by selecting the"Education"tab and then"Vendor Toolbox (Readiness Assessment)."The Readiness Assessment must be completed by a company officer(i.e.,President,CEO,CFO,etc.)and completed/dated within the past one-year period.This tool is designed to assist vendors in determining whether they are ready to pursue a Schedule contract and prepares them to navigate the Schedule proposal process. iii.The offeror must be registered with the System for Award Management(SAM)at http://www.sam.gov.The information provided must be current,accurate,and complete, and reflect the North American Industrial Classification System(NAICS)code(s)for this solicitation and the SINS proposed.SAM consolidates the information previously contained in the Central Contractor Registration(CCR),Excluded Parties List System (EPLS),and Online Representations and Certifications Application(ORCA)databases. iv.The offeror must provide the following,as applicable: . . (A)A copy of any cancellation letters received within the preceding two-year period for previously awarded Schedule contracts, (I3)A copy of any rejection notices received within the preceding two-year period for previously submitted Schedule offers, xii FCIS-JB-980001-B Refresh: 41 Cover Page (C)If a contract was previously awarded under THIS Schedule,and it was subsequently cancelled or allowed to expire due to low sales,a detailed description of the steps the offeror plans to take to generate sales through a new contract that includes the following: 1)A copy of the cancellation letter or notification of determination not to exercise an option, 2)Current Federal sales in excess of$25,000,as evidenced by copies of contractual documents that identify the Federal entity and the date and value of the product or services provided, 3)Demonstration that there is a reasonable expectation that any future award will comply with clause I-FSS-639 Contract Sales Criteria, 4)A marketing plan detailing the steps you plan to take to generate sales through a new GSA Schedule contract. (D)Information regarding any pending offers under other Schedules,to include the name and phone number of the assigned GSA contract specialist, (E)Information regarding any currently awarded GSA Schedule contracts,to include the awarded contract number and price list. v.The offeror must provide financial statements for the previous two-year period (audited,if available).At a minimum,each financial statement must consist of a balance sheet and income statement.GSA will use this information to determine financial responsibility.Provide an explanation for any negative financial information disclosed, including negative equity or income.Offerors may be required to provide letters of credit or other documentation to demonstrate that adequate financial resources are available.In accordance with Federal Acquisition Regulation(FAR)9.103(a),contracts will only be awarded to responsible prospective contractors.To be determined responsible,an offeror must have adequate financial resources to perform the contract or the ability to obtain them.Note that 1.)submission of a GSA Form 527 does not meet the aforementioned requirements,and 2.)offerors are NOT to submit tax returns. vi.The offeror must prepare and submit a Small Business Subcontracting Plan,if applicable.The offeror is to complete the Small Business Subcontracting Plan module in eOffer if,pursuant to the applicable NAICS codes and size standards,the offeror is determined to be other than a small business concern for purposes of this solicitation. Large businesses,nonprofit organizations,and educational institutions are advised of the requirement to submit a Small Business Subcontracting Plan as detailed in clause 552.219-72 Preparation,Submission,and Negotiation of Subcontracting Plans, incorporated by reference.The Government will review each plan to ensure it is consistent with the provisions of this clause.Subcontracting plans are subject to negotiation,along with the terms and conditions of any contract resulting from this solicitation.The offeror's subcontracting plan must be approved by the contracting officer prior to award.Failure to submit a Small Business Subcontracting Plan when required will result in the rejection of your offer. Note:GSA's subcontracting goals can be found at the following website: https://www.sba.gov/contracting/contracting-officials/goal ing. vii.Unless otherwise requested,the offeror shall not submit brochures,newsletters,or other marketing materials. viii.An Agent Authorization Letter must be completed and submitted as part of the offer 10 if a consultant or third-party agent assisted in the preparation of the offer,will be involved in any part of the negotiation of the offer,or will be involved in any post-award actions.The template for the Agent Authorization Letter can be found as an attachment to the solicitation.The Agent Authorization Letter has both pre-and post-award delegations. For any resultant contract,the contractor is responsible for initiating a modification to xiii FCIS-JB-980001-B Refresh: 41 Cover Page ensure all authorized negotiators and delegations are up-to-date(e.g.,removing an authorized negotiator that only has pre-award delegations). (2)Section II—Technical Proposal The offeror must address the three technical proposal factors below. i.Factor One-Corporate Experience:The offeror must submit a narrative description of its corporate experience.This narrative cannot exceed two pages and must address the following: (A)The number of years of corporate experience in providing the products/services described under this Schedule,regardless of the specific products/services being proposed—a minimum of two(2)years of corporate experience is required, (B)Organization's number of employees,experience in the field,and resources available to enable it to fulfill requirements, (C)Brief history of the offeror's activities contributing to the development of expertise and capabilities related to this requirement, (D)Information that demonstrates the offeror's organizational and accounting controls, (E)A description of the resources presently in-house or the ability to acquire the type and kinds of personnel/products proposed, (F)A description of how the offeror intends to market the proposed products/services to Federal clients, (G)A discussion regarding the intended use of subcontractors. ii. Factor Two-Past Performance:The offeror must order and obtain a Past Performance Evaluation from Open Ratings, Inc.(ORI).Offerors are responsible for payment to ORI for the Past Performance Evaluation. (A)Past Performance Evaluations are valid for a period of one year from the date of issuance by ORI. If the evaluation was issued more than one year prior to the date of proposal submission via eOffer,the proposal will be rejected. (B)The order form must be completed with a minimum of six(6)customer references submitted.A"customer reference" is defined as a person or company that has purchased relevant products/services from the offeror.The offeror is advised to use references from projects involving products/services related to this solicitation and/or those performed under NAICS code(s)applicable to proposed products/services. (C)The offeror must submit one(1)copy of the completed Past Performance Evaluation and one(1)copy of the order form with its proposal.Failure to submit the completed evaluation and order form will result in rejection of the proposal. (D)The offeror must address any negative feedback for each of the feedback categories contained in the ORI report,to include actions taken to minimize the problems that resulted in negative feedback. iii.Factor Three-Quality Control:The offeror is to submit a single narrative for this factor,regardless of the number of products/services offered.This narrative cannot exceed two(2)pages and must address the following: xiv FCIS-JB-980001-B Refresh: 41 Cover Page (A)A description of internal review procedures that facilitate high-quality standards, 1 (B)Identification of individuals responsible for ensuring quality control, (C)Whether or not subcontractors are used and,if so,the quality control measures used to ensure acceptable subcontractor performance, (D)How potential problem areas and solutions are handled, (E)The procedures for ensuring quality performance when meeting urgent requirements, (F)How quality control will be managed when completing multiple projects for multiple agencies simultaneously. (3)Section 111—Price Proposal i.GSA's pricing goal is to obtain equal to or better than the offeror's Most Favored Customer(MFC)pricing under the same or similar terms and conditions.GSA seeks to obtain the offeror's best price based on its evaluation of discounts,terms,conditions,and concessions offered to commercial customers.However,offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted.The U.S.Government Accountability Office has specifically recommended that"the price analysis GSA does to establish the Government's MAS negotiation objective should start with the best discount given to any of the vendor's customers." ii.Submit proposed pricing using the attached Price Proposal Template.The Price Proposal Template MUST be submitted in Microsoft Office Excel format.The proposed pricing structure must be consistent with the offeror's commercial practices.Pricing must be clearly identified as based either on a"Commercial Price List"or a"Commercial Market Price,"as defined in FAR 2.101 (see"Catalog Price"and"Market Prices"under the definition of"Commercial Item"). (A)If the MFC is a Federal agency,but sales exist to commercial customers, identify which,if any,of the commercial customers receive the offeror's best price.This will allow the Government to establish a"basis of award"customer in accordance with paragraph(a)of clause 552.238-75 Price Reductions. (B)Proposed prices must include the 0.75%Industrial Funding Fee(IFF)(see contract clause 552.238-74 Industrial Funding Fee and Sales Reporting).This fee will be included in the awarded prices and reflected in the total amount charged to ordering activities. iii.Provide supporting documentation for EACH proposed product/service price. Supporting pricing documentation may consist of published and publicly-available commercial catalogs/price lists,copies of invoices,contracts,quote sheets,etc.,and must be submitted with the offer.There must be a clear and relevant relationship between the supporting document and the proposed price it is meant to substantiate.Each supporting document must be clearly labeled with the name of the corresponding proposed product/service. iv.The offeror must submit a detailed price narrative containing sufficient information for each of the products/services offered to enable the contracting officer to determine that offered prices are fair and reasonable.For example,if a price offered to GSA is not equal to or better than the price offered to the offeror's designated Most Favored Customer,the narrative must explain the rationale for proposing such a price in a manner sufficient to enable the contracting officer to determine that the rate is fair and reasonable.Any deviation from the offerors commercial sales practices must be explained,including the specific circumstances and frequency of the deviations. xv FCIS-JB-980001-B Refresh: 41 Cover Page The offeror must also propose a mechanism for future price adjustments,as detailed below: (A)If pricing proposed in the Price Proposal Template is based on a commercial price list,submit a copy of the company's current,dated price list, catalog,or standard rate sheet(note that this must be an existing,standalone document,and not prepared for purposes of this solicitation). Future price adjustments for pricing based on a commercial price list are subject to clause 552.216-70 Economic Price Adjustment—Multiple Award Schedule Contracts. OR (B)If pricing proposed in the Price Proposal Template is based on commercial market prices,future price adjustments are subject to clause I-FSS-969 Economic Price Adjustment—FSS Multiple Award Schedule.The offeror must either propose a fixed annual escalation rate or identify a relevant market indicator(e.g.,the Bureau of Labor Statistics Employment Cost Index). v.Travel will be handled in accordance with clause C-FSS-370 Contractor Tasks/Special Requirements.Costs for transportation,lodging,meals and incidental expenses are allowable subject to the limitations contained in the Federal Travel Regulations and/or Joint Travel Regulations.These costs should not be included in proposed prices,as they are to be coordinated at the order level. vi.Complete the Commercial Sales Practices Format(CSP-1)in eOffer in accordance with instructions provided.Provide a rationale for the given estimate of GSA contract annual sales. (k)Raising the Bar In an effort to raise standards under the FSS program,the following requirements have been highlighted in all solicitations and are relevant to this Schedule,as applicable: (1)AbilityOne Program Products The AbilityOne Program is a Federal procurement program that generates jobs for individuals who are blind or have another significant disability. In order to distribute AbilityOne products,a vendor must be an authorized AbilityOne Program distributor as designated by the U.S. AbilityOne Commission. Certain commercial products are considered"essentially the same"(ETS)as AbilityOne products. Because AbilityOne products are mandatory purchases for Federal customers,the offeror is required to remove any ETS items from its FSS proposal.This applies only to the following Schedules:73-Food Service,Hospitality,Cleaning Equipment and Supplies,Chemicals and Services;75-Office Products/Supplies and Services and New Products/Technology;51 V- Hardware Superstore;and 70-General Purpose Commercial Information Technology Equipment,Software,and Services. For more information on the AbilityOne Program,ETS products,and becoming an authorized AbilityOne distributor,please visit www.abilityone.gov,or contact Mr.Eric Beale at ebeale@abilityone.gov/(703)603-2119. (2)Manufacturer Part Number and Universal Product Code Data Manufacturer Part Number(MPN)data must be submitted for all products.The offeror must ensure that the MPN for each proposed product reflects the actual number assigned.Universal Product Code Type A(UPC-A)data must also be submitted for all products for which this information is commercially available. If MPN(and UPC-A data,if commercially available)is submitted incorrectly or not submitted,the associated product may not be awarded. (3)Frustrated Freight(applicable only to overseas delivery) xvi FCIS-JB-980001-B Refresh: 41 Cover Page The offeror must maintain an order tracking system that permits ordering agencies to track the location of an order at any time, from the moment the order is shipped,to the point of delivery and acceptance.The offeror must also demonstrate understanding of orders bound for an international end-point delivery by providing a sample electronic version of a label appropriately marked in accordance with the FED-STD-123 and MIL-STD-129 edition in effect as of the date of solicitation issuance.An offer for OCONUS delivery will not be accepted if the offer does not demonstrate a proper tracking system and provide a sample packaging label for international delivery. (4)Full-Product and Broad-Service Offerings The offeror must provide a full and broad array of proposed products/services.An offer will not be accepted with limited product/service offerings unless it represents a total solution for the proposed SINS. (5)Fair and Reasonable Pricing To determine fair and reasonable pricing,the GSA contracting officer may consider many factors, including pricing on competitor contracts, historical pricing,and currently available pricing in other venues.Offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted. Note: Regulation SCP-FSS-001 This provision titled SCP-FSS-001 Instructions Applicable to New Offerors(OCT 2015)is not applicable to Schedule 70 solicitation. Please refer to provisions titled "SCP-FSS-001-N Instructions Applicable to New Offerors(OCT 2015)(ALTERNATE I -MAR 2016)" and/or"SCP-FSS-001-N Instructions Applicable to New Offerors(OCT 2015) (ALTERNATE VI-JUL 2016)" for instructions applicable to Schedule 70. Begin Regulation SCP-FSS-001-N INSTRUCTIONS APPLICABLE TO NEW OFFERORS(OCT 2015)(ALTERNATE VI—JUL 2016) (a)Read the entire solicitation document prior to preparation ofyour offer. (b)Electronic submission of offers via GSA's eOffer web-based application(http://cOffcr.gsa.gov)is mandatory. (c)Offers must be current,concise,and complete,and demonstrate a thorough understanding of solicitation requirements.By submission of an offer,the offeror attests that there have been no exceptions taken to the terms and conditions of this solicitation unless otherwise explicitly identified as required in eOffer(see"Exceptions to Terms and Conditions"under the Standard Response module). (d)If the offeror was previously awarded a Schedule contract that was cancelled or allowed to expire due to low or no sales,a new offer for the same Schedule will not be considered unless a minimum of 12 months have passed since the effective date of the cancellation or the expiration date of the previous contract.Any offer submitted prior to the completion of this 12-month period will be rejected. (e)By submission of an offer,the offeror attests that it understands and agrees to comply with the requirements of clause 552.238-74 Industrial Funding Fee and Sales Reporting. (f) In addition to full compliance with the requirements of this provision(SCP-FSS-001-N),the offeror must also comply with the following provisions,as applicable.Failure to comply with an applicable provision will result in rejection of the offer. Solicitation provisions and their applicability are detailed below: xvii FCIS-JB-980001-B Refresh. 41 Cover Page (1)SCP-FSS-002 Specific Proposal Submission Instructions for Services—Applies to all offers that propose services,with the exception of offers under Schedule 70. (2)SCP-FSS-003 Specific Proposal Submission Instructions for Products—Applies to all offers that propose products,with the exception of offers under Schedule 70. (3)SCP-FSS-004 Specific Proposal Submission Instructions for Schedule 70—Applies only to offers submitted under Schedule 70-General Purpose Commercial Information Technology Equipment,Software,and Services. (4)SCP-FSS-005 Special Proposal Instructions for Products for Schedule 751—Applies only to offers submitted under Schedule 751 -Leasing of Automobiles and Light Trucks. (5)SCP-FSS-006 Special Proposal Instructions for Products and Services for Schedule 23V— Applies only to offers submitted under Schedule 23V-Automotive Superstore. Offerors proposing both products and services must comply with the requirements of SCP-FSS-002 and SCP-FSS-003.Offers submitted under Schedule 70 are required to comply with SCP-FSS-004 only, regardless of whether products and/or services are offered. (g)The following documents must be submitted by all offerors and are detailed in paragraph 0).See SCP-FSS-002,-003,-004,-005,and-006,as applicable, for additional documents that are required based on specific product and service offerings. The following documentation requirements are completed directly through the eOffer application: (1)Pathway to Success completion verification, (2)Active System for Award Management(SAM)registration verification, (3)Small Business Subcontracting Plan(if applicable). The offeror must complete and upload the following documents to the cOffer application: (1)Readiness Assessment for Prospective Offerors, (2)Financial Statements, (3)Previous FSS program cancellations and rejections,pending offers for other Schedule contracts,and awarded Schedule contracts, (4)Agent Authorization Letter(if applicable), (5)Technical Proposal, (6)Price Proposal Template, (7)Commercial Price List or Market Rate Sheet(if applicable). (h)Withdrawal of Offer:The offeror may withdraw its offer from consideration at any time prior to award or rejection by withdrawing it in eOffer. If an offer is withdrawn,a new offer can be resubmitted at a later date.Information saved from the previous withdrawn offer can be copied over to the new offer,excluding uploaded documents. (i)"rhe proposal instructions in SCP-FSS-001-N are common to all solicitations.Some Schedules and SINS have additional requirements specific to that particular Schedule or SIN.Please review the solicitation attachments"Read Me First"and/or"Critical Information"for specific Schedule or SIN requirements. 0)All offerors must comply with the following: t (1)Section I—Administrative/Contract Data i.A designated Authorized Negotiator who is also a company officer(i.e., President, CEO,CFO,etc.)must complete(or have completed within one year of the date of offer xviii FCIS-JB-980001-B Refresh: 41 Cover Page submission)the Pathway to Success training.This free,web-based self-assessment is available through the Vendor Education Center(VEC),which can be accessed directly at https://gsafas.secure.force.com/MAS'Frainingliome or through the Vendor Support Center(http://vsc.gsa.gov)by selecting the"Education"tab and then"Pathway to Success."The training session is less than two hours total and covers the major factors vendors should consider prior to submitting an offer to GSA.eOffer will verify the name of the person that completed the Pathway to Success training and the date of completion. ii.The offeror must complete and submit the Readiness Assessment for Prospective Offerors.This free,web-based self-assessment is available through the Vendor Education Center(VEC),which can be accessed directly at hnps:Hgsafas.secure.force.com/MASTrainingf-lome or through the Vendor Support Center(http://vsc.gsa.gov)by selecting the"Education"tab and then"Vendor Toolbox (Readiness Assessment)."The Readiness Assessment must be completed by a company officer(i.e.,President,CEO,CFO,etc.)and completed/dated within the past one-year period.This tool is designed to assist vendors in determining whether they are ready to pursue a Schedule contract and prepares them to navigate the Schedule proposal process. iii.The offeror must be registered with the System for Award Management(SAM)at http://www.sam.gov.'rhc information provided must be current,accurate,and complete, and reflect the North American Industrial Classification System(NAICS)code(s)for this solicitation and the SINs proposed.SAM consolidates the information previously contained in the Central Contractor Registration(CCR), Excluded Parties List System (EPLS),and Online Representations and Certifications Application(ORCA)databases. iv.The offeror must provide the following,as applicable: (A)A copy of any cancellation letters received within the preceding two-year period for previously awarded Schedule contracts, (B)A copy of any rejection notices received within the preceding two-year period for previously submitted Schedule offers, (C)If a contract was previously awarded under THIS Schedule,and it was subsequently cancelled or allowed to expire due to low sales,a detailed description of the steps the offeror plans to take to generate sales through a new contract that includes the following: 1)A copy of the cancellation letter or notification of determination not to exercise an option, 2)Current Federal sales in excess of$25,000,as evidenced by copies of contractual documents that identify the Federal entity and the date and value of the product or services provided, 3)Demonstration that there is a reasonable expectation that any future award will comply with clause I-FSS-639,Contract Sales Criteria, 4)A marketing plan detailing the steps you plan to take to generate sales through a new GSA Schedule contract. (D)Information regarding any pending offers under other Schedules,to include the name and phone number of the assigned GSA contract specialist. (E)Information regarding any currently awarded GSA Schedule contracts,to include the awarded contract number and price list. v. In accordance with Federal Acquisition Regulation(FAR)9.103(a),contracts will only be awarded to responsible prospective contractors.To be determined responsible,an offeror must have adequate financial resources to perform the contract or the ability to obtain them.Note that 1.)submission of a GSA Form 527 does not meet the aforementioned requirements,and 2.)offerors are NOT to submit tax returns. xix FCIS-JB-980001-B Refresh: 41 Cover Page (A)For offerors with more than two years of corporate experience,the Offeror must provide financial statements for the previous two-year period(audited,if available). At a minimum,each financial statement must consist of a balance sheet and income statement.GSA will use this information to determine financial responsibility. Provide an explanation for any negative financial information disclosed,including negative equity or income.Offerors may be required to provide letters of credit or other documentation to demonstrate that adequate financial resources are available. (B)For Offerors with less than two years of corporate experience,the Offeror shall submit any form of financial documentation that will prove financial responsibility. If no financial statements exist,the Contracting Officer,after offer submission,may request additional documentation. vi.The offeror must prepare and submit a Small Business Subcontracting Plan,if applicable.The offeror is to complete the Small Business Subcontracting Plan module in eOffer if,pursuant to the applicable NAICS codes and size standards,the offeror is determined to be other than a small business concern for purposes of this solicitation. Large businesses,nonprofit organizations,and educational institutions are advised of the requirement to submit a Small Business Subcontracting Plan as detailed in clause 552,219-72 Preparation,Submission,and Negotiation of Subcontracting Plans, incorporated by reference.The Government will review each plan to ensure it is consistent with the provisions of this clause.Subcontracting plans are subject to negotiation,along with the terms and conditions of any contract resulting from this solicitation.The offerors subcontracting plan must be approved by the contracting officer prior to award.Failure to submit a Small Business Subcontracting Plan when required will result in the rejection ofyour offer Note:GSA's subcontracting goals can be found at the following website: https://www.sba.gov/contractinp/contracting-officials/ og aling. vii.Unless otherwise requested,the offeror shall not submit brochures,newsletters,or other marketing materials- viii.An Agent Authorization Letter must be completed and submitted as part of the offer if the a consultant or third-party agent assisted in the preparation of the offer,will be involved in any part of the negotiation of the offer,or will be involved in any post-award actions.The template for the Agent Authorization Letter can be found as an attachment to the solicitation.The Agent Authorization Letter has both pre-and post-award delegations. For any resultant contract,the contractor is responsible for initiating a modification to ensure all authorized negotiators and delegations are up-to-date(e.g.,removing an authorized negotiator that only has pre-award delegations). (2)Section II—Technical Proposal The offeror must address the three technical proposal factors below. i.Factor One-Corporate Experience:The offeror must submit a narrative description of its corporate experience.This narrative cannot exceed two pages and must address the following: (A)The number of years of corporate experience in providing the products/serviecs described under this Schedule,regardless of the specific products/services being proposed.Companies with less than two years of corporate experience shall submit the additional information: 1)Relevant corporate experience of kcy personnel; ` (a)Key personnel,proposed by the Contractor and accepted by the Contracting Officer during contract award,are expected to remain dedicated to the contract.The resume(s)of the initially proposed key personnel shall become the minimum requirement for qualifications for the duration of the total contract term. If the originally proposed key personnel change,the xx FCIS-JB-980001-B Refresh: 41 Cover Page Contractor is required to substitute personnel with equal ability and qualifications and update resume(s)accordingly.Such a change shall require approval from the Contracting Officer. '\�} 2)Resumes of key personnel;and 3)Organizational chart illustrating clear lines of authority. (B)Organization's number of employees,experience in the field,and resources available to enable it to fulfill requirements. (C)Brief history of the offeror's activities contributing to the development of expertise and capabilities related to this requirement. (D)Information that demonstrates the offerors organizational and accounting controls. (E)A description of the resources presently in-house or the ability to acquire the type and kinds of personnel/products proposed. (F)A description of how the offeror intends to market the proposed products/services to Federal clients. (G)A discussion regarding the intended use of subcontractors. ii.Factor Two-Past Performance:The offeror must order and obtain a Past Performance Evaluation from Open Ratings,Inc.(ORI).Offerors are responsible for payment to ORI for the Past Performance Evaluation. (A)Past Performance Evaluations are valid for a period of one year from the date of issuance by ORI.If the evaluation was issued more than one year prior to the date of proposal submission via eOffer,the proposal will be rejected. (B)The order form must be completed with a minimum of six(6)customer references submitted.A"customer reference"is defined as a person or company that has purchased relevant products/serviccs from the offeror.The offeror is advised to use references from projects involving products/services related to this solicitation and/or those performed under NAICS code(s)applicable to proposed products/services. (C)The offeror must submit one(1)copy of the completed Past Performance Evaluation and one(1)copy of the order form with its proposal.Failure to submit the completed evaluation and order form will result in rejection of the proposal. (D)The offeror must address any negative feedback for each of the feedback categories contained in the ORI report,to include actions taken to minimize the problems that resulted in negative feedback. iii.Factor Three-Quality Control:The offeror is to submit a single narrative for this factor,regardless of the number of products/services offered.This narrative cannot exceed two(2)pages and must address the following: (A)A description of internal review procedures that facilitate high-quality standards, (B)Identification of individuals responsible for ensuring quality control, (C)Whether or not subcontractors are used and,if so,the quality control measures used to ensure acceptable subcontractor performance, (D)How potential problem areas and solutions are handled, Xxi FCIS-JB-980001-B Refresh: 41 Cover Page (E)The procedures for ensuring quality performance when meeting urgent - requirements, (F)How quality control will be managed when completing multiple projects for multiple agencies simultaneously. (3)Section III-Price Proposal i.Submit proposed pricing using the attached Price Proposal Template.The Price Proposal Template MUST be submitted in Microsoft Office Excel format.The proposed pricing structure must be consistent with the offeror's commercial practices.Pricing must be clearly identified as based either on a"Commercial Price List"or a"Commercial Market Price,"as defined in FAR 2.101 (see"Catalog Price"and"Market Prices"under the definition of"Commercial Item"), ii.The offeror must propose a mechanism for future price adjustments,as detailed below— (A)If pricing proposed in Price Proposal Template is based on a commercial price list,submit a copy of the company's current,dated price list,catalog,or standard rate sheet(note that this must be an existing,stand-alone document,and not prepared for purposes of this solicitation).Future price adjustments for pricing based on a commercial price list are subject to clause 552.216-70 Economic Price Adjustment- FSS Multiple Award Schedule Contracts. OR (B)If pricing proposed in the Price Proposal Template is based on commercial market prices,future price adjustments are subject to clause 1-FSS-969 Economic Price Adjustment-FSS Multiple Award Schedule.The offeror must either propose a fixed annual escalation rate or identify a relevant market indicator(e.g.,the Bureau of Labor Statistics Employment Cost Index). iii.Travel will be handled in accordance with clause C-FSS-370 Contractor Tasks/Special Requirements.Costs for transportation,lodging,meals and incidental expenses are allowable subject to the limitations contained in the Federal Travel Regulations and/or Joint Travel Regulations.These costs should not be included in proposed prices,as they are to be coordinated at the order level. (k)Raising the Bar In an effort to raise standards under the FSS program,the following requirements have been highlighted in all solicitations and are relevant to this Schedule,as applicable: (1)AbilityOne Program Products The AbilityOne Program is a Federal procurement program that generates jobs for individuals who are blind or have another significant disability. In order to distribute AbilityOne products,a vendor must be an authorized AbilityOne Program distributor as designated by the U.S. Ability0ne Commission. Certain commercial products are considered"essentially the same"(ETS)as AbilityOne products. Because Ability0ne products are mandatory purchases for Federal customers,the offeror is required to remove any ETS items from its FSS proposal.This applies only to the following Schedules:73-Food Service,Hospitality,Cleaning Equipment and Supplies,Chemicals and Services;75-Office Products/Supplies and Services and New Products/Technology;51 V- Hardware Superstore;and 70-General Purpose Commercial Information Technology Equipment,Software,and Services. For more information on the Ability0ne Program, ETS products,and becoming an authorized AbilityOne distributor,please visit www.abilityone.gov,or contact Mr.Eric Beale at ebeale@abilityone.gov/(703)603-2119. xxii FCIS-JB-980001-B Refresh: 41 Cover Page (2)Manufacturer Part Number and Universal Product Code Data Manufacturer Part Number(MPN)data must be submitted for all products.The offeror must ensure that the MPN for each proposed product reflects the actual number assigned.Universal Product Code Type A(UPC-A)data must also be submitted for all products for which this information is commercially available. If MPN(and UPC-A data,if commercially available)is submitted incorrectly or not submitted,the associated product may not be awarded. (3)Frustrated Freight(applicable only to overseas delivery) The offeror must maintain an order tracking system that permits ordering agencies to track the location of an order at any time,from the moment the order is shipped,to the point of delivery and acceptance.The offeror must also demonstrate understanding of orders bound for an international end-point delivery by providing a sample electronic version of a label appropriately marked in accordance with the FED-STD-123 and MIL-STD-129 edition in effect as of the date of solicitation issuance.An offer for OCONUS delivery will not be accepted if the offer does not demonstrate a proper tracking system and provide a sample packaging label for international delivery. (4)Full-Product and Broad-Service Offerings The offeror must provide a full and broad array of proposed products/services.An offer will not be accepted with limited product/service offerings unless it represents a total solution for the proposed SINs. (5)Fair and Reasonable Pricing To determine fair and reasonable pricing,the GSA contracting officer may consider many factors, including pricing on competitor contracts,historical pricing,and currently available pricing in other venues. Note: Regulation SCP-FSS-001-N This provision applies only to vendors participating in the TDR Pilot. Begin Regulation SCP-FSS-001-S INSTRUCTIONS APPLICABLE TO SUCCESSFUL FSS PROGRAM CONTRACTORS(MAR 2016) (a)Offers can be submitted per the streamlined instructions detailed under this provision provided that the contractor meets ALL of the following criteria(otherwise the offer must be submitted in accordance with SCP-FSS-001-N Instructions Applicable to New Offerors): (1)The contractor has an existing FSS program contract under this Schedule and is submitting a new offer for the same SINs. (2)Sales under the existing contract have averaged a minimum of$25,000 per year for the previous five years of reported sales. (3)There is a demonstrated pattern of satisfactory past performance under the existing contract. (b)Read the entire solicitation document prior to preparation of your offer. (c)Electronic submission of offers via GSA's eOffer web-based application(hUp:HeOffer.gsa.gov)is mandatory. (d)Offers must be current,concise,and complete,and demonstrate a thorough understanding of solicitation requirements.By submission of an offer,the offeror attests that there have been no exceptions taken to the terms and conditions of this solicitation unless otherwise explicitly identified as required in eOffer(see"Exceptions to Terms and Conditions"under the Standard Response module). xxiii FCIS-JB-980001-B Refresh: 41 Cover Page (e)By submission of an offer,the offeror attests that it understands and agrees to comply with the requirements of clause 552.238-74 Industrial Funding Fee and Sales Reporting. (f)In addition to full compliance with the requirements of this provision(SCP-FSS-001-S),the offeror must also comply with the following provisions,as applicable. Failure to comply with an applicable provision will result in rejection of the offer. (1)SCP-FSS-002 Specific Proposal Instructions for Services—Applies to all offers that propose services,with the exception of Schedule 70.The offeror must comply with all requirements under this provision with the exception of(d)(2)Section 11-Technical Proposal(Factor Four-Relevant Project Experience),which is not applicable to streamlined offers. (2)SCP-FSS-003 Specific Proposal Instructions for Products—Applies to all offers that propose products,with the exception of Schedule 70.The offeror must comply with all requirements under this provision. (3)SCP-FSS-004 Specific Proposal Instructions for Schedule 70—Applies only to offers submitted under Schedule 70-General Purpose Commercial Information Technology Equipment, Software,and Services.The offeror must comply with all requirements under this provision with the exception of(d)Section 11-Technical Proposal(Factor Four-Relevant Project Experience), which is not applicable to streamlined offers. (4)SCP-FSS-005 Special Proposal Instructions for Products for Schedule 751—Applies only to offers submitted under Schedule 751 -Leasing of Automobiles and Light Trucks.The offeror must comply with all requirements under this provision. (5)SCP-FSS-006 Special Proposal Instructions for Products and Services for Schedule 23V — Applies only to offers submitted under Schedule 23V-Automotive Superstore.The offeror must comply with all requirements under this provision. Offerors proposing both products and services must comply with the streamlined requirements of SCP-FSS-002 and SCP-FSS-003,as detailed above.Offers submitted under Schedule 70 are required to comply with the streamlined requirements of SCP-FSS-004 only,regardless of whether products and/or services are offered. (g)The following documentation requirements are completed directly through the cOffer application: (1)Active System for Award Management(SAM)registration verification, (2)Small Business Subcontracting Plan(if applicable), (3)Commercial Sales Practices(CSP)disclosure_ The offeror must complete and upload the following documents to the cOffer application: (1)Previous FSS cancellations and rejections,pending offers for other Schedule contracts,and awarded Schedule contracts, (2)Agent Authorization Letter(if applicable), (3)Technical Proposal, (4)Price Proposal Template, (5)Supporting Pricing Documentation, (6)Price Narrative, (7)Commercial Price List or Market Rate Sheet(if applicable). (h)Withdrawal of Offer:The offeror may withdraw its offer from consideration at any time prior to xxiv FCIS-JB-980001-B Refresh: 41 Cover Page award or rejection by withdrawing it in cOffer.If an offer is withdrawn,a new offer can be resubmitted at a later date. Information saved from the previous withdrawn offer can be copied over to the new offer,excluding uploaded documents. (i)The streamlined proposal instructions in SCP-FSS-001-S are common to all solicitations. Some Schedules and SINs have additional requirements specific to that particular Schedule or SIN. Please review the solicitation attachments"Read Me First"and/or`'Critical Information"for specific Schedule or SIN requirements. 0)All offerors must comply with the following: (])Section 1—Administrative/Contract Data (i.)The offeror must be registered with the System for Award Management(SAM)at http://www.sam.gov.The information provided must be current,accurate,and complete, and reflect the North American Industrial Classification System(NAICS)code(s)for this solicitation and the SINS proposed. SAM consolidates the information previously contained in the Central Contractor Registration(CCR),Excluded Parties List System (EPLS),and Online Representations and Certifications Application(ORCA)databases. (ii.)The offeror must provide the following,as applicable: (A)A copy of any cancellation letters received within the preceding two-year period for previously awarded Schedule contracts, (B)A copy of any rejection notices received within the preceding two-year period for previously submitted Schedule offers, (C)Information regarding any pending offers under other Schedules,to include the name and phone number of the assigned GSA contract specialist, (D)Information regarding any currently awarded GSA Schedule contracts,to include the awarded contract number and price list. (iii.)The offeror must prepare and submit a Small Business Subcontracting Plan,if applicable.The offeror is to complete the Small Business Subcontracting Plan module in eOffer if,pursuant to the applicable NAICS codes and sire standards,the offeror is determined to be other than a small business concern for purposes of this solicitation. Large businesses,nonprofit organizations,and educational institutions are advised of the requirement to submit a Small Business Subcontracting Plan as detailed in clause 552.219-72 Preparation,Submission, and Negotiation of Subcontracting Plans, incorporated by reference.The Government will review each plan to ensure it is consistent with the provisions of this clause. Subcontracting plans are subject to negotiation,along with the terms and conditions of any contract resulting from this solicitation.The offeror's subcontracting plan must be approved by the contracting officer prior to award.Failure to submit a Small Business Subcontracting Plan when required will result in the rejection ofyour offer.Note:GSA's subcontracting goals can be found at the following website: https://www.sba.gov/contracting/contracting-officials/goaling. (iv.)Unless otherwise requested,the offeror shall not submit brochures,newsletters,or other marketing materials. (v.)An Agent Authorization Letter must be completed and submitted as part of the offer if a consultant or third-party agent assisted in the preparation of the offer,will be involved in any part of the negotiation of the offer,or will be involved in any post-award actions.The template for the Agent Authorization Letter can be found as an attachment to the solicitation.The Agent Authorization Letter has both pre-and post-award delegations. For any resultant contract,the contractor is responsible for initiating a modification to ensure all authorized negotiators and delegations are up-to-date(e.g.,removing an authorized negotiator that only has pre-award delegations). (2)Section 11—Technical Proposal xxv FCIS-JB-980001-B Refresh: 41 Cover Page The two technical proposal factors are below.The offeror is required to address Quality Control. The submission of data in support of Past Performance is optional. (i.)Quality Control:The offeror is to submit a single narrative for this factor,regardless of the number of products/services offered.This narrative cannot exceed two(2)pages and must address the following: (A)A description of internal review procedures that facilitate high-quality standards, (13)Identification of individuals responsible for ensuring quality control, (C)Whether or not subcontractors are used and,if so,the quality control measures used to ensure acceptable subcontractor performance, (D)I-low potential problem areas and solutions are handled, (E)The procedures for ensuring quality performance when meeting urgent requirements, (F)How quality control will be managed when completing multiple projects for multiple agencies simultaneously. (ii.)Past Performance:The offeror is not required to address this factor,as past performance will be evaluated based on existing information available to the contracting officer.The offeror may submit relevant past performance references if desired but is not required to.If submitting relevant past performance references please include point of contact information for each. (3)Section III-Price Proposal (i.)GSA's pricing goal is to obtain equal to or better than the offeror's Most favored Customer(MFC)pricing under the same or similar terms and conditions.GSA seeks to obtain the offeror's best price based on its evaluation of discounts,terms,conditions,and concessions offered to commercial customers.However,offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted.The U.S.Government Accountability Office has specifically recommended that"the price analysis GSA does to establish the Government's MAS negotiation objective should start with the best discount given to any of the vendor's customers." (ii.)Submit proposed pricing using the attached Price Proposal'Template.The Price Proposal Template MUST be submitted in Microsoft Office Excel format.The proposed pricing structure must be consistent with the offeror's commercial practices.Pricing must be clearly identified as based either on a"Commercial Price List"or a"Commercial Market Price,"as defined in FAR 2.101 (see"Catalog Price"and"Market Prices"under the definition of"Commercial Item"). (A)If the MFC is a Federal agency,but sales exist to commercial customers, identify which, if any,of the commercial customers receive the contractor's best price. (B)Proposed prices must include the 0.75%Industrial Funding Fee(IFF)(see contract clause 552.238-74 Industrial funding Fee and Sales Reporting).This fee will be included in the awarded prices and reflected in the total amount charged to ordering activities. (iii.)Provide supporting documentation for EACH proposed product/service price. Supporting pricing documentation may consist of published and publicly available commercial catalogs/price lists,copies of invoices,contracts,quote sheets,etc.,and must be submitted with the offer.There must be a clear and relevant relationship between the supporting document and the proposed price it is meant to substantiate. Each supporting document must be clearly labeled with the name of the corresponding proposed xxvi FCIS-JB-980001-B Refresh: 41 Cover Page product/service. (iv.)The offeror must submit a detailed price narrative containing sufficient information for each of the products/services offered to enable the contracting officer to determine that offered prices are fair and reasonable. For example,if a price offered to GSA is not equal to or better than the price offered to the offeroes designated Most Favored Customer,the narrative must explain the rationale for proposing such a price in a manner sufficient to enable the contracting officer to determine that the rate is fair and reasonable. Any deviation from the offeroes commercial sales practices must be explained,including the specific circumstances and frequency of the deviations. The offeror must also propose a mechanism for future price adjustments,as detailed below: (A)If pricing proposed in the Price Proposal Template is based on a commercial price list,submit a copy of the company's current,dated price list,catalog,or standard rate sheet(note that this must be an existing,standalone document,and not prepared for purposes of this solicitation).Future price adjustments for pricing based on a commercial price list are subject to clause 552.216-70 Economic Price Adjustment—Multiple Award Schedule Contracts. OR (B)If pricing proposed in the Price Proposal Template is based on commercial market prices,future price adjustments are subject to clause I-FSS-969 Economic Price Adjustment—FSS Multiple Award Schedule.The offeror must either propose a fixed annual escalation rate or identify a relevant market indicator(e.g.,the Bureau of Labor Statistics Employment Cost Index). (v.)Travel will be handled in accordance with clause C-FSS-370 Contractor Tasks/Special Requirements.Costs for transportation,lodging,meals and incidental expenses are allowable subject to the limitations contained in the Federal'Travel Regulations and/or Joint Travel Regulations.These costs should not be included in proposed prices,as they are to be coordinated at the order level. (vi.)Complete the Commercial Sales Practices Format(CSP-I)in eOffer in accordance with the instructions provided. Provide a rationale for the given estimate of GSA contract annual sales. (k)Raising the Bar In an effort to raise standards under the FSS program,the following requirements have been highlighted in all solicitations and are relevant to this Schedule,as applicable: (1)AbilityOne Program Products The AbilityOne Program is a Federal procurement program that generates jobs for individuals who are blind or have another significant disability. In order to distribute AbilityOne products,a vendor must be an authorized AbilityOne Program distributor as designated by the U.S. AbilityOne Commission. Certain commercial products are considered"essentially the same"(ETS)as AbilityOne products. Because AbilityOne products are mandatory purchases for Federal customers,the offeror is required to remove any ETS items from its FSS proposal.This applies only to the following Schedules:73-Food Service,Hospitality,Cleaning Equipment and Supplies,Chemicals and Services;75-Office Products/Supplies and Services and New Products/Technology;51 V -Hardware Superstore;and 70-General Purpose Commercial Information Technology Equipment,Software,and Services. For more information on the AbilityOne Program,ETS products,and becoming an authorized AbilityOne distributor,please visit www.abilityone.gov,or contact Mr. Eric Beale at ebeale@abilityone.gov/(703)603-2119. xxvii FCIS-JB-980001-8 Refresh: 41 Cover Page (2)Manufacturer Part Number and Universal Product Code Data L Manufacturer Part Number(MPN)data must be submitted for all products.The offeror must ensure that the MPN for each proposed product reflects the actual number assigned.Universal Product Code Type A(UPC-A)data must also be submitted for all products for which this information is commercially available. If MPN(and UPC-A data,if commercially available)is submitted incorrectly or not submitted,the associated product may not be awarded. (3) Frustrated Freight(applicable only to overseas delivery) The offeror must maintain an order tracking system that permits ordering agencies to track the location of an order at any time,from the moment the order is shipped,to the point of delivery and acceptance.The offeror must also demonstrate understanding of orders bound for an international end-point delivery by providing a sample electronic version of a label appropriately marked in accordance with the FED-STD-123 and MIL-STD-129 edition in effect as of the date of solicitation issuance.An offer for OCONUS delivery will not be accepted if the offer does not demonstrate a proper tracking system and provide a sample packaging label for international delivery. (4)Full-Product and Broad-Service Offerings The offeror must provide a full and broad array of proposed products/services.Offers will not be accepted with limited product/service offerings unless it represents a total solution for the proposed SINs. (5)Fair and Reasonable Pricing To determine fair and reasonable pricing,the GSA contracting officer may consider many factors, including pricing on competitor contracts,historical pricing,and currently available pricing in other venues.Offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted. Note: Regulation SCP-FSS-001-5 This clause does NOT apply to vendors participating in the TDR Pilot. i Begin Regulation SCP-FSS-001-S INSTRUCTIONS APPLICABLE TO SUCCESSFUL FSS PROGRAM CONTRACTORS(MAR 2016)(ALTERNATE II— JUL 2016) (a)Offers can be submitted per the streamlined instructions detailed under this provision provided that the contractor meets Al.l,of the following criteria(otherwise the offer must be submitted in accordance with SCP-FSS-001-N Instructions Applicable to New Offerors): (1)The contractor has an existing FSS program contract under this Schedule and is submitting a new offer for the same SINs. (2)Sales under the existing contract have averaged a minimum of$25,000 per year for the previous five years of reported sales. (3)"There is a demonstrated pattern of satisfactory past performance under the existing contract. -- (b)Read the entire solicitation document prior to preparation of your offer. (c)Electronic submission of offers via GSA's eOffer web-based application(htto:HcOffer,gsa.gov)is mandatory. xxviii FCIS-JB-980001-B Refresh: 41 Cover Page (d)Offers must be current,concise,and complete,and demonstrate a thorough understanding of solicitation requirements. By submission of an offer,the offeror attests that there have been no exceptions taken to the terms and conditions of this solicitation unless otherwise explicitly identified as required in eOffer(see"Exceptions to Terms and Conditions"under the Standard Response module). (e)By submission of an offer,the offeror attests that it understands and agrees to comply with the requirements of clause 552.238-74 Industrial Funding Fee and Sales Reporting(Alternate 1). (f)In addition to full compliance with the requirements of this provision(SCP-FSS-001-S),the offeror must also comply with the following provisions,as applicable. Failure to comply with an applicable provision will result in rejection of the offer. (1)SCP-FSS-002 Specific Proposal Instructions far Services-Applies to all offers that propose services,with the exception of Schedule 70.The offeror must comply with all requirements under this provision with the exception of(d)(2)Section II-Technical Proposal(Factor Four-Relevant Project Experience),which is not applicable to streamlined offers. (2)SCP-FSS-003 Specific Proposal Instructions for Products-Applies to all offers that propose products,with the exception of Schedule 70.The offeror must comply with all requirements under this provision. (3)SCP-FSS-004 Specific Proposal Instructions for Schedule 70-Applies only to offers submitted under Schedule 70-General Purpose Commercial Information Technology Equipment, Software,and Services.The offeror must comply with all requirements under this provision with the exception of(d)Section II-Technical Proposal(Factor Four-Relevant Project Experience), which is not applicable to streamlined offers. (4)SCP-FSS-005 Special Proposal Instructions for Products for Schedule 751-Applies only to offers submitted under Schedule 751 -Leasing of Automobiles and Light Trucks.The offeror must comply with all requirements under this provision. (5)SCP-FSS-006 Special Proposal Instructions for Products and Services for Schedule 23V- Applies only to offers submitted under Schedule 23V-Automotive Superstore.The offeror must comply with all requirements under this provision. Offerors proposing both products and services must comply with the streamlined requirements of SCP-FSS-002 and SCP-FSS-003,as detailed above.Offers submitted under Schedule 70 are required to comply with the streamlined requirements of SCP-FSS-004 only,regardless of whether products and/or services are offered. (g)The following documentation requirements are completed directly through the eOffer application: (1)Active System for Award Management(SAM)registration verification, (2)Small Business Subcontracting Plan(if applicable), (3)Technical Proposal. The offeror must complete and upload the following documents to the eOffer application: (1)Previous FSS cancellations and rejections,pending offers for other Schedule contracts,and awarded Schedule contracts, (2)Agent Authorization Letter(if applicable), (3)Price Proposal Template. (h)Withdrawal of Offer;The offeror may withdraw its offer from consideration at any time prior to award or rejection by withdrawing it in eOffer.If an offer is withdrawn,a new offer can be resubmitted at a later date. Information saved from the previous withdrawn offer can be copied over to the new offer,excluding uploaded documents. (i)The streamlined proposal instructions in SCP-FSS-001-5 are common to all solicitations.Some Schedules and SINs have additional requirements specific to that particular Schedule or SIN.Please xxix FCIS-JB-980001-B Refresh: 41 Cover Page review the solicitation attachments"Read Me First"and/or"Critical Information"for specific Schedule or SIN requirements. 0)All offerors must comply with the following: (1)Section 1—Adm inistrative/Contract Data (i.)The offeror must be registered with the System for Award Management(SAM)at http;///www.sam,gov.The information provided must be current,accurate,and complete, and reflect the North American Industrial Classification System(NAICS)code(s)for this solicitation and the SINS proposed.SAM consolidates the information previously contained in the Central Contractor Registration(CCR),Excluded Parties List System (EPLS),and Online Representations and Certifications Application(ORCA)databases. (ii.)The offeror must provide the following,as applicable: (A)A copy of any cancellation letters received within the preceding two-year period for previously awarded Schedule contracts, (13)A copy of any rejection notices received within the preceding two-year period for previously submitted Schedule offers, (C)Information regarding any pending offers under other Schedules,to include the name and phone number of the assigned GSA contract specialist, (D) Information regarding any currently awarded GSA Schedule contracts,to include the awarded contract number and price list. (iii.)The offeror must prepare and submit a Small Business Subcontracting Plan,if applicable.The offeror is to complete the Small Business Subcontracting Plan module in eOffer if,pursuant to the applicable NAICS codes and size standards,the offeror is determined to be other than a small business concern for purposes of this solicitation. Large businesses,nonprofit organizations,and educational institutions are advised of the requirement to submit a Small Business Subcontracting Plan as detailed in clause 552.219-72 Preparation,Submission, and Negotiation oJSubcontracting Plans, incorporated by reference.The Government will review each plan to ensure it is consistent with the provisions of this clause. Subcontracting plans are subject to negotiation,along with the terms and conditions of any contract resulting from this solicitation.The offeror's subcontracting plan must be approved by the contracting officer prior to award. Failure to submit a Small Business Subcontracting Plan when required will result in the rejection of your offer. Note:GSA's subcontracting goals can be found at the following website: https://www.sba.gov/contracting/contracting-officials/goaling. (iv.)Unless otherwise requested,the offeror shall not submit brochures,newsletters,or other marketing materials. (v.)An Agent Authorization Letter must be completed and submitted as part of the offer if a consultant or third-party agent assisted in the preparation of the offer,will be involved in any part of the negotiation of the offer,or will be involved in any post-award actions.The template for the Agent Authorization Letter can be found as an attachment to the solicitation.The Agent Authorization Letter has both pre-and post-award delegations. For any resultant contract,the contractor is responsible for initiating a modification to ensure all authorized negotiators and delegations arc up-to-date(e.g.,removing an authorized negotiator that only has pre-award delegations). (2)Section II—Technical Proposal The two technical proposal factors are below.The offeror is required to address Quality Control. The submission of data in support of Past Performance is optional. (i.)Quality Control:The offeror must provide a narrative that addresses quality control. This narrative must address the following: xxx FCIS-JB-980001-B Refresh: 41 Cover Page (A)A description of internal review procedures that facilitate high-quality standards, (B)Identification of individuals responsible for ensuring quality control, (C)Whether or not subcontractors are used and,if so,the quality control measures used to ensure acceptable subcontractor performance, (D)Flow potential problem areas and solutions are handled, (E)The procedures for ensuring quality performance when meeting urgent requirements, (F)How quality control will be managed when completing multiple projects for multiple agencies simultaneously. (ii.)Past Performance:The offeror is not required to address this factor,as past performance will be evaluated based on existing information available to the contracting officer.The offeror may submit relevant past performance references if desired but is not required to.If submitting relevant past performance references please include point of contact information for each. (3)Section III-Price Proposal (i.)The offeror must submit proposed pricing using the attached Price Proposal Template. The Price Proposal Template MUST be submitted in Microsoft Office Excel format.The proposed pricing structure must be consistent with the offeror's commercial practices. (ii.)The offeror must propose a mechanism for future price adjustments,as detailed below: (A)If proposed pricing is based on a commercial price list,submit a copy of the company's current,dated price list,catalog,or standard rate sheet(note that this must be an existing,standalone document,and not prepared for purposes of this solicitation).Future price adjustments for pricing based on a commercial price list are subject to clause 552.216-70 Economic Price Adjustment- FSS Multiple Award Schedule Contracts. OR (B)If proposed pricing is based on commercial market prices,future price adjustments are subject to clause I-FSS-969 Economic Price Adjustment I•SS Multiple Award Schedule.The offeror must either propose a fixed annual escalation rate or identify a relevant market indicator(e.g.,the Bureau of Labor Statistics Employment Cost Index). (iii.)Travel will be handled in accordance with clause C-FSS-370 Contractor Tasks/Special Requirements.Costs for transportation,lodging,meals and incidental expenses are allowable subject to the limitations contained in the Federal Travel Regulations and/or Joint Travel Regulations.These costs should not be included in proposed prices,as they are to be coordinated at the order level. (k)Raising the Bar In an effort to raise standards under the FSS program,the following requirements have been highlighted in all solicitations and are relevant to this Schedule,as applicable: (1)AbilityOne Program Products The AbilityOnc Program is a Federal procurement program that generates jobs for individuals who are blind or have another significant disability.In order to distribute AbilityOne products,a vendor must be an authorized AbilityOne Program distributor as designated by the U.S. AbilityOne Commission. Certain commercial products are considered"essentially the same"(ETS)as AbilityOne products. xxxi FCIS-JB-980001•8 Refresh: 41 Cover Page Because AbilityOne products are mandatory purchases for Federal customers,the offeror is required to remove any E I-S items from its FSS proposal.This applies only to the following Schedules:73-I-ood Service,I lospitality,Cleaning Equipment and Supplies,Chemicals and Services;75-Office Products/Supplies and Services and New Products/Technology-,51 V -Hardware Superstore;and 70-General Purpose Commercial Information Technology Equipment,Software,and Services. For more information on the AbilityOne Program,ETS products,and becoming an authorized AbilityOne distributor,please visit www.abiliiyone.gov,or contact Mr.Eric Beale at ebealena,abilityone. ov/(703)603-2119. (2)Manufacturer Part Number and Universal Product Code Data Manufacturer Part Number(MPN)data must be submitted for all products.The offeror must ensure that the MPN for each proposed product reflects the actual number assigned.Universal Product Code"type A(UPC-A)data must also be submitted for all products for which this information is commercially available.If MPN(and UPC-A data,if commercially available)is submitted incorrectly or not submitted,the associated product may not be awarded. (3)Frustrated Freight(applicable only to overseas delivery) The offeror must maintain an order tracking system that permits ordering agencies to track the location of an order at any time,from the moment the order is shipped,to the point of delivery and acceptance.'fhe offeror must also demonstrate understanding of orders bound for an international end-point delivery by providing a sample electronic version of a label appropriately marked in accordance with the FED-STD-123 and MIL-STD-129 edition in effect as of the date of solicitation issuance.An offer for OCONUS delivery will not be accepted if the offer does not demonstrate a proper tracking system and provide a sample packaging label for international delivery. (4)Full-Product and Broad-Service Offerings The offeror must provide a full and broad array of proposed products/services.Offers will not be accepted with limited product/service offerings unless it represents a total solution for the proposed SINS. (5)Fair and Reasonable Pricing To determine fair and reasonable pricing,the GSA contracting officer may consider many factors, including pricing on competitor contracts,historical pricing,and currently available pricing in other venues.Offers that are not highly competitive will not be determined fair and reasonable and will not be accepted. Note: Regulation SCP-FSS-001-S This clause applies only to vendors participating in the TDR Pilot. i Begin Regulation 552.219-71 NOTICE TO OFFERORS OF SUBCONTRACTING PLAN REQUIREMENTS(JAN 2016) The General Services Administration(GSA)is committed to assuring that maximum practicable opportunity is provided to small,HUBLone small,small disadvantaged,and women-owned small business concerns to participate in the performance of this contract consistent with its cff icient performance.GSA expects any subcontracting plan submitted pursuant to FAR 52.219-9,Small Business Subcontracting Plan,to reflect this commitment.Consequently,an offeror,other than a small business concern,before being awarded a contract exceeding$700,000($1,500,000 for construction),must demonstrate that its subcontracting plan represents a creative and innovative program for involving small,HUBLone small,small disadvantaged,and women-owned,veteran-owned,and service-disabled veteran owned small business concerns as subcontractors in the performance of this contract. xxxii FCIS-JB-980001-8 Refresh: 41 Cover Page Note: Regulation 552.219-71 For clause 552.219-71,the thresholds have been increased to$700,000($1.5 Million for construction). Begin Regulation SCP-FSS-001-N INSTRUCTIONS APPLICABLE TO NEW OFFERORS(OCT 2015)(ALTERNATE I—MAR 2016) (a)Read the entire solicitation document prior to preparation of your offer. (b)Electronic submission of offers via GSA's eOffer web-based application(http://eOffer.gsa.gov)is mandatory. (c)Offers must be current,concise,and complete,and demonstrate a thorough understanding of solicitation requirements.By submission of an offer,the offeror attests that there have been no exceptions taken to the terms and conditions of this solicitation unless otherwise explicitly identified as required in eOffer(see"Exceptions to Terms and Conditions"under the Standard Response module). (d)If the offeror was previously awarded a Schedule contract that was cancelled or allowed to expire due to low or no sales,a new offer for the same Schedule will not be considered unless a minimum of 12 months have passed since the effective date of the cancellation or the expiration date of the previous contract. Any offer submitted prior to the completion of this 12-month period will be rejected. (e)By submission of an offer,the offeror attests that it understands and agrees to comply with the requirements of clause 552.238-74 Industrial Funding Fee and Sales Reporting. (f)In addition to full compliance with the requirements of this provision(SCP-FSS-001-N),the offeror must also comply with the following provisions,as applicable.Failure to comply with an applicable provision will result in rejection of the offer. Solicitation provisions and their applicability are detailed below: (1)SCP-FSS-002 Specific Proposal Submission Instructions for Services—Applies to all offers that propose services,with the exception of offers under Schedule 70. (2)SCP-FSS-003 Specific Proposal Submission Instructions for Products—Applies to all offers that propose products,with the exception of offers under Schedule 70. (3)SCP-FSS-004 Specific Proposal Submission Instructions for Schedule 70—Applies only to offers submitted under Schedule 70-General Purpose Commercial Information"technology Equipment,Software,and Services. (4)SCP-FSS-005 Special Proposal Instructions for Products for Schedule 751—Applies only to offers submitted under Schedule 751 -Leasing of Automobiles and Light"Trucks. (5)SCP-FSS-006 Special Proposal Instructions for Products and Services for Schedule 13V— Applies only to offers submitted under Schedule 23V-Automotive Superstore. Offerors proposing both products and services must comply with the requirements of SCP-FSS-002 and SCP-FSS-003.Offers submitted under Schedule 70 are required to comply with SCP-FSS-004 only. regardless of whether products and/or services are offered. (g)The following documents must be submitted by all offerors and are detailed in paragraph 0). See SCP-FSS-002,003,004,005,and 006,as applicable,for additional documents that are required based on specific product and service offerings. The following documentation requirements are completed directly through the eOffer application: xxxiii FCIS-JB-980001-B Refresh: 41 Cover Page (1)Pathway to Success training completion verification, (2)Active System for Award Management(SAM)registration verification, (3)Small Business Subcontracting Plan(if applicable), (4)Commercial Sales Practices(CSP)disclosure. The offeror must complete and upload the following documents to the eOffer application: (1)Readiness Assessment for Prospective Offerors, (2)Financial Statements, (3)Previous FSS program cancellations and rejections,pending offers for other Schedule contracts,and awarded Schedule contracts, (4)Agent Authorization Letter(if applicable), (5)Technical Proposal, (6)Price Proposal'template, (7)Supporting Pricing Documentation, (8)Price Narrative, (9)Commercial Price List or Market Rate Sheet(if applicable). (h)Withdrawal of Offer:The offeror may withdraw its offer from consideration at any time prior to award or rejection by withdrawing it in eOffer.If an offer is withdrawn,a new offer can be resubmitted at a later date. Information saved from the previous withdrawn offer can be copied over to the new offer,excluding uploaded documents. (i)The proposal instructions in SCP-FSS-001-N are common to all solicitations.Some Schedules and SINS have additional requirements specific to that particular Schedule or SIN. Please review the solicitation attachments"Read Me First"and/or"Critical Information"for specific Schedule or SIN requirements. 0)All offerors must comply with the following: (1)Section 1—Administrative/Contract Data i.A designated Authorized Negotiator who is also a company officer(i.e.,President, CEO,CFO,etc.)must complete(or have completed within one year of the date of offer submission)the Pathway to Success training.This free,web-based self-assessment is available through the Vendor Education Center(VEC),which can be accessed directly at https:Hgsafas.secure.force.com/MAS'I'rainingi lome or through the Vendor Support Center(http://vsc.gsa.gov)by selecting the"Education"tab and then"Pathway to Success."The training session is less than two hours total and covers the major factors vendors should consider prior to submitting an offer to GSA.eOffer will verify the name of the person that completed the Pathway to Success training and the date of completion. ii.The offeror must complete and submit the Readiness Assessment for Prospective Offerors.This free,web-based self-assessment is available through the Vendor Education Center(VEC),which can be accessed directly at https:Hgsafas.secure.force.com/MASTrainingliome or through the Vendor Support Center(http://vsc.gsa.gov)by selecting the"Education"tab and then"Vendor Toolbox (Readiness Assessment):'The Readiness Assessment must be completed by a company officer(i.e., President,CEO,CFO,etc.)and completed/dated within the past one-year period.This tool is designed to assist vendors in determining whether they are ready to pursue a Schedule contract and prepares them to navigate the Schedule proposal process. iii.The offeror must be registered with the System for Award Management(SAM)at http://www.sam.gov.The information provided must be current,accurate,and complete, and reflect the North American Industrial Classification System(NAILS)code(s)for this solicitation and the SINs proposed. SAM consolidates the information previously contained in the Central Contractor Registration(CCR),Excluded Parties List System xxxiv FCIS-JB-980001-B Refresh: 41 Cover Page (EPLS),and Online Representations and Certifications Application(ORCA)databases. iv.The offeror must provide the following,as applicable: (A)A copy of any cancellation letters received within the preceding two-year period for previously awarded Schedule contracts, (B)A copy of any rejection notices received within the preceding two-year period for previously submitted Schedule offers, (C)If a contract was previously awarded under THIS Schedule,and it was subsequently cancelled or allowed to expire due to low sales,a detailed description of the steps the offeror plans to take to generate sales through a new contract that includes the following: 1)A copy of the cancellation letter or notification of determination not to exercise an option, 2)Current Federal sales in excess of$25,000,as evidenced by copies of contractual documents that identify the Federal entity and the date and value of the product or services provided, 3)Demonstration that there is a reasonable expectation that any future award will comply with clause I-FSS-639 Contract Sales Criteria, 4)A marketing plan detailing the steps you plan to take to generate sales through a new GSA Schedule contract. (D)Information regarding any pending offers under other Schedules,to include the name and phone number of the assigned GSA contract specialist, (E)Information regarding any currently awarded GSA Schedule contracts,to include the awarded contract number and price list. v. In accordance with Federal Acquisition Regulation(FAR)9.103(a),contracts will only be awarded to responsible prospective contractors.To be determined responsible,an offeror must have adequate financial resources to perform the contract or the ability to obtain them.Note that 1.)submission of a GSA Form 527 does not meet the aforementioned requirements,and 2.)offerors are NOT to submit tax returns. (A)For offerors with more than two years of corporate experience,the Offeror must provide financial statements for the previous two-year period(audited,if available). At a minimum,each financial statement must consist of a balance sheet and income statement.GSA will use this information to determine financial responsibility. Provide an explanation for any negative financial information disclosed,including negative equity or income.Offerors may be required to provide letters of credit or other documentation to demonstrate that adequate financial resources are available. (B)For Offerors with less than two years of corporate experience,the Offeror shall submit any form of financial documentation that will prove financial responsibility. If no financial statements exist,the Contracting Officer,after offer submission,may request additional documentation. vi.The offeror must prepare and submit a Small Business Subcontracting Plan, if applicable.The offeror is to complete the Small Business Subcontracting Plan module in eOffer if,pursuant to the applicable NAICS codes and size standards,the offeror is determined to be other than a small business concern for purposes of this solicitation. Large businesses,nonprofit organizations,and educational institutions are advised of the requirement to submit a Small Business Subcontracting Plan as detailed in clause 552.219-72 Preparation,Submission, and Negotiation ojSubcontracting Plans, incorporated by reference.The Government will review each plan to ensure it is consistent with the provisions of this clause. Subcontracting plans are subject to xxxv FCIS-JB-980001-B Refresh. 41 Cover Page negotiation,along with the terms and conditions of any contract resulting from this solicitation.The offeror's subcontracting plan must be approved by the contracting officer ` prior to award.Failure to submit a Small Business Subcontracting Plan when required will result in the rejection of your offer. Note:GSA's subcontracting goals can be found at the following website: https://www.sba.gov/contractingicontracting-officials/ og aling. vii. Unless otherwise requested,the offeror shall not submit brochures,newsletters,or other marketing materials. viii.An Agent Authorization Letter must be completed and submitted as part of the offer if a consultant or third-party agent assisted in the preparation of the offer,will be involved in any part of the negotiation of the offer,or will be involved in any post-award actions.The template for the Agent Authorization Letter can be found as an attachment to the solicitation.The Agent Authorization Letter has both pre-and post-award delegations. For any resultant contract,the contractor is responsible for initiating a modification to ensure all authorized negotiators and delegations are up-to-date(e.g.,removing an authorized negotiator that only has pre-award delegations). (2)Section If—Technical Proposal The offeror must address the three technical proposal factors below. i.Factor One-Corporate Experience:The offeror must submit a narrative description of its corporate experience.This narrative cannot exceed two pages and must address the following: (A)The number of years of corporate experience in providing the products/services described under this Schedule,regardless of the specific products/services being proposed.Companies with less than two years of corporate experience shall submit the additional information: 1)Relevant corporate experience of key personnel; (a)Key personnel,proposed by the Contractor and accepted by the Contracting Officer during contract award,are expected to remain dedicated to the contract.The resume(s)of the initially proposed key personnel shall become the minimum requirement for qualifications for the duration of the total contract term. If the originally proposed key personnel change,the Contractor is required to substitute personnel with equal ability and qualifications and update resume(s)according.Such a change shall require approval from the Contracting Officer. 2)Resumes of key personnel;and 3)Organizational chart illustrating clear lines of authority. (B)Organization's number of employees,experience in the field,and resources available to enable it to fulfill requirements. (C)Brief history of the offeror's activities contributing to the development of expertise and capabilities related to this requirement. (D) Information that demonstrates the offeror's organizational and accounting controls. (E)A description of the resources presently in-house or the ability to acquire the type and kinds of personnel/products proposed. (F)A description of how the offeror intends to market the proposed xxxvi FCIS-JB-980001-8 Refresh: 41 Cover Page products/services to Federal clients. (G)A discussion regarding the intended use of subcontractors. ii.Factor Two-Past Performance:The offeror must order and obtain a Past Performance Evaluation from Open Ratings, Inc.(ORI).Offerors are responsible for payment to ORI for the Past Performance Evaluation. (A)Past Performance Evaluations are valid for a period of one year from the date of issuance by ORI. If the evaluation was issued more than one year prior to the date of proposal submission via eOffer,the proposal will be rejected. (B)"The order form must be completed with a minimum of six(6)customer references submitted. A"customer reference"is defined as a person or company that has purchased relevant products/services from the offeror.The offeror is advised to use references from projects involving products/services related to this solicitation and/or those performed under NAICS code(s)applicable to proposed products/services. (C)The offeror must submit one(1)copy of the completed Past Performance Evaluation and one(1)copy of the order form with its proposal. Failure to submit the completed evaluation and order form will result in rejection of the proposal. (D)The offeror must address any negative feedback for each of the feedback categories contained in the ORI report,to include actions taken to minimize the problems that resulted in negative feedback. iii. Factor Three-Quality Control:The offeror is to submit a single narrative for this factor,regardless of the number of products/services offered.This narrative cannot exceed two(2)pages and must address the following: (A)A description of internal review procedures that facilitate high-quality standards, (B)Identification of individuals responsible for ensuring quality control, (C)Whether or not subcontractors are used and,if so,the quality control measures used to ensure acceptable subcontractor performance, (D)I low potential problem areas and solutions are handled, (E)The procedures for ensuring quality performance when meeting urgent requirements, (F)How quality control will be managed when completing multiple projects for multiple agencies simultaneously. (3)Section III—Price Proposal i.GSA's pricing goal is to obtain equal to or better than the offeror's Most Favored Customer(MFC)pricing under the same or similar terms and conditions.GSA seeks to obtain the offeror's best price based on its evaluation of discounts,terms,conditions,and concessions offered to commercial customers.However,offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted.The U.S.Government Accountability Office has specifically recommended that"the price analysis GSA does to establish the Government's MAS negotiation objective should start with the best discount given to any of the vendor's customers." ii.Submit proposed pricing using the attached Price Proposal Template.The Price Proposal Template MUST be submitted in Microsoft Office Excel format.The proposed pricing structure must be consistent with the offeror's commercial practices.Pricing must xxxvii FCIS-JB-980001-B Refresh: 41 Cover Page be clearly identified as based either on a"Commercial Price List"or a"Commercial Market Price,"as defined in FAR 2.101 (see"Catalog Price"and"Market Prices"under I the definition of"Commercial Item"). (A)If the MFC is a Federal agency,but sales exist to commercial customers, identify which, if any,of the commercial customers receive the offeror's best price. This will allow the Government to establish a"basis of award"customer in accordance with paragraph(a)of clause 552.238-75 Price Reductions. (B)Proposed prices must include the 0.75%Industrial Funding Fee(IFF)(see contract clause 552.238-74 Industrial Funding Fee and Sales Reporting).This fee will be included in the awarded prices and reflected in the total amount charged to ordering activities. iii. Provide supporting documentation for EACH proposed product/service price. Supporting pricing documentation may consist of published and publicly-available commercial catalogs/price lists,copies of invoices,contracts,quote sheets,etc.,and must be submitted with the offer.There must be a clear and relevant relationship between the supporting document and the proposed price it is meant to substantiate.Each supporting document must be clearly labeled with the name of the corresponding proposed product/service. iv.The offeror must submit a detailed price narrative containing sufficient information for each of the products/services offered to enable the contracting officer to determine that offered prices are fair and reasonable.For example, if a price offered to GSA is not equal to or better than the price offered to the offeror's designated Most Favored Customer,the narrative must explain the rationale for proposing such a price in a manner sufficient to enable the contracting officer to determine that the rate is fair and reasonable.Any deviation from the offeror's commercial sales practices must be explained, including the specific circumstances and frequency of the deviations. The offeror must also propose a mechanism for future price adjustments,as detailed below: (A)If pricing proposed in the Price Proposal Template is based on a commercial price list,submit a copy of the company's current,dated price list,catalog,or standard rate sheet(note that this must be an existing,standalone document,and not prepared for purposes of this solicitation).Future price adjustments for pricing based on a commercial price list are subject to clause 552.216-70 Economic Price Adjustment—Multiple Award Schedule Contracts. OR (B)If pricing proposed in the Price Proposal Template is based on commercial market prices,future price adjustments are subject to clause I-FSS-969 Economic Price Adjustment—FSS Multiple Award Schedule.The offeror must either propose a fixed annual escalation rate or identify a relevant market indicator(e.g.,the Bureau of Labor Statistics Employment Cost Index). v.Travel will be handled in accordance with clause C-FSS-370 Contractor Tasks/Special Requirements.Costs for transportation,lodging,meals and incidental expenses are allowable subject to the Iimitations contained in the Federal Travel Regulations and/or Joint Travel Regulations.These costs should not be included in proposed prices,as they are to be coordinated at the order level. vi.Complete the Commercial Sales Practices Format(CSP-1) in eOffer in accordance with instructions provided. Provide a rationale for the given estimate of GSA contract annual sales. (k)Raising the Bar In an effort to raise standards under the FSS program,the following requirements have been highlighted xxxviii FCIS-JB-980001-B Refresh: 41 Cover Page in all solicitations and are relevant to this Schedule,as applicable: (1)AbilityOne Program Products The AbilityOne Program is a Federal procurement program that generates jobs for individuals who are blind or have another significant disability. In order to distribute AbilityOne products,a vendor must be an authorized AbilityOne Program distributor as designated by the U.S. AbilityOne Commission. Certain commercial products are considered"essentially the same"(ETS)as AbilityOne products. Because AbilityOne products are mandatory purchases for Federal customers,the offeror is required to remove any ETS items from its FSS proposal.This applies only to the following Schedules:73-Food Service, Hospitality,Cleaning Equipment and Supplies,Chemicals and Services;75-Office Products/Supplies and Services and New Products/Technology;51 V- Hardware Superstore;and 70-General Purpose Commercial Information Technology Equipment,Software,and Services. For more information on the AbilityOne Program, ETS products,and becoming an authorized AbilityOne distributor,please visit www.abilityone.gov,or contact Mr.Eric Beale at ebeale@abilityone.gov/(703)603-2119. (2)Manufacturer Part Number and Universal Product Code Data Manufacturer Part Number(MPN)data must be submitted for all products.The offeror must ensure that the MPN for each proposed product reflects the actual number assigned.Universal Product Code Type A(UPC-A)data must also be submitted for all products for which this information is commercially available. If MPN(and UPC-A data,if commercially available)is submitted incorrectly or not submitted,the associated product may not be awarded. (3) Frustrated Freight(applicable only to overseas delivery) The offeror must maintain an order tracking system that permits ordering agencies to track the location of an order at any time,from the moment the order is shipped,to the point of delivery and acceptance.The offeror must also demonstrate understanding of orders bound for an international end-point delivery by providing a sample electronic version of a label appropriately marked in accordance with the FED-STD-123 and MIL-STD-129 edition in effect as of the date of solicitation issuance. An offer for OCONUS delivery will not be accepted if the offer does not demonstrate a proper tracking system and provide a sample packaging label for international delivery. (4)Full-Product and Broad-Service Offerings The offeror must provide a full and broad array of proposed products/services.An offer will not be accepted with limited product/service offerings unless it represents a total solution for the proposed SINS. (5)Fair and Reasonable Pricing To determine fair and reasonable pricing,the GSA contracting officer may consider many factors, including pricing on competitor contracts,historical pricing,and currently available pricing in other venues.Offers that propose Most Favored Customer pricing but are not highly competitive will not be determined fair and reasonable and will not be accepted. Note: Regulation SCP-FSS-001-N 1 This provision does NOT apply to vendors participating in the TDR Pilot. Begin Regulation xxxix FCIS-JB-980001-B Refresh: 41 Cover Page SCP-FSS-004 SPECIFIC PROPOSAL INSTRUCTIONS FOR SCHEDULE 70(SEP 2016) (a)Read the entire solicitation document prior to preparation of an offer. (b)CRITICAL INFORMATION-See attachment"Critical Information Specific to Schedule 70." Thoroughly read the attachment for additional information,requirements,and terms and conditions specific to Schedule 70. (c)The Offeror must comply with the instructions outlined in either SCP-FSS-001-N Instructions Applicable to New Offerors(Alternate 1—MAR 2016)or SCP-FSS-001-S Instructions Applicable to Successful FSS Program Contractors,as applicable. (d)Offerors submitting an offer under Schedule 70 must also comply with the following: I Section 1 Administrative/Contract Data (1)All proposed products must comply with the Trade Agreements Act(TAA). It is the responsibility of the Offeror to determine TAA compliance. When an item consists of components from various countries and the components are assembled in an additional country, the test to determine country of origin is"substantial transformation"(reference FAR 25.001(c)(2))).The Offeror may also request an opinion from a third-party expert or make the determination itself.Offerors can go to The Office of Regulations and Rulings within U.S. Customs and Border Protection(CBP),which is the Federal agency responsible for making final substantial transformation determinations(reference 19 CFR Part 177 Subpart B).CBP's determinations or opinions are based upon tariff laws.The Internet address for CBP is: https://www,cbp,gov/.The Offeror should keep this requirement in mind when completing the TAA certification section of its SAM registration. When evaluating offers,the contracting officer will rely on the representations and certifications of the Offeror and will not make substantial transformation determinations. (2)If the Offeror is not the manufacturer of the product(s)being proposed,an acceptable Letter of Commitment/Supply must be provided.See clause I-FSS-644 Dealers and Suppliers in the Basic Solicitation and the letter requirements.Failure to provide acceptable Letters of Commitment/Supply may result in rejection of the offer.See Letter of Supply Template for required language. (3)If offering END USER LICENSE AGREEMENTS(EULAs),TERMS OF SERVICE(TOS) AGREEMENTS FOR SOFTWARE USE,AND/OR OTHER AGREEMENTS—Often ordering activities will decline to place an order because of Federally non-compliant terms(e.g.,customer indemnification).This results in a loss of business for the Schedule holder.In order to facilitate GSA's review and negotiation of each individual set of terms for compliance with Federal law, the Offeror is required to submit its EULA or TOS Agreement in an editable format,and preferably with the Federally non-compliant terms and conditions already removed. Such submissions may help GSA avoid delays in reviewing and negotiating each individual agreement. "Clickwrap"submissions or links to agreements are not acceptable.The Offeror must clearly define what additional products,services,and prices are included with its FULA,TOS Agreement,and other Agreements. II Section H Technical Proposal: The Offeror must address the following technical factor as described below: (1)FACTOR 1:Corporate Experience:See SCP-FSS-001-N (2)FACTOR 2: Past Performance:See SCP-FSS-00l-N (3)FACTOR 3:Quality Control:See SCP-FSS-001-N (4)FACTOR 4:Relevant Project Experience:The Offeror must submit a narrative demonstrating relevant project experience.A narrative is required for each proposed total solution or service SIN,(this includes,but is not limited to,SIN 132-51 -Information Technology Professional A FCIS-JB-980001-B Refresh: 41 Cover Page Services,SIN 132-45A Penetration Testing,SIN 132-45B Incident Response,SIN 132-45C Cyber Hunt,SIN 132-45D Risk and Vulnerability Assessment,SIN 132-56—Health Information Technology Services and SIN 132-60f-Identity and Access Management Professional Services). The narrative must include the following: (i)The narrative must include a description of three(3)relevant projects,not to exceed four(4)pages per project.Each description must clearly indicate the SIN to which it applies,and identify the specific services being proposed under that SIN.For companies with less than two years of corporate experience,Offeror shall submit relevant projects of key personnel. Each project description must also address the following elements: (A)Detailed description of SIN-relevant work performed and results achieved. (B)Methodology,tools,and/or processes utilized in performing the work. (C)Demonstration of compliance with any applicable laws,regulations,Executive Orders,OMB Circulars,professional standards,etc. (D)Project schedule(i.e.,major milestones,tasks,deliverables),including an explanation of any delays. (E)How the work performed is similar in scope and complexity to the work solicited under the proposed SIN. (F)Demonstration of required specific experience and/or special qualifications detailed under the proposed SIN. The Offeror may use the same project in support of more than one SIN as long as the description clearly identifies the SIN-relevant work. All examples of completed services must have been deemed acceptable by the customer. (ii)The following SINS have additional requirements that shall be addressed in the Relevant Project Experience narrative: (A)SIN 132-54 Commercial Satellite Communications(COMSATCOM),SIN 132-55 Commercial Satellite Communications(COMSATCOM)Subscription Services,and SIN 132-56 Health Information Technology Services. (1)Address requirements in CI-FSS-152-N Additional Evaluation Factors for New Offerors Under Schedule 70 or CI-FSS-152-5 Additional Evaluation Factors for Successful FSS Program Contractors Under Schedule 70. (2)Address requirements in CI-FSS-055 Commercial Satellite Communication(COMSATCOM)Services. (B)SINs 132-60A— 132-60F Identity,Credential and Access Management (ICAM). (1)Address requirements in CI-FSS-152-N Additional Evaluation Factors for New Offerors Under Schedule 70 or CI-FSS-152-S Additional Evaluation Factors for Successful FSS Program Contractors Under Schedule 70. (2)Address requirements in CI-FSS-052 Authentication of Products and Services. (C)SIN 132-50 Training-The narrative must include the following: (1)Course names,brief description,length of course,type of training,location (on or off customer site)and any other pertinent details to the training offered. xli FCIS-JB-980001-B Refresh: 41 Cover Page (2)If other than the manufacturer,submit proof of authorization to provide training course(s)for manufacturer's software and/or hardware products. 'Note that commercially available products under this solicitation may be covered by the Energy Star or Electronic Product Environmental Assessment "Fool(EPEAT)programs. For applicable products,offerors are encouraged to offer Energy Star-qualified products and EPEAT-registered products,at the Bronze level or higher. If offerors opt to offer Energy Star or Electronic Product Environmental Assessment"fool(EPEAT)products then they shall identify by model which products offered are Energy Star-qualified and EPEAT-registered,broken out by registration level of bronze,silver,or gold. (D)SIN 132-56 Health Information Technology Services (/)Address requirements in CI-FSS-152-N Additional Evaluation Factors for New Offerors Under Schedule 70 or CI-FSS-152-5 Additional Evaluation Factors for Successful FSS Program Contractors Under Schedule 70 (5)factor 5:ORAI.TI;CI INICAL EVALUATION: (i)This evaluation factor is for offerors proposing services under SIN 132-45A Penetration Testing,SIN 132-45B Incident Response,SIN 132-45C Cyber Hunt,and/or SIN 132-45D Risk and Vulnerability Assessments. (A) 132—45 Penetration Testing Expected tasks within the scope of this SIN include but are not limited to: •Conducting and/or supporting authorized penetration testing on enterprise network assets •Analyzing site/enterprise Computer Network Defense policies and configurations and evaluate compliance with regulations and enterprise directives •Assisting with the selection of cost-effective security controls to mitigate risk(e.g.,protection of information,systems,and processes) (B) 132-45B Incident Response Expected tasks within the scope of this SIN include but are not limited to: •Collect intrusion artifacts(e.g.,source code,malware,and trojans)and use discovered data to enable mitigation of potential Computer Network Defense incidents within the enterprise • Perform command and control functions in response to incidents •Correlate incident data to identify specific vulnerabilities and make recommendations that enable expeditious remediation (C) 132-45C Cyber Hunt Expected tasks within the scope of this SIN include but are not limited to: •Collecting intrusion artifacts(e.g.,source code,malware,and trojans)and use discovered data to enable mitigation of potential Computer Network Defense incidents within the enterprise •Coordinating with and provide expert technical support to enterprise-wide Computer Network Defense technicians to resolve Computer Network xlii FCIS-JB-980001-B Refresh: 41 Cover Page Defense incidents �1 •Correlating incident data to identify specific vulnerabilities and make recommendations that enable expeditious remediation (D) 132-45D Risk and Vulnerability Assessments(RVA) At a minimum offerors who would like to be considered for this SIN must offer the following services: •Network Mapping-consists of identifying assets on an agreed upon IP address space or network range(s). •Vulnerability Scanning-comprehensively identifies IT vulnerabilities associated with agency systems that are potentially exploitable by attackers. •Phishing Assessment-includes activities to evaluate the level of awareness of the agency workforce with regard to digital form of social engineering that uses authentic looking,but bogus,emails request information from users or direct them to a fake Website that requests information. Phishing assessments can include scanning,testing,or both and can be conducted as a one-time event or as part of a larger campaign to be conducted over several months. • Wireless Assessment-includes wireless access point(WAP)detection, penetration testing or both and is performed while onsite at a customer's facility. • Web Application Assessment- includes scanning,testing or both of outward facing web applications for defects in Web service implementation may lead to exploitable vulnerabilities.Provide report on how to implement Web services securely and that traditional network security tools and techniques are used to limit access to the Web Service to only those networks and systems that should have legitimate access. •Operating System Security Assessment(OSSA)-assesses the configuration of select host operating systems(OS)against standardized configuration baselines. • Database Assessment-assesses the configuration of selected databases against configuration baselines in order to identify potential misconfigurations and/or database vulnerabilities. •SIN 132-45A-Penetration Testing-conducting and/or supporting authorized Penetration Testing on enterprise network assets. (ii)ORAL'TECHNICAL EVALUATION OVERVIEW:Offeror shall participate in an oral technical evaluation that will be conducted by a Technical Evaluation Board(TEB). The oral technical evaluation will be held at the unclassified level and will be scheduled by the TEB.The oral technical evaluation will be used to assess the offeror's capability to successfully perform the services within the scope of each SIN as set forth in this solicitation. Offeror/Contractor shall review Factor 5 Oral Technical Evaluation Procedure in SCP-FSS-004 section(d)(11)(5)(iii)to this solicitation for details on the knowledge areas to be assessed in the evaluation and the criteria for a`Acceptable'or`Unacceptable' rating under this factor. (A)ORAL TECHNICAL EVALUATION CONSTRAINTS:The offeror shall identify up to five key personnel,by name and association with the offeror,who will field questions during the oral technical evaluation.After opening remarks by the TEB,the offeror will respond to a series of questions and scenarios in 40 minutes per SIN.The evaluation will be stopped precisely after 40 minutes.The Xiiii FCIS-JB-980001-B Refresh: 41 Cover Page total evaluation session is expected to up to three(3)hours,depending on the number of SINs the offeror is proposing.The TEB Chairperson will be responsible for ensuring the schedule is met and that all offerors are given the same opportunity to present and answer questions. (B)ORAL TECHNICAL EVALUATION SCHEDULING:The TEB will contact the offeror's authorized negotiator or the signatory of the SF 1449 via email to schedule the oral technical evaluation.Evaluation time slots will be assigned on a first-come-first-served basis.The Government reserves the right to reschedule any offeror's oral technical evaluation at its sole discretion.The oral technical evaluation will be held at facilities designated by the TEB.The exact location, seating capacity,and any other relevant information will be provided when the evaluations are scheduled.The government may make accommodations for vendors to participate in the oral evaluations virtually, if they are unable to participate in-person. (C)PROHIBITION OF ELECTRONIC RECORDING OF THE ORAL TECHNICAL EVALUATION:The offeror may not record or transmit any of the oral evaluation process.All offeror's electronic devices shall be removed from the room during the evaluation.The offeror is permitted to have a timer in the room during the evaluation,provided by the TEB. (D)RESUBMISSION RESTRICfIONS FOR UNSUCCESSFUL VENDORS UNDER THIS EVALUATION FACTOR:Offeror,whom the TEB has found to have not met the"acceptable"criteria under this evaluation factor shall be given one(1)opportunity to provide clarifications to the TEB.The offeror will have 24 hours from the time of the notice from the TEB to provide clarifications.Offerors, who have provided clarifications and still have not met the"acceptable"criteria, shall be rejected and shall be ineligible to re-submit proposals to participate in the SIN for which they were rejected for a period of six(6)months following the date of rejection. (iii)Oral Technical Evaluation Procedure The offeror will be evaluated on their knowledge of the proposed services. The oral technical evaluation will require the offeror to respond to a specific scenario and general questions to assess the offeror's expertise.The competencies,criteria and evaluation minimums for the questions are below: (A)SIN 132-45 A-Penetration Test Evaluation Overview- As part of the oral evaluation,the offeror will respond to a scenario to demonstrate their level of competency as it relates to the performance of penetration activities which typically include reconnaissance,scanning and enumeration,exploitation,and pivoting. i Competency: Reconnaissance(Passive&Active) (1)Criteria:Passive Reconnaissance Minimums in responding to the scenario: (a)The offeror must state at least three Tactics,Techniques,& Procedures(TTPs)used for conducting passive reconnaissance. (2)Criteria:Active Reconnaissance Minimums in responding to the scenario: (a)The offeror must state at least two Tactics,Techniques,& Procedures(TTPs)used for conducting active reconnaissance. ii Competency:Scanning and Enumeration (1)Criteria: Scanning Methodology Minimums in responding to the scenario: AV FCIS-JB-980001-B Refresh: 41 Cover Page (a)The offeror must clearly explain in detail their overall scanning methodology for detecting live systems and identifying existing vulnerabilities to be exploited.The offeror must demonstrate they have a structured and ordered approach. (2)Criteria:Identify Preferred Tools Minimums in responding to the scenario: The offeror should speak to a few tools used in scanning and enumeration ofsystems and vulnerabilities.The offeror must identify at least three(3)tools. iii Competency:Exploitation (1)Criteria:Delivery Instal lation/Modiflcation,Execution of Attack Minimums in responding to the scenario: (a)The offeror must clearly explain some of the techniques used to exploit vulnerabilities. The offeror must identify at least four (4)techniques. (2)Criteria:Methods for bypassing F/W,AV,IDS/NIDS,IPS,etc. Minimums in responding to the scenario: (a)The offeror must clearly explain some of the techniques used to bypass defense-in-depth technologies. The offeror must identify at least three(3)techniques. (3)Criteria:Offeror's Capability to develop their own custom exploits Minimums in responding to the scenario: (a)The offeror must clearly explain some of the programming languages used to develop custom exploits. The offeror must identify at least two(2)programming languages. (4)Criteria:Offeror Preferred Tools Minimums in responding to the scenario: (a)The offeror should speak to a few tools used when exploiting vulnerabilities. The offeror should identify at least four(4) tools. iv Competency:Pivoting (1)Criteria:Further your access Minimums in responding to the scenario: (a)The offeror should speak to a few techniques and procedures used when pivoting to further access. The offeror must identify at least three(3)techniques and procedures. (2)Criteria:Methods used to establish and maintain command and control mechanisms e.g.advanced persistent testing(APT)Minimums in responding to the scenario: (a)The offeror should speak to a few techniques and procedures used when pivoting to main access and control of the victim's system. The offeror must identify at least two(2)techniques and procedures. (3)Criteria:Offeror Preferred Tools Minimums in responding to the AV FCIS-JB-980001-B Refresh. 41 Cover Page scenario: (a)The offeror should speak to a few tools used when pivoting to maintain and escalate control. The offeror may identify at least three(3)tools. (B)SIN 132-45 B-Incident Response Evaluation Overview-As part of the oral evaluation,the offeror will respond to a scenario to demonstrate their level of competency as it relates to the performance of incident response activities which typically include preparation,identification,containment,eradication,recovery, and lessons learned. i Competency:Preparation (1)Criteria: Preparation Minimums in responding to the scenario: (a)The offeror must state at least two(2)communication and coordination mechanisms that should be implemented. ii Competency:Detection and Analysis (1)Criteria: Detection&Analysis Minimums in responding to the scenario: (a)The offeror must state at least two(2)items leveraged in the detection of an indicator of compromise. iii Criteria:Incident Prioritization Minimums in responding to the scenario: (1)The offeror must state at least two(2)approaches for analyzing and prioritizing incidents. iv Competency:Containment and Remediation (/)Criteria:Containment Minimums in responding to the scenario: (a)The offeror must clearly explain appropriate containment methods. The offeror must identify at least three(3)methods. v Criteria:Eradication Minimums in responding to the scenario: (1)The offeror must clearly explain some of the methods used to eradicate an incident. The offeror must identify at least two(2) eradication methods. vi Criteria: Recovery/Remediation Minimums in responding to the scenario: (1)The offeror must clearly explain some remediation elements to restore normal operations. The offeror must identify at least three(3) remediation elements. vii Competency:Post-Incident Support (1)Criteria:Follow-Up Actions Minimums in responding to the scenario: _ (a)The offeror should speak to types of post-incident activities that are performed.The offeror must identify at least two(2) activities. viii Criteria:Lessons Learned Minimums in responding to the scenario: xlvi FCIS-JB-980001-6 Refresh: 41 Cover Page (/)The offeror should speak to a few lessons learned discussion questions during a post-incident review. The offeror must identify at least two(2)lessons teamed discussion points. (C)SIN 13245 C-Cyber Hunt Evaluation Overview-As part of the oral evaluation,the offeror will respond to a scenario to demonstrate their level of competency as it relates to the performance of Cyber Hunt activities which typically include,Creating a Hypothesis,Investigating via Tools&Techniques, Uncovering New Patterns and Tactics,Techniques,&Procedures(TTPs)and Informing&Enriching Analytics. i Competency:Hypothesis Creation/Generation (/)Criteria:Hypothesis Creation/Generation Minimums in responding to the scenario: (a)The offeror must clearly explain in detail their process for developing hypotheses.The Hypothesis Creation/Generation Hunting Maturity(HM)Levels will be used to assess the offerors HM level.The offeror must exceed the"HMO Initial" level. ii Competency:Tools&Techniques for Hypothesis Testing (/)Criteria:Tools&Techniques for Hypothesis Testing Minimums in responding to the scenario: (a)The offeror must clearly explain in detail how they utilize their tools and techniques to address their hypotheses.The Tools &Techniques for Hypothesis Testing Hunting Maturity(HM) �} Levels will be used to assess the offeroes HM level.The offeror must exceed the"HMO Initial'level. iii Competency:Pattern and Tactics,Techniques,&Procedures(TTPs) Detection (/)Criteria:Pattern and Tactics,Techniques,&Procedures(TTPs) Detection Minimums in responding to the scenario: (a)]'he offeror must clearly explain in detail how they identify IoC patterns and Tactics,Techniques,&Procedures(ITPs)that were discovered in hypotheses testing.The Pattern&Tactics, Techniques and Procedures(TTPs)Detection Hunting Maturity (HM)Levels will be used to assess the offeror's HM level.The offeror must exceed the"HMO Initial'level. iv Competency:Analytics Automation (/)Criteria:Analytics Automation Minimums in responding to the scenario: (a)The offeror must clearly explain in detail techniques for developing analytics automation processes and procedures.The Analytics Automation Hunting Maturity(HM)Levels will be used to assess the offeroes HM level.The offeror must exceed the"HMO Initial'level. (D)SIN 132-45 D-Risk and Vulnerability Assessment Evaluation Overview- As part of the oral evaluation,the offeror will respond to a scenario to demonstrate their level of competency as it relates to the performance of the RVA process which includes;Pre-Assessment/Planning Phase,Testing/Assessment Phase and Post-Assessment Phase. xlvii FCIS-JB-980001-B Refresh: 41 Cover Page i Competency: Pre-Assessment/Planning Phase (1)Criteria:Preliminary Activities Minimums in responding to the scenario: (a)The offeror must clearly explain in detail their overall preliminary activities prior to conducting RVA. The offeror must demonstrate they have a structured and ordered approach. ii Competency:Testing/Assessment Phase (1)Criteria:Assessment Activities Minimums in responding to the scenario: (a)The offeror must clearly explain in detail their overall activities for conducting RVA.The offeror must demonstrate that they have a structured and ordered approach. (2)Criteria:RVA Service Catalog Minimums in responding to the scenario: (a)The offeror must clearly explain in detail the specific services that they provide for conducting RVA. The offeror must provide all of the services listed below: • Network Mapping • Vulnerability Scans �. • Penetration Testing • Phishing Assessment • Wireless Assessment • Web Application Assessment • Operating System Security Assessment • Database Assessment (3)Criteria:Assessment"fools Minimums in responding to the scenario: (a)The offeror must clearly explain in detail the specific assessment tools that they utilize for conducting RVA. iii Competency:Post Assessment Phase (1)Criteria:Final Report Minimums in responding to the scenario: (a)The offeror must clearly explain in detail the final reporting process that they utilize for conducting RVA. iv Address requirements in Cl-l-SS-152-N Additional Evaluation Factors for New Offerors Under Schedule 70 or CI-FSS-152-S Additional Evaluation �- Factors for Successful FSS Program Contractors Under Schedule 70 (iv)Oral Technical Evaluation Criteria The offeror's responses to the government's questions during the oral technical xlviii FCIS-JB-980001-B Refresh: 41 Cover Page evaluation session shall be used to determine whether the Offeror has the requisite experience and expertise to perform tasks expected to be performed within the scope of these SINS.Each oral technical proposal will be evaluated and rated on an acceptable/unacceptable basis.The rating definitions provided below will be used for the evaluation of the offeror's responses to questions during the oral evaluation. TECHNICAL RATINGS Rating Definition Acceptable The proposal clearly meets the minimum requirements of the solicitation. Unacceptable The proposal does not clearly meet the minimum requirements of the solicitation. III Section III-Price Proposal The Offeror must address additional pricing requirements as described below: (i)The Offcror must address additional pricing requirements below as described below: The offeror has the option to propose separate rates for"domestic"versus"overseas" and/or"customer facility"versus"contractor facility"if there are variations in costs that depend on where the work is performed.Rates proposed in this manner must be clearly labeled as such. (A)[-or each proposed labor category,the offeror must provide a detailed position description.Position descriptions are to be uploaded to eOffer,and must include functional responsibilities,minimum years of experience,minimum educational/degree requirements,and any applicable training or certification ' requirements. If it is the offeror's standard commercial practice to substitute experience for education,explain the methodology in use(e.g.,five years of experience equates to a BA/BS degree).Once the contract is awarded,these descriptions will become part of the Authorized Federal Supply Schedule Price List. It is the responsibility of the Offeror to post the approved descriptions to GSA Advantage%. (B)Proposed prices for services must represent fully-burdened rates inclusive of all cost factors(e.g.,direct labor,indirect labor,G&A,profit,and IFF).(See Proposal Price Template—Labor Categories spreadsheet tab.) (ii)The Offeror must submit a Professional Compensation Plan in accordance with clause 52.222-46 Evaluation of Compensation for Professional Employees.Submission of the general compensation practices printed in the offeror's employee handbook is often sufficient.Individual compensation disclosure(by Employee Name)is not required. (iii)The Offeror must submit a copy of its policy that addresses uncompensated overtime, in accordance with clause 52.237-10 Identification of Uncompensated Overtime. (iv)The Offeror must submit a copy of its proposed Authorized Federal Supply Schedule Pricelist for the General Purpose Commercial Information Technology,Equipment, Software and Services Schedule(see clause I-FSS-600 Contract Price Lists. (v.)Service Contract Act:Applicable to this solicitation(Service Contract Act 52.222-41, and related clauses 52.222-42,52.222-43,and 52.222-49). (A)The Service Contract Act(SCA)applies to all nonprofessional services to be "� provided under this Schedule except for any pricing offered for services outside of the United States.The SCA index of applicable wage determinations for this solicitation and resultant contract are shown in FedBizOpps document, "SCA Index of Wage Determinations."The full-text version of each wage determination can be viewed at https://www.wdol.gov.Some of the proposed labor categories may be AN FCIS-JB-980001-B Refresh: 41 Cover Page subject to the SCA(usually nonprofessional categories).As such,the offeror should verify that its proposed base rates and fringe benefit rates for these labor �. categories meet or exceed the SCA wage determination rates and fringe benefits for the areas included in the geographic scope of the contract(i.e.,nationwide);the offeror will be required to comply with applicable SCA wage determination rates and fringe benefits regardless of the price proposed and awarded on any resultant Schedule contract.The offeror may be required to submit supporting documentation for the proposed rates that will allow the contracting officer to conduct cost analysis to determine that offered prices are fair and reasonable. (B)Schedule contractors must comply with the base rate and fringe benefit rate requirements of the prevailing rate SCA Wage Determination(WD)Revision Number currently incorporated into the GSA Schedule contract.No prevailing rate WD may be incorporated into a task order as the order may then be in conflict with the Schedule contract terms and conditions.However,WDs based on collective bargaining agreements(CBAs)may be incorporated into a task order if the task order is found to be a successor contract as used in FAR Subpart 22.10;a CBA WD would be applicable only to the task order it is incorporated into and no other orders under that Schedule contract. (C)In the price proposal, indicate which proposed labor categories are subject to the SCA by placing a double asterisk(**)next to the labor category name. (D)The following paragraph is meant to be instructive and NOT to be copied as pan of proposed Schedule pricing: For all the offeror's identified SCA-eligible labor categories,map them to the SCA-equivalent labor category title(titles/descriptions available at httos://www.wdol.gov-click on the"library"link,then download the SCA Directory of Occupations,5thl-dition).Also identify the WD#that the labor categories in your offer are predicated on.Note that the applicable revision number for any Wage Determination number is the revision number identified in the solicitation index of wage determinations. (E)There are two possible strategies for determining price adjustments under SCA-eligible labor categories.All price adjustments under SCA-eligible labor categories shall be in accordance with clause 52.222-43. 52.222-43 Fair Labor Standards Act and Service Contract Act Price Adjustment (Multiple Year and Option Contracts).Price adjustments for SCA-applicable labor categories shall be in accordance with clause 52.222-43 Fair Labor Standards Act and Service Contract Act Price Adjustment(Multiple Year and Option Contracts). When a modification is issued to all contract holders incorporating a revised index of wage determinations,contractors shall notify the contracting officer of any increase/decrease claimed under clause 52.222-43 within 30 calendar days after receipt of the modification. In addition to clause 52.222-43,one of the following two methods of escalation will be awarded. Method 1:An escalation method is negotiated prior to award in accordance with the clause I-FSS-969 Economic Price Adjustment-FSS Multiple Award Schedule, utilizing any of the methods available in the solicitation under that clause. OR Method 2: When the offered prices are based upon a commercial price list,only revisions in the commercial price list will enable the contractor to revise Schedule contract prices. Schedule contract price increases will be allowed only in accordance with clause 552.216-70 Economic Price Adjustment-FSS Multiple Award Schedule Contracts. I FCIS-JB-980001-B Refresh: 41 Cover Page Regardless of the method used,the contractor must ensure that within 30 calendar days after the effective date of any contract modification to revise pricing based on changes in the applicable wage determination(s),the contractor's electronic catalog is updated on GSA Advantage!& Note 1: The contractor will not automatically be allowed an increase in prices based solely on new wage determinations. Note 2: Reference Code of Federal Regulations,Title 29,Labor,Subtitle A Office of the Secretary of Labor, Part 4 Labor Standards for Federal Service Contracts, Subpart D Compensation Standards,paragraph 4.161 Minimum monetary wages under contracts exceeding$2,500,which states:"No change in the obligation of the contractor or subcontractor with respect to minimum wages will result from the mere fact that higher or lower wage rates may be determined to be prevailing for such employees in the locality after the award and before completion of the contract." (F)Utilize the module in cOffer to submit SCA information in the following format (labor categories shown are for example purposes only): SCA Matrix SCA Eligible Contract Labor SCA Equivalent Code Title WD Number Category Secretary 01115 General Clerk I 052059 Driver 31361 Truckdriver,Light"Truck 052059 Engineering"Technician 29081 Engineering Technician 1 052059 Administrative Assistant 0 10 11 Accounting Clerk 1 052059 (G)Insert the following language below the above SCA matrix and insert both (matrix and language)at the end of the proposed GSA price list. "The Service Contract Act(SCA)is applicable to this contract and it includes SCA applicable labor categories.The prices for the indicated(**)SCA labor categories arc based on the U.S.Department of Labor Wage Determination Numbers) identified in the SCA matrix.The prices awarded are in line with the geographic scope of the contract(i.e.nationwide)." FCIS-JB-980001.8 Refresh: 41 TABLE OF CONTENTS Please click on an den:in Table of C'ontems below to go to the respective location within this docionem, Part I- GOODS& SERVICES........................................................................................ 1 B-FSS-96--ESTIMATED SALES(NOV 1997).........................................................................................48 Part II- CONTRACT TERMS AND CONDITIONS....................................................51 52.203-15-- WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERYAND REINVESTMENT ACT OF 2009(JUN 2010)...........................................................................................51 52?03-6--RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT(SEP 2006) (ALTERNATE I--OCT 1995)...................................................................................................................51 52.204-10--REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS(OCT 2015)...............................................................................................................................51 52.204-14--SERVICE CONTRACT REPORTING REQUIREMENTS(JAN 2014)................................54 52.204-18--COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE(JUL 2015)......55 52.204-21 --BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)................................................................................................................................................56 52.207-5--OPTION TO PURCHASE EQUIPMENT(FEB 1995)...........................................................57 52.209-6--PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT(OCT 2015).......58 52.212-4--CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS(MAY 2015) DEVIATION I FEB 2007 52.212-4--CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS(MAY 2015) (ALTERNATE I--MAY 2014) (DEVIATION I--FEB 2007)...................................................................63 52.212-5--CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS(JUN 2016) (ALTERNATE II-MAR 2016)...............73 52.215-21-- REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS(OCT 2010) (ALTERNATE IV- OCT2010).................................................................................................................................................76 52.216-18-- ORDERING(OCT 1995) (DEVIATION II-FEB 2007)...................................................... 76 52.217-8--OPTION TO EVTEND SERVICES(NOV 1999).................................................................... 77 52.217-9--OPTION TO F-VTEND THE TERM OF THE CONTRACT(MAR 2000).............................. 77 52.219-13--NOTICE OF SET-ASIDE OF ORDERS(NOV 2011).......................................................... 77 52.219-16--LIQUIDATED DAMAGES--SUBCONTRACTING PLAN(JAN 1999)................................77 52.219-28--POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION(JUL 2013)....... 78 52.222-17--NONDISPLACEMENT OF QUALIFIED WORKERS(MAY 2014).....................................79 52.222-19--CHILD LABOR-COOPERATION WITH AUTHORITIES AND REMEDIES(FEB 2016)83 52.222-29--NOTIFICATION OF VISA DENIAL (APR 2015)................................................................84 52.222-36--EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES(JUL 2014)..................84 52.222-4I --SERVICE CONTRACT LABOR STANDARDS(MAY 2014)................................................85 52.222-42--STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES(MAY 2014)................ 90 52.222-43--FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT(MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 2014)...................................... ...................................................................................................................91 52.222-50--COMBATING TRAFFICKING IN PERSONS(MAR 2015).................................................92 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)....................................................................................... 98 52.222-53--EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS(MAY 2014)..............98 52.222-54--EMPLOYMENT ELIGIBILITY VERIFICATION(OCT 2015).............................................99 52.222-55--MINIMUM WAGES UNDER E ECUTIVE ORDER 13658(DEC 2015)......................... 102 5 2.222-99--ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS(JUL 2014) (DEVIATION I- JUL2014)................................................................................................................................................105 52.223-10-- WASTE REDUCTION PROGRAM(MAY 2011)................................................................106 FCIS-JB-980001-B Refresh: 41 52.223-13--ACQUISITION OF EPEAT--REGISTERED IMAGING EQUIPMENT(JUN 2014)........ 107 52.223-14--ACQUISITION OF EPEAT-R REGISTERED TELEVISIONS(JUN 2014)...................... 108 52.223-15--ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS(DEC 2007)............. 108 52.223-16--ACQUISITION OF EPEAT--REGISTERED PERSONAL COMPUTER PRODUCTS(OCT 2015)........................................................................................................................................................I09 52.223-17--AFFIRMATI VE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS(MA Y 2008)........................................................................................110 52.223-19--COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS(MAY 2011)..... 110 52.223-2--AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS(SEP 2013).........................................................................................110 52.227-14--RIGHTS IN DATA--GENERAL (MAY 2014)..................................................................... I I I 52.232-34--PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN SYSTEM FOR AWARD MANAGEMENT(JUL 2013) (DEVIATION I-FEB 2007)......................................................116 52.232-36--PAYMENT BY THIRD PARTY(MAY 2014) (DEVIATION I-MAY 2003)....................... 118 52.232-40--PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)............................................................................................................................................. 119 52.237-3--CONTINUITY OF SERVICES(JAN 1991) (DEVIATION I-MAY 2003)........................... 119 52.252-2--CLAUSES INCORPORATED BY REFERENCE(FEB 1998)............................................. 120 552.211-15--DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM REQUIREMENTS(SEP 2004)122 552.211-78--COMMERCIAL DELIVERY SCHEDULE(MULTIPLE AWARD SCHEDULE) (FEB 1996)...................................................... ...123 ............................................................................................... 552.212-4--CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS(MAY 2015) (ALTERNATE 11-JUL 2009) (FAR DEVIATION-JUL 2015)(TAILORED)...................................... 124 552.212-70--PREPARATION OF OFFER(MULTIPLE AWARD SCHEDULE) (A UG 1997)............ 131 552.212-71--CONTRACT TERMS AND CONDITIONS APPLICABLE-TO GSA ACQUISITION OF COMMERCIAL ITEMS(JUN 2016)....................................................................................................... 132 552.212-72--CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS(JUN 2015)........................................................................................................................................................133 552.215-72--PRICE ADJUSTMENT-FAILURE TO PROVIDE ACCURATE INFORMATION(AUG 1997)........................................................................................................................................................134 552.215-73--NOTICE(JUL 2016)........................................................................................................ 135 552.216-70--ECONOMIC PRICE ADJUSTMENT-FSS MULTIPLE AWARD SCHEDULE CONTRACTS(DEVIATION IV-JUL 2016).......................................................................................... 135 552.216-70--ECONOMIC PRICE ADJUSTMENT-FSS MULTIPLE AWARD SCHEDULE CONTRACTS(SEP 1999) (ALTERNATE I-SEP 1999) (DEVIATION-APR 2007)............................ 136 552,232-83--CONTRACTOR'S BILLING RESPONSIBILITIES(MA Y2003)...................................... 137 552.238-72--IDENTIFICATION OF PRODUCTS THAT HA VE ENVIRONMENTAL ATTRIBUTES (SEP 2003).............................................................................................................................................. 137 552.238-74--INDUSTRIAL FUNDING FEE AND SALES REPORTING(MAY 2014)........................139 552.238-74--INDUSTRIAL FUNDING FEE AND SALES REPORTING(MAY 2014) (ALTERNATE I- JUN 2016)........................................................................................................... ..... 141 ............................... 552.238-75--PRICE REDUCTIONS(JUL 2016)..................................................................................143 552.238-75--PRICE REDUCTIONS(JUL 2016) (ALTERNATE I-JUL 2016)...................................144 552.238-78--SCOPE OF CONTRACT(ELIGIBLE ORDERING ACTIVITIES) (JUL 2016)............... 144 552.238-79-- USE OF FEDERAL SUPPLYSCHEDULE CONTRACTS BYCERTAIN ENTITIES- COOPERATIVE PURCHASING(JUL 2016)......................................................................................... 146 552.238-81 --MODIFICATION(FEDERAL SUPPLYSCHEDULE) (APR 2014) (ALTERNATE I-JUN 2016)........................................................................................................................................................148 552.238-81 --MODIFICATION(FEDERAL SUPPLY SCHEDULE) (APR 2014) (ALTERNATE II-JUN 2016)........................................................................................................................................................149 552.246-73-- WARRANTY--MULTIPLE AWARD SCHEDULE(MAR 2000) (ALTERNATE I-- MAY 2003)........................................................................................................................................................150 C-FSS-370--CONTRACTOR TASKS I SPECIAL REQUIREMENTS(NOV 2003)...............................151 C-FSS-425-- WORKMANSHIP(OCT 1988)..........................................................................................152 C-FSS-427--ANSI STANDARDS(JUL 1991)........................................................................................152 CI-FSS-002--SUBMISSION OF OFFERS--ADDITIONAL INSTRUCTIONS(MAR 1996)............... 152 Cl-FSS-052--AUTHENTICATION OF PRODUCTS AND SERVICES(JAN 2010).............................152 CI-FSS-055--COMMERCIAL SATELLITE COMMUNICATION(COMSATCOM)SERVICES(DEC 2014)........................................................................................................................................................15.1 FCIS-JB-980001-B Refresh: 41 CI-F.SS-056-- FEDERAL ACQUISITION REGULATION(FAR) PART 51 DEVIATION AUTHORITY --' (FEDERAL SUPPLY SCHEDULES) (JAN2010)............................................................................. .... ..157 CI-FSS-151-N--ADDITIONAL EVALUATION FACTORS FOR AWARD TO NEW OFFERORS(OCT 2015)........................................................................................................................................................158 CI-FSS-151-N--ADDITIONAL EVALUATION FACTORS FOR AWARD TO NEW OFFERORS(OCT 2015) (ALTERNATE I-JUL 2016)......................................................................................................... 160 CI-FSS-151-5--ADDITIONAL EVALUATION FACTORS FOR AWARD TO SUCCESSFUL FSS PROGRAM CONTRACTORS(OCT 2015)............................................................................................. 161 CI-FSS-151-S--ADDITIONAL EVALUATION FACTORS FOR AWARD TO SUCCESSFUL FSS PROGRAM CONTRACTORS(OCT 2015) (ALTERNATE I-JUL 2016).............................................. 163 CI-FSS-152-N--ADDITIONAL EVALUATION FACTORS FOR NEW OFFERORS UNDER SCHEDULE 70(SEP 2016).................................................................................................................... 164 C!-F.SS-152-S--ADDITIONAL EVALUATION FACTORS FOR SUCCESSFUL FSS PROGRAM CONTRACTORS UNDER SCHEDULE 70(OCT 2015)........................................................................ 169 F-FSS-230--DELIVERIES TO THE U.S. POSTAL SERVICE(JAN 1994)...........................................170 F-FSS-736-A --EXPORT TRAFFIC RELEASE(OCT 1988)................................................................. 170 G-FSS-900-C--CONTACT FOR CONTRACT ADMINISTRATION(JUL 2003)..................................170 G-F.5S-906-- VENDOR MANAGED INVENTORY(VMI) PROGRAM(MAS) (JAN 1999).................. 171 G-FSS-907--ORDER ACKNOWLEDGEMENT(APR 1984)................................................................ 171 1-FSS-I06-- GUARANTEED MINIMUM(JUL 2003)........................................................................... 171 I-FSS-108--CLAUSES FOR OVERSEAS COVERAGE(MAY 2000).................................................... 172 I-FSS-109--ENGLISH LANGUAGE AND U.S. DOLLAR REQUIREMENTS(MAR 1998)................. 172 1-FSS-I40-B-- URGENT REQUIREMENTS(JAN 1994)...................................................................... 172 I-FSS-163-- OPTION TO EXTEND THE TERM OF THE CONTRACT(EVERGREEN)(APR 2000).173 I-FSS-40--CONTRACTOR TEAM ARRANGEMENTS(JUL 2003)...................................................... 173 I-FSS-50--PERFORMANCE REPORTING REQUIREMENTS(FEB 1995)........................................ 173 I-FSS-597--GSA ADVANTAGE!(OCT 2014)....................................................................................... 174 I-FSS-599--ELECTRONIC COMMERCE--FACNET(SEP 2006)........................................................174 I-FSS-60--PERFORMANCE INCENTIVES(APR 2000)...................................................................... 176 1-FSS-600--CONTRACT PRICE LISTS(OCT 2016)............................................................................ 176 I-FSS-639-- CONTRACT SALES CRITERIA (MAR 2002).................................................................... 180 I-FSS-644--DEALERS AND SUPPLIERS(OCT 1988)........................................................................ 180 1-FSS-646-- BLANKET PURCHASE AGREEMENTS(MAY 2000).......................................................180 I-FSS-680-- DISSEMINATION OF INFORMATION BY CONTRACTOR(APR 1984)........................ 181 I-FSS-969-- ECONOMIC PRICE ADJUSTMENT-FSS MULTIPLE AWARD SCHEDULE(OCT 2014) (ALTERNATE 11-JUL 2016).................................................................................................................. 181 1-FSS-969--ECONOMIC PRICE ADJUSTMENT-FSS ALIULTIPLE AWARD SCHEDULE(OCT 2014)........................................................................................................................................................182 Part III- VENDOR INSTRUCTIONS........................................................................185 52.204-16--COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING(JUL 2015)......... 185 52.209-5--CERTIFICATION REGARDING RESPONSIBILITY MATTERS(OCT 2015).................... 186 52.209-7--INFORMATION REGARDING RESPONSIBILITY MATTERS(JUL 2013)....................... 188 52.212-I --INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS(OCT 2015)........................ 189 52.214-34--SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE(APR 1991)...................... 192 52.214-35--SUBMISSION OF OFFERS IN U.S. CURRENCY(APR 1991).........................................193 52.215-20--REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010) (ALTERNATE IV-OCT 2010).............. 193 52.216-I -- TYPE OF CONTRACT(APR 1984)..................................................................................... 193 52.216-31-- TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS--COMMERCIAL ITEM ACQUISITION(FEB 2007).......................................................................................................... 193 52.222-24--PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW(FEB 1999) 193 52.222-48--EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT CERTIFICATION(MAY 2014)........................................................................................194 52.225-6-- TRADE AGREEMENTS CERTIFICATE(MAY 2014)......................................................... 195 52.233-2--SERVICE OF PROTEST(SEP 2006)...................................................................................195 52.252-1 --SOLICITATION PROVISIONS INCORPORATED BY REFERENCE(FEB 1998)............ 196 552.216-73--ORDERING INFORMATION(AUG 2010)..................................................................... 196 552.217-71 --NOTICE REGARDING OPTIONS) (NOV 1992)............................................................197 552.219-72--PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS FCIS-JB-980001-B Refresh: 41 (JAN 2016).............................................................................................................................................. 197 552.219-73--GOALS FOR SUBCONTRACTING PLAN(JUN 2005) (ALTERNATE I-JUN 2005)... 198 552.232-82—CONTRACTORS REMITTANCE(PAYMENT)ADDRESS(MAY 2003)......................... 199 A-FSS-11—CONSIDERATION OF OFFERS UNDERSTANDING SOLICITATION(JAN 2016).......200 A-FSS-12-C--PERIOD FOR ACCEPTANCE OF OFFERS(NOV 1997).............................................201 A-FSS-11--INFORMATION COLLECTION REQUIREMENTS AND HOURS OF OPERATION(NOV 1999)........................................................................................................................................................201 K-F.SS-1 --AUTHORIZED NEGOTIATORS(MAR 1998)......................................................................201 L-FSS-101--FINAL PROPOSAL REVISION(JUN 2002).....................................................................201 L-FSS-400--INTRODUCTION OF NEW SERVICES/PRODUCTS(INSP) (OCT 2011).....................202 L-FSS-59--AWARD(APR 1984)........................................................................................................... 202 Part IV-EVALUATION FACTORS FOR CONTRACT AWARD............................204 52.204-9--PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011).204 52.209-9-- UPDATES OF PUBLICLYA VAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS(JUL 2013)............................................................................................................................205 552.212-73--EVALUATION--COMMERCIAL ITEMS(MULTIPLE AWARD SCHEDULE) (AUG 199 7)........................................................................................................................................................206 Part V- OFFEROR REPRESENTATIONS& CERTIFICATION...........................207 52.204-20--PREDECESSOR OF OFFEROR(APR 2016)....................................................................207 52.209-11 --REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX"LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW(FEB 2016)..........................................207 52.209-12--CERTIFICATION REGARDING TAX MATTERS(FEB 2016).........................................208 52.209-2--PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-- REPRESENTATION(NOV 2015)...........................................................................................................208 52.212-3--OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS(APR 2016)........................................................................................................................................................209 52.223-1 --BIOBASED PRODUCT CERTIFICATION(MAY 2012).....................................................224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS 8 SERVICES Part I - GOODS & SERVICES NOTE 1: When submitting an Offer,please indicate in your Cover Letter,which Special Item Numbers(SINs) are to include Cooperative Purchasing, NOTE 2:THE FOLLOWING ARE EXCLUDED FROM THE INFORMATION TECHNOLOGY SCHEDULE: i. Radar Equipment(except airborne radar equipment).Offers for radar equipment(other than airborne radar equipment)must be made under Federal Supply Schedule 581. ii.Electrical Equipment-e.g., Uninterruptible Power Supplies,Computer Back-Up Power Systems,Surge Suppressers,Power Line Conditioners,Surge Absorbers,etc. may be offered under this solicitation only in conjunction with the IT equipment these devices support.Offers which are limited to the electrical equipment cited above should be made under Federal Supply Schedule 56 Building and Building Materials/Industrial Services and Supplies.Contact Ms. Haley Naegele at(817)574-2482. iii.Training Courses for products which are outside the scope of this Schedule. iv.Diskettes,disk cartridges,disk packs,tape cartridges,tapes,optical disks,toner cartridges,plotter pens,etc. may be offered only in conjunction with the hardware devices which utilize these supply items.Offers which do not include the hardware devices may be made under Federal Supply Schedule 75.Contact the Business Management Division of Office Supplies and Administrative Services Center at(212)264-0868 or smartshop@gsa.gov. v.Carrying cases,except one per portable CPU purchase. vi.RESERVED. vii.Subscription services for databases on magnetic media and/or on optical disk. viii.Any products which are not U.S.Made End Products, Designated Country End Products,Caribbean Basin Country End Products,Canadian End Products,or Mexican End Products in accordance with FAR 25.402. ix.Any products or services that are not"commercial'as defined in accordance with FAR 52.101. 132 3--- Leasing of Products- SUBJECT TO COOPERATIVE PURCHASING NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. -the TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINs are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP." NOTE:Please see the additional terms and conditions applicable to this Special Item Number (SIN)found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these Page:1 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Sales: $25,793,253 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: W070 Maximum Order: $500,000 NAICS Number I Description Business Size 532420 ! Office Machinery and Equipment Rental and Leasing _ $32.5 million SubSIN Categorie(s): FSC/PSC Class W058 LEASE OR RENTAL OF EQUIPMENT- COMMUNICATION,DETECTION,AND COHERENT RADIATION EQUIPMENT -Lease of Producs FSC/PSC Class W070 LEASE OR RENTAL OF EQUIPMENT-ADP EQUIPMEN"I-/SOF-l-WARE/SUPPLIES/SUPPORT EQUIPMENT -Lease of Products 132 4--- Daily/Short Term Rental-SUBJECT TO COOPERATIVE PURCHASING Daily or Short Term Rental of Information Technology Equipment is from one day to 365 days. NOTE: NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles.TDR PILOT DOES NOTE APPLY TO THIS SIN EXCEPT if a TDR covered SINS is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8).If both a TDR and NON TDR is offered then the entire contract is subject to TDR and the price reduction clause(PRC)and commercial sales practice(CSP) requirements are removed for the entire contract."IF NON TDR SIN(s)is offered only,then the offering will be subject to PRC and CSP. NOTE:Please see the additional terms and conditions applicable to this Special Item Number (SIN)found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and Page:2 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES prices which,may be included. ' Sales: $1,169,069 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: W070 Maximum Order: $500,000 NAICS Number ! Description Business Size 532420 ! Office Machinery and Equipment Rental and Leasing $32 5 million SubSIN Categorie(s): FSC/PSC Class W058 LEASE OR RENTAL OF EQUIPMENT- COMMUNICATION,DETECTION,AND COHERENT RADIATION EQUIPMENT -Daily/Short Term Rental FSC/PSC Class W070 LEASE OR RENTAL OF EQUIPMENT-ADP EQUIPMENT/SOFTWARE/SUPPLII?S/SUPPORT EQUIPMENT -Daily/Short Term Rental 132 8---Purchase Of New Equipment-SUBJECT TO COOPERATIVE PURCHASING ` Includes telephone equipment,audio and video teleconferencing equipment,communications security equipment,facsimile equipment,broadcast band radio,two-way radio,microwave radio equipment,satellite communications equipment,radio transmitters/receivers(airbome), radio navigation equipment/antcnnas,pagers and public address systems,communications equipment cables,fiber optic cables,fiber optic cables and harnesses,coaxial cables,desktop computers,professional workstations,servers,laptop/portable/notebook computers,large scale computers,optical/imaging systems,other systems,printers,displays,graphics(light pens, digitizers,touch screens),network equipment,other communications equipment,optical recognition input/output(I/0)devices,storage devices,other I/O and storage devices,ADP support equipment,microcomputer control devices,telephone answering,voice messaging systems,ADP boards,installation of ADP equipment,and installation of telephone equipment. Note:Commercially available products under this solicitation may be covered by the Energy Star or Electronic Product Environmental Assessment Tool(F.PEAT)programs.For applicable products,offerors are encouraged to offer Energy Star-qualified products and EPEA"r-registered products,at the Bronze level or higher.If offerors opt to offer Energy Star or Electronic Product Environmental Assessment Tool(EPEAT)products then they shall identify by model which products offered are Energy Star-qualified and EPEAT-registered, broken out by registration level of bronze,silver,or gold.Visit the Green Procurement Compilation,%vww.sflool.gov/greenprocurement for a complete list of products covered by these programs. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the Federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT APPLIES TO THIS SIN. If a TDR covered SIN(s)is included on a contract or offer with non-TDR SIN(s),then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) Page:3 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES requirements are removed for the entire contract. However, the TDR clause does not exempt the contractor from existing reporting requirements found elsewhere in the contract. /\ NOTE:Vendors offering New Equipment under SIN 132-8 are required to provide maintenance service and/or repair service and repair parts,in accordance with normal industry practices,for the type of equipment offered,for the Scope of the Contract(i.e.,at minimum, the 48 contiguous states and the District of Columbia). Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Sales: $1,314,148,373 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: 7010 Maximum Order: $500,000 NAICS Number Description Business Size 334111 Electronic Computer Manufacturing 1000 employees 334112 Computer Storage Device Manufacturing 1000 employees 334210 Telephone Apparatus Manufacturing 1000 employees 334220 Radio and Television Broadcasting and Wireless Communications 750 employees ,Equipment Manufacturing 334290 Other Communications Equipment Manufacturing 750 employees 334511 Search,Detection,Navigation,Guidance,Aeronautical,and Nautical 750 employees System and Instrument Manufacturing SubSIN Categorie(s): FSC/PSC Class 5805 TELEPHONE AND TELEGRAPH EQUIPMENT •Audio and Video Teleconferencing Equipment •Special Physical,Visual,Speech,and Hearing Aid Equipment •Telephone Equipment FSC/PSC Class 5810 COMMUNICATIONS SECURITY EQUIPMENT AND COMPONENTS •Communications Security Equipment •Special Physical,Visual,Speech,and I fearing Aid Equipment FSC/PSC Class 5815 TELETYPE AND FACSIMILE EQUIPMENT •Facsimile Equipment(FAX) •Special Physical,Visual,Speech,and Hearing Aid Equipment Page:4 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES FSC/PSC Class 5820 RADIO AND TELEVISION COMMUNICATION EQUIPMENT,EXCEPT AIRBORNE `-� •Broadcast Band Radio Transmitters/Receivers/Antennas •Microwave Radio Equipment/Antennas and Waveguides •Satellite Communications Equipment •Special Physical,Visual,Speech,and Hearing Aid Equipment •Two-Way Radio Transmitters/Receivers/Antennas FSC/PSC Class 5821 RADIO AND TELEVISION COMMUNICATION EQUIPMENT,AIRBORNE •Airborne Radio Transmitters/Receivers •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 5825 RADIO NAVIGATION EQUIPMENT, EXCEPT AIRBORNE •Radio Navigation Equipment/Antennas •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 5826 RADIO NAVIGATION EQUIPMENT,AIRBORNE •Airborne Radio Navigation Equipment •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 5830 INTERCOMMUNICATION AND PUBLIC ADDRESS SYSTEMS,EXCEPT AIRBORNE •Pagers and Public Address Systems(wired and wireless transmission, including background music systems) FSC/PSC Class 5841 RADAR EQUIPMENT,AIRBORNE •Radar Equipment,Airborne •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 5895 MISCELLANEOUS COMMUNICATION EQUIPMENT •Miscellaneous Communications Equipment •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 5995 CABLE,CORD,AND WIRE ASSEMBLIES: COMMUNICATION EQUIPMENT •Communications Equipment Cables •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 6015 FIBER OPTIC CABLES • Fiber Optic Cables •Special Physical,Visual,Speech,and[-fearing Aid Equipment FSC/PSC Class 6020 FIBER OPTIC CABLE ASSEMBLIES AND HARNESSES •Fiber Optic Cable Assemblies and Harnesses •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 6145 WIRE AND CABLE,ELECTRICAL •Coaxial Cables •Special Physical,Visual,Speech,and Hearing Aid Equipment Page:5 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS 8 SERVICES FSC/PSC Class 7010 ADPE SYSTEM CONFIGURATION •End User Computers/Desktop Computers ti / •Laptop/Portable/Notebook Computers • Large Scale Computers •Optical and Imaging Systems •Other System Configuration Equipment Not Elsewhere Classified:Provide specific information. •Professional Workstations •Servers •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 7025 ADP INPUT/OUTPUT AND STORAGE DEVICES •Displays •Graphics,including Video Graphics,Light Pens,Digitizers,Scanners,and Touch Screens •Network Equipment •Optical Recognition Input/Output Devices •Other Communications Equipment •Other Input/Output and Storage Devices Not Elsewhere Classified.Provide specific information. •Printers •Special Physical,Visual,Speech,and Hearing Aid Equipment •Storage Devices,including Magnetic Storage,Magnetic Tape Storage and Optical Disk Storage FSC/PSC Class 7035 ADP SUPPORT EQUIPMENT •ADP Support Equipment •Special Physical,Visual,Speech,and ITearing Aid Equipment FSC/PSC Class 7042 MINI AND MICRO COMPUTER CONTROL. DEVICES •Microcomputer Control Devices •Special Physical,Visual,Speech,and Hearing Aid Equipment •Telephone Answering and Voice Messaging Systems FSC/PSC Class 7050 ADP COMPONENtS •ADP Boards •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class N058 INSTALLATION OF EQUIPMENf- COMMUNICATION,DETECTION,AND COHERENT RADIATION EQUIPMENT •Deinstallation for equipment offerered under SIN 132-8 •Installation for equipment offerered under SIN 132-8 •Reinstallation for equipment offerered under SIN 132-8 FSC/PSC Class N070 INSTALLATION OF EQUIPMENT-ADP F,QUIPMENT/SOFTWARE/SUPPLIES/SUPPORT EQUIPMENT •Deinstallation for equipment offered under SIN 132-8 •Installation for equipment offered under SIN 132-8 • Reinstallation for equipment offered under SIN 132-8 Page:6 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES Installation MUST be incidental to,in conjunction with and in direct support of the products sold under SIN 132-8 of this contract and CANNOT be purchased separately.If the construction, alteration or repair is segregable and exceeds S2,000,then the requirements of the Davis-Bacon Act apply.In applying the Davis-Bacon Act,ordering activities are required to incorporate wage rate determinations into orders,as applicable. 1329--- Purchase of Used or Refurbished Equipment-SUBJECT TO COOPERATIVE PURCHASING Includes the following used or refurbished equipment:telephone equipment,audio and video teleconferencing equipment,communications security equipment,facsimile equipment, broadcast band radio,two-way radio,microwave radio equipment,satellite communications equipment,radio transmitters/receivers(airborne),radio navigation equipment/antennas, pagers and public address systems,communications equipment cables,fiber optic cables,fiber optic cables and harnesses,coaxial cables,desktop computers,professional workstations, servers,laptop/portable/notebook computers,large scale computers,optical/imaging systems, other systems,printers,displays,graphics(light pens,digitizers,touch screens),network equipment,other communications equipment,optical recognition input/output(1/0)devices, storage devices,other 1/0 and storage devices,ADP support equipment,microcomputer control devices,telephone answering,voice messaging systems,ADP boards,installation of used or refurbished ADP equipment,and installation of used or refurbished telephone equipment. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY'r0 TI-IIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTE:Vendors offering Used or Refurbished Equipment under SIN 132-9 are required to provide maintenance service and/or repair service and repair parts,in accordance with normal industry practices,for the type of equipment offered,for the Scope of the Contract(i.e.,at minimum,the 48 contiguous states and the District of Columbia). Used or Refurbished equipment offered under SIN 132-9 must be clearly identified as being used or refurbished in GSA Pricelist pricing charts,GSA Advantage product descriptions,and in any response to a customer Request for Quote(RFQ)or request for information(RFI). A Letter of Supply is not required to be submitted for Used or Refurbished equipment offered under SIN 132-9. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License J Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering Page:7 of 224 FCIS-JB-980001-8 Refresh: 41 Part I-GOODS&SERVICES activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Sales: $10,299,297 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: 7010 Maximum Order: $500,000 NAICS Number Description r Business Size 334111 Electronic Computer Manufacturing 1000 employees 334112 Computer Storage Device Manufacturing _ 1000 employees 334210 Telephone Apparatus Manufacturing 1000 employees 334220 Radio and Television Broadcasting and Wireless Communications 1 750 employees Equipment Manufacturing 334290 Other Communications Equipment Manufacturing 750 employees 334511 Search,Detection,Navigation,Guidance,Aeronautical,and Nautical 750 employees System and Instrument Manufacturing SubSIN Categorie(s): FSC/PSC Class 5805 TELEPHONE AND'TELEGRAPH EQUIPMENT •Audio and Video Teleconferencing Equipment •Special Physical,Visual,Speech,and Hearing Aid Equipment •Telephone Equipment FSC/PSC Class 5810 COMMUNICATIONS SECURITY EQUIPMENT AND COMPONENTS •Communications Security Equipment •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 5815"TELETYPE AND FACSIMILE EQUIPMENT •Facsimile Equipment(FAX) •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 5820 RADIO AND TELEVISION COMMUNICATION EQUIPMENT, EXCEPT AIRBORNE •Broadcast Band Radio Transmitters/Receivers/Antennas •Microwave Radio Equipment/Antennas and Waveguides •Satellite Communications Equipment •Special Physical,Visual,Speech,and Hearing Aid Equipment •Two-Way Radio'rransmitters/Receivers/Antennas FSC/PSC Class 5821 RADIO AND"TELEVISION COMMUNICATION EQUIPMENT,AIRBORNE •Airborne Radio Transmitters/Receivers •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 5825 RADIO NAVIGATION EQUIPMENT,EXCEPT AIRBORNE •Radio Navigation Equipment/Antennas •Special Physical,Visual,Speech,and[fearing Aid Equipment Page:8 of 224 FCIS-JB-980001-13 Refresh: 41 Part I-GOODS&SERVICES f FSC/PSC Class 5826 RADIO NAVIGATION EQUIPMENT,AIRBORNE •Airborne Radio Navigation Equipment •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 5830 INTERCOMMUNICATION AND PUBLIC ADDRESS SYSTEMS,EXCEPT AIRBORNE •Pagers and Public Address Systems(wired and wireless transmission, including background music systems) FSC/PSC Class 5841 RADAR EQUIPMENT,AIRBORNE •Radar Equipment,Airborne •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 5895 MISCELLANEOUS COMMUNICATION EQUIPMENT •Miscellaneous Communications Equipment •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 5995 CABLE,CORD,AND WIRE ASSEMBLIES: COMMUNICATION EQUIPMENT •Communications Equipment Cables •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 6015 FIBER OPTIC CABLES •Fiber Optic Cables •Special Physical,Visual,Speech,and Hearing Aid Equipment J FSC/PSC Class 6020 FIBER OPTIC CABLE ASSEMBLIES AND HARNESSES •Fiber Optic Cable Assemblies and Harnesses •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 6145 WIRE AND CABLE,ELECTRICAL •Coaxial Cables •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 7010 ADPE SYSTEM CONFIGURATION •End User Computers/Desktop Computers •Laptop/Portable/Notebook Computers •Large Scale Computers •Optical and Imaging Systems •Other System Configuration Equipment Not Elsewhere Classified: Provide specific information. •Professional Workstations •Servers •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 7025 ADP INPUT/OUTPUT AND STORAGE DEVICES •Displays •Graphics,including Video Graphics,Light Pens,Digitizers,Scanners,and Touch Screens `�; •Network Equipment Page:9 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES •Optical Recognition Input/Output Devices •Other Communications Equipment •Other Input/Output and Storage Devices Not Elsewhere Classified.Provide specific information. •Printers •Special Physical,Visual,Speech,and Hearing Aid Equipment •Storage Devices,including Magnetic Storage,Magnetic Tape Storage and Optical Disk Storage FSC/PSC Class 7035 ADP SUPPORT EQUIPMENT •ADP Support Equipment •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class 7042 MINI AND MICRO COMPUTER CONTROL DEVICES •Microcomputer Control Devices •Special Physical,Visual,Speech,and Hearing Aid Equipment •Telephone Answering and Voice Messaging Systems FSC/PSC Class 7050 ADP COMPONENTS •ADP Boards •Special Physical,Visual,Speech,and Hearing Aid Equipment FSC/PSC Class N058 INSTALLATION OF EQUIPMENT- COMMUNICATION,DETECTION,AND COHERENT RADIATION EQUIPMENT •Deinstallation for equipment offerered under SIN 132-9 •Installation for equipment offerered under SIN 132-9 •Reinstallation for equipment offerered under SIN 132-9 FSC/PSC Class N070 INSTALLATION OF EQUIPMENT-ADP EQUIPMENT/SOFTWARE/SUPPLIES/SUPPORT EQUIPMENT •Deinstallation for equipment offered under SIN 132-9 •Installation for equipment offered under SIN 132-9 •Reinstallation for equipment offered under SIN 132-9 Installation MUST be incidental to,in conjunction with and in direct support of the products sold under SIN 132-9 of this contract and CANNOT be purchased separately.If the construction, alteration or repair is segregable and exceeds$2,000,then the requirements of the Davis-Bacon Act apply.In applying the Davis-Bacon Act,ordering activities are required to incorporate wage rate determinations into orders,as applicable. 13212 ---Equipment Maintenance-SUBJECT TO COOPERATIVE PURCHASING Maintenance,Repair Service,and Repair Parts/Spare Parts for Government-Owned General Purpose Commercial Information Technology Equipment,Radio/Telephone Equipment, (After Expiration of Guarantee/Warranty Provisions and/or When Required Service Is Not Covered by Guarantee/Warranty Provisions)and for Leased Equipment. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a Page:10 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP." NOTE:Please see the additional terms and conditions applicable to this Special Item Number (SIN)found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Sales: $279,232,192 Sales Period: Oct I,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: J070 Maximum Order: $500,000 NAICS Number Description _ Business Size 811212 Computer and Office Machine Repair and Maintenance $27.5 million i 811213 Communication Equipment Repair and Maintenance $11 million 811219 1 Other Electronic and Precision Equipment Repair and Maintenance $20.5 million SubSIN Categorie(s): FSC/PSC Class J058 MAINT/REPAIR/REBUILD OF EQUIPMENT- COMMUNICATION,DETECTION,AND COFIERENT RADIATION EQUIPMENT •Maintenance •Repair Parts/Spare Parts •Repair Service •Third Party Maintenance FSC/PSC Class J070 MAINT/REPAIR/REBUILD OF EQUIPMENT-ADP EQUIPMENT/SOFTWARE/SUPPLIES/SUPPORT EQUIPMENT •Maintenance •Repair Parts/Spare Parts •Repair Service •Third Party Maintenance 13232---Term Software License-SUBJECT TO COOPERATIVE PURCHASING Includes operating system software,application software,EDI translation and mapping software,enabled E-Mail message based products,Internet software,database management ~ programs,and other software. Page: 11 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product.It may also include other no charge support that is included in the purchase price of the product in the commercial marketplace.No charge support includes items such as user blogs,discussion forums,on-line help libraries and FAQs(Frequently Asked Questions), hosted chat rooms,and limited telephone,email and/or web-based general technical support for user s self diagnostics. Software maintenance as a product does NOT include the creation,design,implementation, integration,etc.of a software package.These examples are considered software maintenance as a service under SIN 132.34 Software Maintenance. Software Maintenance as a product is billed at the time of purchase. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT APPLIES TO THIS SIN. If a TDR covered SIN(s)is included on a contract or offer with non-TDR SIN(s),then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract. However, the TDR clause does not exempt the contractor from existing reporting requirements found elsewhere in the contract. NOTE: The word"Term"is defined in this Solicitation as"a limited period of time". Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except if you are a Value Added Reseller(150 employee standard).For more information,please visit http://www.naies.com/naieswp20l 4/wp-content/uploads/2014/10/2014-Size_Standards_Table.pdf Sales: $490,608,032 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: 7030 Maximum Order: $500,000 NAICS Number Description Business Size 511210 Software Publishers $38.5 million L541519 Other Computer Related Services $27.5 million Page:12 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES SubSIN Categorie(s): �_. FSC/PSC Class 7030 ADP SOFTWARE •Ancillary Financial Systems Software •Application Software •Communications Software •Core Financial Mangement Software •Electronic Commerce(EC)Software •Large Scale Computers •Operating System Software •Special Physical,Visual,Speech,and Hearing Aid Software. Provide specific information •Utility Software Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item's interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http:/hvww.core.gov. FSC/PSC Class J070 MAINT/REPAIR/REBUILD OF EQUIPMENT-ADP EQUIPMENT/SOFTWARE/SUPPI.IES/SUPPORT EQUIPMENT •Maintenance of Software 132 33---Perpetual Software License-SUBJECT TO COOPERATIVE PURCHASING Includes operating system software,application software,ED[translation and mapping software,enabled E-mail message based products.Internet software,database management programs,and other software_ Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product.It may also include other no charge support that is included in the purchase price of the product in the commercial marketplace.No charge support includes items such as user blogs,discussion forums,on-line help libraries and FAQs(Frequently Asked Questions), hosted chat rooms,and limited telephone,email and/or web-based general technical support for user s sel f diagnostics. Software maintenance as a product does NOT include the creation,design,implementation, integration,etc.of a software package.These examples are considered software maintenance as a service under SIN 132.34 Software Maintenance as a Service. Software Maintenance as a product is billed at the time of purchase. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. Thc TDR PILOT APPLIES TO THIS SIN. If a TDR covered SIN(s)is included on a contract or offer with non-TDR SIN(s),then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract_ However, the TDR clause does not exempt the contractor from existing reporting requirements found elsewhere in the contract. Page:13 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES NOTE:The word"Perpetual"is defined in this Solicitation as"continuing forever,everlasting, valid for all time". Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except if you are a Value Added Reseller(150 employee standard).For more information,please visit http://www.naics.com/naicswp20l4/wp-content/uploads/2014/10/2014-Size Standards Table.pdf Sales: $2,729,355,073 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: 7030 Maximum Order: $500,000 NAICS � Number Description Business Size 511210 Software Publishers $38.5 million 541519 I Other Computer Related Services $27.5 million SubSIN Categorie(s): FSC/PSC Class 7030 ADP SOFTWARE •Ancillary Financial Systems Software •Application Software •Communications Software •Core Financial Mangement Software •Electronic Commerce(EC)Software •Large Scale Computers •Microcomputers •Operating System Software •Special Physical,Visual,Speech,and Hearing Aid Software.Provide specific information. •Utility Software Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item's interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov. Contractors are encouraged to offer SIN 132-34:Maintenance of Software as a Service in Page: 14 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES conjunction with SIN 132-32 Term Software Licenses and/or SIN 132-33 Perpetual Software Licenses. FSC/PSC Class J070 MAINT/REPAIR/REBUILD OF EQUIPMENT-ADP EQUIPMENT'/SOF"I'WARE/SUPPLI1:S/SUPPOR-1-EQUIPMENT •Maintenance of Software 132 34---Maintenance of Software as a Service- SUBJECT TO COOPERATIVE PURCHASING Software maintenance as a service creates,designs,implements,and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software.Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate:telephone support,on-line technical support, customized support,and/or technical expertise which arc charged commercially. Software maintenance as a service is billed in arrears in accordance with 31 U.S.C.3324. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. T he TDR PILOT APPLIES TO THIS SIN. If a TDR covered SIN(s)is included on a contract or offer with non-TDR SIN(s),then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract. I lowever, the TDR clause does not exempt the contractor from existing reporting requirements found elsewhere in the contract. NOTE:Please see the additional terms and conditions applicable to this Special Item Number (SIN)found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except if you are a Value Added Reseller(150 employee standard).For more information,please visit http://www.naies.com/naicswp20l4/wp-content/uploads/2014/10/2014-Size Standards_'I'able.pdf Sales: $908,489,265 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: J070 Maximum Order: $500,000 NAICS Number Description Business Size S11210 Software Publishers $38.5 million ~- 541511 Custom Computer Programming Services $27.5 million - --- - -- - Page:15 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES 541519 I Other Computer Related Services $27.5 million SubSIN Categorie(s): FSC/PSC Class J070 MAINT/REPAIR/REBUILD OF EQUIPMENT-ADP EQUIPMENT/SOFTWARE/SUPPLIES/SIJPPORT EQUIPMENT •Maintenance of Software 132 40--Cloud Computing Services- SUBJECT TO COOPERATIVE PURCHASING Includes commercially available cloud computing services such as Infrastructure as a Service (laaS),Platform as a Service(PaaS),and Software as a Service(SaaS)and emerging cloud services.The new Cloud SIN is open to all deployment models(private,public,community or hybrid). NOTE:Please see the additional terms and conditions applicable to this Special Item Number (SIN)found in a separate attachment to the Solicitation.These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions.The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terns of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically /1 report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SfNs are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTE:The automated technical proposal elements will be effective June 9,2015.In the interim,please complete and submit a separate attachment containing the technical proposal response for SIN 132-40. Sales: $0 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D305 Maximum Order: $500,000 NAICS Number Description Business Size 518210 Data Processing,Hosting,and Related Services $32.5 million SubSIN Categorie(s): FSC/PSC Class D305 IT AND TELECOM-TELEPROCESSING, TIMESHARE,AND CLOUD COMPUTING Page: 16 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES •Cloud Computing Services 132 45A--Penetration Testing-SUBJECT TO COOPERATIVE PURCHASING Penetration testing is security testing in which assessors mimic real-world attacks to identify methods for circumventing the security features of an application,system,or network. Related Job Titles include but arc not limited to: Blue Tcam Technician,Penetration Tester, Red'Tcam Technician,and Ethical Hacker. Tasks include but are not limited to: 0 Conducting and/or supporting authorized penetration testing on enterprise network assets. 0 Analyzing site/enterprise Computer Network Defense policies and configurations and evaluate compliance with regulations and enterprise directives. 0 Assisting with the selection of cost-effective security controls to mitigate risk(e.g., protection of information,systems,and processes). NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). lfboth TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. .. NOTES:Please see the additional terms and conditions applicable to this Special Item Number(SIN)found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Sales: $0 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $500,000 NAICS Number Description Business Size 541511 Custom Computer Programming Services $27.5 million 541512 Computer Systems Design Services --r$27.5 million 541513 Computer Facilities Management Services $27.5 million 541519 Other Computer Related Services $27.5 million SubSIN Categorie(s): FSC/PSC Class D301 IT AND TELECOM-FACILITY OPERATION AND MAINTENANCE •FACILITY OPERATION AND MAINTENANCE Page:17 of 224 6ZZ 10 8L:86ed c •uoileipawaj snoilipadn algeua mql suoilepummoom a>lew pue saillligejaulnA agiaads,Cjiluapi of elep luapiaul alelau03 0 •sluapioui of-)suodsw ui suoilaunj loiluoa pull pueww03 uuojlad O •asudiawa aql uiqum sluapiaui MOM WmWN aalndwoO 1ppualod jo uoprSiliw algeua of ulup p013no3sip asn pup(suefon pue`ajem[ew`apoa aamos`-Ta)slaejiue uoisnnui laa[loO 0 :ol pauwil lou am lnq apnlaui slse j, 'lsXleuV uoisrulul pue`joleSilsanul awuO j3lndwo0 Is,ClpuV asuodsaN luap[aul:ol paliwi[lou aye lnq:apnlaui sa[ll_L qo f palplaN -mms a]naas aJow a o]SJldomlau J1agl aiolSa1 pup•swalS,Cs llagl waj,Qes]anpe aql anowaa`luapiaui aql jo lUa1Xa aql auluualap asiw(udwoo,4l.maasaagX,j a,Cq palaedwi suopuzing io dlaq saaimas asuodsai luapiaul OAIISVH:)Hfld 3AI.LVH3cl003 O.L.L.3gf$fIS—asuodsaH juap!aul --flSb Z£I SNOLLVOINn W WOO-I'13.1.(INV II WHIM- S IDLE V OI Nn IN IN 003"13.L (INV 1.1113HIO-W003'I3.L(INV 1166ECI SSeI3 OSd/Os3 NOLLdINOSflnS a:ISV11-U'IM- NOLIANOSHf1S 43SV8-GAA%-WOOTELL(INV.LI LIE(1 SSTID OSd/OSd .LN3W3JVNVW)IIIOM.L3N SNOI1V)INIIWW003"131- I.N3W3OVNVW)INOA%13N SNOLLVOINnININO ITH.-W003'13.L 4NV.1.191 E(1 SSRD OSd/OSd (WVO/GVO) JNINM13Vdf1NVW 4341V N3.LfldWOO/NJIS34(13GIV N3 UIM0O- (WVO/QVO)ONINfl LOVJnNVW GMIV N3.[.fldWOO/NDIS3a (1341V,damdWOO-W003'13.1.4NV II EIE4 SSEIO OSd/OSd NOISN3ANOO V.LV(1- NOISN3ANOO V.I.VCI-WOO:I'I:L1.(1NV.L1 I IE(1 SselO OSd/OSd dMDVfl V.I.VQ(INV A.LINflO3S N38AO- dfl)[OVfI V.LVU QNV A.1.I11flO3S N3HAO-WOO:1'1:I.L(INV II OI Ea SSeIO OSd/OSd JNIWWV'dDONd- ONIWWVN'OONd-W003'13.L QNV If 80E4 SselO OSd/OSd 3Nfl.I.O3j.IHONV(INV AJ3.l.VN.I.S Ll- HNfl.LO3.LIHONV (INV A03.LVN.I.S.I.I-WOO'-['1''IJ.(INV 11 LORI SSBIO OSd/OS3 SISA"IVNV SW3.LSAS- S[SA-IVNV SW3.LSAS-WO33'131(1NV.LI 90E(1 SSeIO OSd/OS.d ram' �r .LNIMO I3A3Q SINUSAS- .LN3WdO'13A3(1 SWUSAS-WOOS 13.1.ONV.LI ZOEO SSeIO OSd/OS.d S30IAa3S 9 SOooD-I ued LV :0049a S-L00086-8f-Sl3j FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically 4 report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY'TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements arc removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTES:Please see the additional terms and conditions applicable to this Special Item Number(SIN)found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Sales: $0 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $500,000 NAICS Number ` _ Description Business Size 1 541511 i Custom Computer Programming Services $27.5 million 541512 Computer Systems Design Services $27.5 million 541513 Computer Facilities Management Services $27.5 million 541519 Other Computer Related Services $27.5 million SubSIN Categorie(s): F'SC/PSC Class D301 IT AND TELECOM-FACILITY OPERATION AND MAINTENANCE •FACILITY OPERATION AND MAINTENANCE FSC/PSC Class D302 IT AND TELECOM-SYSTEMS DEVELOPMENT •SYSTEMS DEVELOPMENT FSC/PSC Class D306 IT AND TELECOM-SYSTEMS ANALYSIS •SYSTEMS ANALYSIS FSC/PSC Class D307 IT AND TELECOM-IT STRATEGY AND ARCHITECTURE •IT STRATEGY AND ARCHITECTURE FSC/PSC Class D308 IT AND TELECOM-PROGRAMMING •PROGRAMMING PSC/PSC Class D310 IT AND TELECOM-CYBER SECURITY AND DATA BACKUP •CYBER SECURITY AND DATA BACKUP Page: 19 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES FSC/PSC Class D311 IT AND TELECOM-DATA CONVERSION •DATA CONVERSION FSC/PSC Class D313 IT AND TELECOM-COMPUTER AIDED DESIGN/COMPUTER AIDED MANUFACTURING(CAD/CAM) -COMPUTER AIDED DESIGN/COMPUTER AIDED MANUFACTURING (CAD/CAM) FSC/PSC Class D316 IT AND TELECOM-TELECOMMUNICATIONS NETWORK MANAGEMENT •TELECOMMUNICATIONS NETWORK MANAGEMENT FSC/PSC Class D317 IT AND TELECOM-WEB-BASED SUBSCRIPTION •WEB-BASED SUBSCRIPTION FSC/PSC Class D399 IT AND TELECOM-OTHER IT AND TELECOMMUNICATIONS •OTHER IT AND TELECOMMUNICATIONS 132 45C---Cyber Hunt-- SUBJECT TO COOPERATIVE PURCHASING Cyber hunt activities are responses to crisis or urgent situations within the pertinent domain to mitigate immediate and potential threats.Cyber Hunt activities start with the premise that threat actors known to target some organizations in a specific industry,or specific systems,are likely to also target other organizations in the same industry or with the same systems.Use information and threat intelligence specifically focused on the proximate incident to identify undiscovered attacks.Investigates and analyzes all relevant response activities. Related Job Titles include but are not limited to:Computer Crime Investigator,Incident Handler,Incident Responder,Incident Response Analyst,Incident Response Coordinator and Intrusion Analyst. Tasks include but are not limited to: 0 Collecting intrusion artifacts(e.g.,source code,malware,and trojans)and use discovered data to enable mitigation of potential Computer Network Defcnse incidents within the enterprise. O Coordinating with and provide expert technical support to enterprise-wide Computer Network Defense technicians to resolve Computer Network Defense incidents. O Correlating incident data to identify specific vulnerabilities and make recommendations that enable expeditious remediation. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINs are offered,then the entire contract is subject to I-DR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTES: Please see the additional terms and conditions applicable to this Special Item Number(SIN)found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule Page:20 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these �- additional contract terms and conditions for this applicable SIN when responding to an order. Sales: $0 Sales Period: Oct I,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $500,000 NAICS Number Description Business Size 541511 Custom Computer Programming Services $27.5 million 541512 Computer Systems Design Services $27.5 million 541513 Computer Facilities Management Services $27.5 million 541519 Other Computer Related Services _ $27.5 million SubSIN Categorie(s): FSC/PSC Class D301 IT AND'TELECOM-FACILITY OPERATION AND MAINTENANCE •FACILITY OPERATION AND MAINTENANCE FSC/PSC Class D302 IT AND TELECOM-SYSTEMS DEVELOPMENT SYSTEMS DEVELOPMENT FSC/PSC Class D306 IT AND TELECOM-SYSTEMS ANALYSIS •SYSTEMS ANALYSIS FSC/PSC Class D307 IT AND TELECOM-IT STRATEGY AND ARCHITECTURE •IT STRATEGY AND ARCHITECTURE FSC/PSC Class D308 IT AND TELECOM-PROGRAMMING •PROGRAMMING FSC/PSC Class D3101T AND TELECOM-CYBER SECURITY AND DATA BACKUP •CYBER SECURITY AND DATA BACKUP FSC/PSC Class D311 IT AND TELECOM-DATA CONVERSION •DATA CONVERSION FSC/PSC Class D313 IT AND TELECOM-COMPUTER AIDED DESIGN/COMPUTER AIDED MANUFACTURING(CAD/CAM) •COMPUTER AIDED DESIGN/COMPUTER AIDED MANUFACTURING (CAD/CAM) FSC/PSC Class D316 IT AND TELECOM-TELECOMMUNICATIONS NETWORK MANAGEMENT •TELECOMMUNICATIONS NETWORK MANAGEMENT E �-� FSC/PSC Class D317 IT AND TELECOM-WEB-BASED SUBSCRIPTION Page:21 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES -WEB-BASED SUBSCRIPTION FSC/PSC Class D3991T AND TELECOM-OTHER IT AND TELECOMMUNICATIONS •OTHER IT AND TELECOMMUNICATIONS 132 45D ---Risk and Vulnerability Assessments(RVA)--SUBJECT TO COOPERATIVE PURCHASING Risk and vulnerability assessments conduct assessments of threats and vulnerabilities, determines deviations from acceptable configurations,enterprise or local policy,assesses the level of risk,and develops and/or recommends appropriate mitigation countermeasures in operational and non-operational situations.Al a minimum offerors who would like to be considered for this SIN must offer the following services:Network Mapping,Vulnerability Scanning,Phishing Assessment,Wireless Assessment,Web Application Assessment, Operating System Security Assessment(OSSA),and Database Assessment. Related Job Titles include but are not limited to:Risk/Vulnerability Analyst,Vulnerability Manager,Ethical Hacker,Computer Network Defense(CND)Auditor,Compliance Manager, and Information Security Engineer. At a minimum,offerors who would like to be considered for this SIN must offer the following services: 0 Network Mapping-consists of identifying assets on an agreed upon IP address space or network range(s). 0 Vulnerability Scanning-comprehensively identifies IT vulnerabilities associated with agency systems that are potentially exploitable by attackers. 0 Phishing Assessment-includes activities to evaluate the level of awareness of the agency workforce with regard to digital form of social engineering that uses authentic looking,but bogus,emails request information from users or direct them to a fake Website that requests information.Phishing assessments can include scanning,testing,or both and can be conducted as a one-time event or as part of a larger campaign to be conducted over several months. 0 Wireless Assessment-includes wireless access point(WAP)detection,penetration testing or both and is performed while onsite at a customers facility. 0 Web Application Assessment-includes scanning,testing or both of outward facing web applications for defects in Web service implementation may lead to exploitable vulnerabilities. Provide report on how to implement Web services securely and that traditional network security tools and techniques are used to limit access to the Web Service to only those networks and systems that should have legitimate access. 0 Operating System Security Assessment(OSSA)-assesses the configuration of select host operating systems(OS)against standardized configuration baselines. 0 Database Assessment-assesses the configuration of selected databases against configuration baselines in order to identify potential misconfigurations and/or database vulnerabilities. 0 SIN 13245A Penetration Testing-conducting and/or supporting authorized Penetration Testing on enterprise network assets. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-5). If both TDR and NON TDR SINs are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) Page:22 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTES:Please see the additional terms and conditions applicable to this Special Itcm Number(SIN)found in a separate attachment to the Solicitation. 'These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Sales: $0 Sales Period: Oct I,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $500,000 NAICS Number i p Programming Description _ Business Size 541511 Custom Computer Pro ammin Services $27.5 million 541512 Computer Systems Design Services $27.5 million 541513 Computer Facilities Management Services $27.5 million 541519 Other Computer Related Services $27.5 million SubSIN Categorie(s): FSC/PSC Class D301 IT AND TELECOM-FACILITY OPERATION AND MAINTENANCE •FACILITY OPERATION AND MAINTENANCE. PSC/PSC Class D302 IT AND"TELECOM-SYSTEMS DE.VELOPMENT •SYSTEMS DEVELOPMENT FSC/PSC Class D306 IT AND"TELECOM-SYSTEMS ANALYSIS •SYSTEMS ANALYSIS FSC/PSC Class D307 IT AND TELECOM-IT STRATEGY AND ARCHITECTURE •TT STRATEGY AND ARCHITECTURE FSC/PSC Class D308 IT AND TELECOM-PROGRAMMING •PROGRAMMING FSC/PSC Class D310 TT AND TELECOM-CYBER SECURITY AND DATA BACKUP •CYBER SECURITY AND DATA BACKUP FSC/PSC Class D311 IT AND TELECOM-DATA CONVERSION •DATA CONVERSION FSC/PSC Class D313 IT AND TELECOM-COMPUTER AIDF,D DESIGN/COMPUTER AIDED MANUFACTURING(CAD/CAM) •COMPUTER AIDED DESIGN/COMPUTER AIDED MANUFACTURING (CAD/CAM) Page:23 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES FSC/PSC Class D316 IT AND TELECOM-TELECOMMUNICATIONS NETWORK MANAGEMENT •TELECOMMUNICATIONS NETWORK MANAGEMENT FSC/PSC Class D317 IT AND TELECOM-WEB-BASED SUBSCRIPTION •WEB-BASED SUBSCRIPTION FSC/PSC Class D3991T AND TELECOM-OTHER IT AND TELECOMMUNICATIONS •OTHER IT AND TELECOMMUNICATIONS 132 50---Training Courses -SUBJECT TO COOPERATIVE PURCHASING Includes training. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTES:This SIN can only be used to offer Information Technology Training Courses. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terns and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terns of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Sales: $71,088,136 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: U012 Maximum Order: $25,000 NAICS Number Description Business Size S 611420 1 Computer Training $11 million SubSIN Categorie(s): FSC/PSC Class U012 EDUCATION/TRAINING-INFORMATION Page:24 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES TECFINOLOGY/TELECOMMUNICATIONS TRAINING -Training Courses for Information Technology Equipment and Software 13251 --- Information Technology Professional Services--SUBJECT TO COOPERATIVE PURCHASING Includes resources and facilities management,database planning and design,systems analysis and design,network services,programming,conversion and implementation support,network services project management,data/rccords management,and other services relevant to 29CFR541.400. Excludes professional services within the scope of SIN 132-45A Penetration Testing,SIN 132-45B Incident Response,SIN 132-45C Cyber Hunt,SIN 132-45D Risk and Vulnerability Assessment(RVA)Services. NOTE:Please see the additional terms and conditions applicable to this Special Item Number (SIN)found in a separate attachment to the Solicitation.These terms and conditions do not contain specific and negotiated contractual language for this SIN.The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions.The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. 1:All non-professional labor categories must be incidental to and used solely to support hardware,software and/or professional services,and cannot be purchased separately. 2:Offerors and Agencies are advised that the Group 70 Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act.These t services include,but are not limited to,architectural,engineering,mapping,cartographic production,remote sensing,geographic information systems,and related services.FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services. 3:This solicitation is not intended to solicit for the reselling of ff Professional Services, except for the provision of implementation,maintenance,integration,or training services in direct support of,and in conjunction with the purchase of a product.Under such circumstances the services must be performed by the publisher or manufacturer or one of their authorized agents. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. NOTE: Please see the additional terms and conditions applicable to this Special Item Number (SIN)found in a separate attachment to the Solicitation.These terms and conditions do not contain specific and negotiated contractual language for this SIN.The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions.The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. NOTE:This SIN is limited to cybersecurity services only. Software and hardware products are out of scope. Page:25 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINs are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTES: Please see the additional terms and conditions applicable to this Special Item Number(SIN)found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. 1:All non-professional labor categories must be incidental to and used solely to support hardware,software and/or professional services,and cannot be purchased separately. 2:Offerors and Agencies are advised that the Group 70 Information Technology Schedule is not to be used as a means to procure services which properly fall under the Brooks Act. These services include,but are not limited to,architectural,engineering,mapping,cartographic production,remote sensing,geographic information systems,and related services. FAR 36.6 distinguishes between mapping services of an A/E nature and mapping services which are not connected nor incidental to the traditionally accepted A/E Services. 3:This solicitation is not intended to solicit for the reselling of IT Professional Services, except for the provision of implementation,maintenance,integration,or training services in direct support of,and in conjunction with the purchase of a product. Under such circumstances the services must be performed by the publisher or manufacturer or one of their authorized agents. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service JOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except ifyou are a Value Added Reseller(150 employee standard).For more information,please visit http://www.naics.com/naicswp20l4/wp-content/uploads/2014/10/2014-Size_Standards_Table.pdf Sales: $6,823,119,205 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $500,000 NAICS Number Description Business Size 541511 i Custom Computer Programming Services ! $27.5 million 541512 Computer Systems Design Services i $27.5 million 541513 Computer Facilities Management Services 1 $27.5 million �— Page:26 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES 541519 1 Other Computer Related Services s $27.5 million �—� SubSIN Categorie(s): FSC/PSC Class D301 IT AND TELECOM-FACILITY OPERATION AND MAINTENANCE •Facility Management FSC/PSC Class D302 TT AND TELECOM-SYSTEMS DEVELOPMENT •Systems Development Services FSC/PSC Class D306 TT AND"TELECOM-SYSTEMS ANALYSIS •Systems Analysis Services FSC/PSC Class D307 IT AND TELECOM-IT STRATEGY AND ARCHITECTURE •Automated Information Systems Services FSC/PSC Class D308 IT AND TELECOM-PROGRAMMING •Programming Services FSC/PSC Class D310 TT AND TELECOM-CYBER SECURITY AND DATA BACKUP •Backup and Security Services FSC/PSC Class D311 IT AND TELECOM-DATA CONVERSION •Data Conversion Services FSC/PSC Class D313 IT AND TELECOM-COMPUTER AIDED DESIGN/COMPUTER AIDED MANUFACTURING(CAD/CAM) •Computer Aided Design Services •Computer Aided Manufacturing Services PSC/PSC Class D316 IT AND TELECOM-TELECOMMUNICATIONS NETWORK MANAGEMENT •IT Network Management Services FSC/PSC Class D317 IT AND TELECOM-WEB-BASED SUBSCRIPTION •Creation/Retrieval of 11'Related Data Services •Creation/Retrieval of Other Information Services •Creation/Retrival of IT Related Automated News Services FSC/PSC Class D399 IT AND TELECOM-OTHER IT AND TELECOMMUNICATIONS •Other Information Technology Services,Not Elsewhere Classified 132 52---Electronic Commerce and Subscription Services SUBJECT TO COOPERATIVE PURCHASING Includes value added network services,e-mail services,Internet access services,electronic subscription services,data transmission services,and emerging electronic commerce technologies. Page:27 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTES:Electronic Commerce Services are not intended to supersede or be substituted for any voice requirements of FTS2001. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"rill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except if you are a Value Added Reseller(150 employee standard).For more infonmation,please visit http://www.naics.com/naieswp20l4/wp-content/uploads/2014/10/2014-Size_Standards Table.pdf Sales: $275,086,963 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D304 Maximum Order: $500,000 NAICS_ Number Description I Business Size 517110 Wired Telecommunications Carriers 1500 employees 517911 Telecommunications Resellers 1500 employees 517919 All Other Telecommunications $32.5 million 518210 Data Processing,Hosting,and Related Services $32.5 million 519130 Internet Publishing and Broadcasting and Web Search Portals 500 employees i 541519 Other Computer Related Services $27.5 million SubSIN Categorie(s): FSC/PSC Class D304 IT AND TELECOM-TELECOMMUNICATIONS AND TRANSMISSION •E-Mail Services •Internet Access Services •Navigation Services •Value Added Network Services(VANS) Page:28 of 224 FCIS-JB•980001-B Refresh: 41 Part I-GOODS&SERVICES FSC/PSC Class D399 IT AND TELECOM-OTHER IT AND TELECOMMUNICATIONS �� f •Other Data Transmission Services,Not elsewhere classifed 13253 ---Wireless Services-SUBJECT TO COOPERATIVE PURCHASING Wireless Services,including but not limited to Wireless Telecommunications Carriers and Telecommunication Resellers. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation.These terms and conditions do not contain specific and negotiated contractual language for this SIN.The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions.The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Cellular service is one of several services excluded from the World Trade Organization Government Procurement Agreement and the other Free Trade Agreement executed by the United States Government. See FAR 25.401(b). The wireless service offered under this contract has been determined by the GSA Schedule Contracting Officer to be domestic in origin. See FAR 25.402(a)(2). All Nationwide Business Plans under this contract may include no-cost service enabling devices(including,but not limited to cell phones and shall be offered to the general public at no-cost),bundling the devices with cellular service.The service enabling devices are offered on as available basis and may or may not be domestic end products or end products of a designated country.The no-cost devices are not available through this contract apart from ordering cellular service. Equipment is available for purchase under SIN 132-8 or 132-9 or for lease under SIN 132-3 or short term rental under 132-4,where TAA is applicable. As cellular service is excluded from TAA coverage,GSA has used the group offer analysis provided by FAR 25.503(c)(1)and(2)to determine that for the bundled wireless service with no-cost service enabling device,the value of the domestic end product exceeds 50 percent of the total proposed price of the group,therefore the bundled cellular service and service enabling device group offer is evaluated as domestic and eligible for award. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EU LAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products,services,and prices which may be included. Note:Commercially available products under this solicitation may be covered by the Energy Star or Electronic Product Environmental Assessment Tool(EPEAT)programs.For applicable products,offerors are encouraged to offer Energy Star-qualified products and EPEAT-registered products,at the Bronze level or higher.If offerors opt to offer Energy Star or Electronic Product Environmental Assessment Tool(EPEAT)products then they shall identify by model which products offered are Energy Star-qualified and EPEAT-registered, broken out by registration level of bronze,silver,or gold.Visit the Green Procurement Compilation,www.sftool.gov/greenprocurement for a complete list of products covered by these programs. l NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically Page:29 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a / TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS arc offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTES:Exception:According to SBA standards NAICS code 541519 has the dollar value standard of$27.5 million except if you are a Value Added Reseller(150 employee standard). For more information,please visit http://www.naics.com/naieswp20l4/wp-content/uploads/2014/l0/2014-Sizc—Standards_Tabic.pdf Sales: $490,054,646 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D304 Maximum Order: $500,000 NAICS _ Number Description Business Size 517210 ! Wireless Telecommunications Carriers(except Satellite) 1500 employees 517911 Telecommunications Resellers 1500 employees 517919 ' All Other Telecommunications $32.5 million 541519 Other Computer Related Services 27.5 million SubSIN Categorie(s): FSC/PSC Class D304 IT AND TELECOM-TELECOMMUNICATIONS AND TRANSMISSION •Cellular/PCS Voice Services •Paging Services 132 54--Commercial Satellite Communications(COMSATCOM) Transponded Capacity— SUBJECT TO COOPERATIVE PURCHASING Includes owning/operating or reselling dedicated bandwidth and power on a communications satellite in any available COMSATCOM frequency band,including,but not limited to,L-,S-, C-,X-,Ku-,extended Ku-,Ka-,and UHF.COMSATCOM Transponded Capacity refers to satellite bandwidth and power only.Such services allow customer-proposed waveforms,and industry approved solutions to apply leased bandwidth to meet individual requirements as needed. COMSATCOM Transponded Capacity includes all services necessary to allow the customer to use the transponded capacity,including: limited engineering(e.g.,development of link budgets,transmission plans);basic customer training(e.g.,acquiring satellite signal, peak and polarization);core management and control of the transponded capacity;and required approvals(e.g.,frequency clearances,landing rights). Host Nation Agreements (HNAs)will be priced separately when required. COMSATCOM Transponded Capacity requirements range from small fractions of a single transponder within a single coverage area to multiple transponders on multiple satellites with worldwide coverage for short durations measured in hours or days to long durations measured in years. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically > report the price the federal government paid for an item or service purchased through GSA Page:30 of 224 FCIS-R-980001-B Refresh: 41 Part I-GOODS&SERVICES acquisition vehicles. The TDR PILOT APPLIES TO THIS SIN. If a TDR covered SIN(s)is included on a contract or offer with non-TDR SIN(s),then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements arc removed for the entire contract. However, the TDR clause does not exempt the contractor from existing reporting requirements found elsewhere in the contract As such,Contractors under the TDR Pilot on SINs 132-54 and 55 will continue to report the program specific requirements under the enhanced quarterly reporting requirements. With future system enhancements,collections may merge into one portal. NOTE: Equipment is available for purchase under SIN 132-8 or 132-9 or for lease under SIN 132-3 or short term rental under 132-4. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Sales: $292,138,316 Sales Period: Oct 1,2014 to Sep 30,2015 _y Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D304 Maximum Order: $500,000 NAICS Number T Description Business Size 517410 Satellite Telecommunications $32.5 million 132 55---Commercial Satellite Communications(COMSATCOM) Subscription Services--SUBJECT TO COOPERATIVE PURCHASING Includes COMSA"rCOM Subscription Services consisting of pre-existing,pre-engineered Fixed Satellite Service and/or Mobile Satellite Service solutions,typically including shared or dedicated satellite resources,ancillary terrestrial components,and Contractor specified networks and equipment,in any available COMSATCOM frequency band,including,but not limited to,l:,S-,C-,X-,Ku-,extended Ku,Ka-,and UI-IF.Subscription Services utilize Contractor-determined waveforms and are billed on a per-use basis(e.g.,dollars per minute, dollars per megabyte,dollars per month).Subscription service rates include the network management,monitoring,engineering,integration,and operations required to deliver the services.Equipment may be included as part of the Subscription Services.Subscription Services also include leasing dedicated channels using the service provider's waveform and technology,with guaranteed capacity and Quality of Service(QoS).Subscription Services also includes on demand/occasional use solutions.The COMSATCOM Subscription Services offered include but are not limited to:satellite-based Internet,voice,data,and video services; Emergency Response/Disaster Recovery voice and data networks;worldwide digital transmission to connect mobile terminals to terrestrial networks;connectivity to the Internet Page:31 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES via satellite,whereby satellite communications service is delivered through portable satellite IP modems;and other pre-existing,pre-engineered Fixed Satellite Services,Mobile Satellite Services,or hybrid Fixed Satellite Services/Mobile Satellite Services solutions. NOTE: Equipment is available for purchase under SIN 132-8 or 132-9 or for lease under SIN 132-3 or short term rental under 132-4. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT APPLIES TO THIS SIN. If a TDR covered SIN(s)is included on a contract or offer with non-TDR SIN(s),then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract. However, the TDR clause does not exempt the contractor from existing reporting requirements found elsewhere in the contract As such,Contractors under the TDR Pilot on SINs 132-54 and 55 will continue to report the program specific requirements under the enhanced quarterly reporting requirements. With future system enhancements,collections may merge into one portal. NOTE:As such,Contractors under TDR on SINS 132-54 and 55 will continue to report the program specific requirements under the enhanced quarterly reporting requirements. With future system enhancements,collection may merge in one portal. NOTE: Please see the additional terms and conditions applicable to this Special Item Number (SIN)found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Sales: $97,717,175 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSCIPSC Code: D304 Maximum Order: $500,000 NAICS Number Description Business Size 517410 Satellite Telecommunications $32.5 million 132 56--Health Information Technology Services- SUBJECT TO COOPERATIVE PURCHASING Includes a wide range of Health IT services to include connected health,electronic health records,health information exchanges,health analytics,personal health information management,innovative Health IT solutions,health informatics,emerging Health IT research, and other Health IT services. 01 Page:32 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES NOTE: Please see the additional terms and conditions applicable to this Special Item Number (SIN)found in a separate attachment to the Solicitation.These terms and conditions do not contain specific and negotiated contractual language for this SIN.The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions.The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. NOTE:This SIN is limited to Health IT services only. Software and hardware products are out of scope. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINs are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."IfNON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. Sales: $0 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $500,000 NAICS Number Description Business Size 511210 Software Publishers $38.5 million 541511 Custom Computer Programming Services $27.5 million 541512 Computer Systems Design Services $27.5 million 541519 1 Other Computer Related Services $27.5 million SubSIN Categorie(s): FSC/PSC Class D302 IT AND TELECOM-SYSTEMS DEVELOPMENT •Systems Development Services FSC/PSC Class D306 IT AND TELECOM-SYSTEMS ANALYSIS •Systems Analysis Services FSC/PSC Class D307 IT AND TELECOM-IT STRATEGY AND ARCHITECTURE •Automated Information Systems Services FSC/PSC Class D308 It AND TELECOM-PROGRAMMING •Programming Services FSC/PSC Class D310 IT ANDTELECOM-CYBER SECURITY AND DATA BACKUP •Backup and Security Services FSC/PSC Class D311 IT AND TELECOM-DATA CONVERSION _r •Data Conversion Services Page:33 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES FSC/PSC Class D313 IT AND TELECOM-COMPUTER AIDED DESIGN/COMPUTER AIDED MANUFACTURING(CAD/CAM) �f •Computer Aided Design Services •Computer Aided Manufacturing Services FSC/PSC Class D316 IT AND TELECOM-TELECOMMUNICATIONS NETWORK MANAGEMENT •IT Network Management Services FSC/PSC Class D317 IT AND TELECOM-WEB-BASED SUBSCRIPTION •Creation/Retrieval of IT Related Automated News Services •Creation/Retrieval of IT Related Data Services •Creation/Retrieval of Other Information Services FSC/PSC Class D399 IT AND TELECOM-OTHER IT AND TELECOMMUNICATIONS •Other Information Technology Services,Not Elsewhere Classified 132 60A--- Electronic Credentials,Not Identity Proofed (Assurance Level 1 -OMB M-04-04)Managed Service Offering-SUBJECT TO COOPERATIVE PURCHASING Includes managed service offerings that allow customer agencies to interface applications to the hosted service to act as its identity authentication agent and validate application users or subscribers as they attempt to log in to the agency application. This service offering does not include the requirement to know the true identity of the user.Agencies will rely on the authentication service in granting account access to the user. Offerings must include policy-compliant agency setup,testing,credential issuance,subscriber customer service account management,revocation,and credential validation as part of the basic service. Technical evaluation criteria are: - Successful completion of Level I Credential Assessment Include Assessment Report -Successful completion ofapplicablc interoperability testing Include Test Report -Compliance with guidance in NIST SP 800-63,OMB Memorandum 04-04 and the Credential Assessment Framework NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTE:Integrated access control systems including planning,design,installation,monitoring and service,as well as products are found on Schedule 84. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain Page:34 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User license Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except i f you are a Value Added Reseller(150 employee standard).For more information,please visit hup://www.naics.com/naicswp20l 4/wp-content/uploads/2014/10/2014-S ize_Standards_'I'abic.pdf Sales: $358,908 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $1,000,000 NAICS Number Description Business Size 541519 Other Computer Related Services $27.5 million SubSIN Categorie(s): t FSC/PSC Class D3991T AND TELECOM-OTHER 1T AND TELECOMMUNICATIONS -Identity Authentication Agents and Application User Validation 132 60B--- Electronic Credentials, Identity Proofed (Assurance Level 2 OMB M-04-04) Managed Service Offering-SUBJECT TO COOPERATIVE PURCHASING Includes managed service offerings that allow customer agencies to interface applications to the hosted service to act as its identity authentication agent and validate application users or subscribers as they attempt to log in to the agency application. This service offering includes the requirement to know the true identity of the user.Agencies will rely on the authentication service in granting account access to the user. Offerings must include policy-compliant agency setup,testing,identity proofing,credential issuance,subscriber customer service account management,revocation,and credential validation as part of the basic service. Technical evaluation criteria are: -Successful completion of Level 2 Credential Assessment Include Assessment report -Successful completion of applicable interoperdbility testing Include Test Report -Compliance with guidance in NIST SP 800-63,OMB Memorandum 04-04 and the Credential Assessment Framework NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA ` acquisition vehicles. The'TDR PILOT DOES NO'T APPLY TO THIS SIN,EXCEPT if a Page:35 of 224 FCIS-JB-980001-8 Refresh: 41 Part I-GOODS&SERVICES TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTE: Integrated access control systems including planning,design,installation,monitoring and service,as well as products are found on Schedule 84. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or"Perms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except i f you are a Value Added Reseller(150 employee standard).I-or more information,please visit h ttp://www.naics.com/naicswp20l 4/wp-content/uploads/2014/10/2014-S izc—Standards_*I'ab le.pd f Sales: $0 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $1,000,000 NAICS Number Description Business Size 1 541519 � Other Computer Related Services $27.5 million SubSIN Categorie(s): FSC/PSC Class D399 IT AND TELECOM-OTHER IT AND TELECOMMUNICATIONS -Identity Authentication Agents and Application User Validation 132 60C-- Digital Certificates,including ACES(Assurance Level 3 and 4 OMB M-04-04)-SUBJECT TO COOPERATIVE PURCHASING Managed services that include the issuance of digital certificates for use by customers to access government online systems. This service offering includes the requirement to know the true identity of the user.Agencies will rely on the validation by the Certification Authority (CA)as proof of certificate validity and grant access to the user. Offerings must include policy compliant ID proofing,Credential issuance,continued account management, revocation,and certificate validation as part of the basic service. Technical evaluation criteria are: -Successful completion of Level 3 and 4 Credential Assessment Page:36 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES Include Assessment report -ACES Security Certification and Accreditation(C&A)as a condition of �- obtaining and retaining approval to operate as a Certification Authority (CA)under the ACES Certificate policy and the GSA ACES Program. Include Authorization to Operate(ATO)letter. -Common criteria for other Certification Authorities cross certified by the Federal Bridge -Compliance with guidance in NIST SP 800-63,OMB Memorandum 04-04 and the Credential Assessment Framework NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTE:Integrated access control systems including planning,design,installation,monitoring and service,as well as products are found on Schedule 84. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terns of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except ifyou are a Value Added Reseller(150 employee standard).For more information,please visit http://www.naics.com/naicswp20l 4/wp-contenUuploads/2014/10/2014-Size_Standards_Table.pdf Sales: $183,600 Sales Period: Oct I,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $1,000,000 NAICS Number Description Business Size 541519 Other Computer Related Services ! $27.5 million SubSIN Categorie(s): FSC/PSC Class D399 IT AND TELECOM-OTHER IT AND TELECOMMUNICATIONS Page:37 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES •Encryption Certificates •Signature Certificates 132 60D---E-authentication Hardware Tokens-SUBJECT TO COOPERATIVE PURCHASING An optional hardware token for generation of ACES key pairs and storage of the private key. Offerings must be: -Listed on GSA s FIPS 201 Approved Products List. Crypto Modules must be FIPS 140-2 validated. NOTE: The Transactional Data Reporting(CDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINs are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTE:Integrated access control systems including planning,design,installation,monitoring and service,as well as products are found on Schedule 84. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except if you are a Value Added Reseller(150 employee standard).For more information,please visit http://www.naies.com/naicswp20l 4/wp-content/uploads/2014/10/2014-S izc_Standards_Table.pdf Sales: $39,232 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $1,000,000 NAICS Number Description Business Size 541519 Other Computer Related Services $27.5 million SubSIN Categorie(s): FSC/PSC Class D399 IT AND TELECOM-OTHER IT AND Page:38 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES TELECOMMUNICATIONS •Hardware Tokens-An optional hardware token for generation of key pairs -� and storage of the private key 132 60E---Remote Identity and Access Managed Service Offering- SUBJECT TO COOPERATIVE PURCHASING Managed services that allow agencies to interface to the hosted service that is aggregating multiple identity sources into a single interface,and to use policy compliant sources to validate application users or subscribers as they attempt to log in to agency applications. This service offering includes the requirement to know the claimed identity of the user.Agencies will rely on the output in granting account access to the user. Offerings must include precursor services such as bulk load,testing,identity proofing,credential issuance,subscriber customer service account management,revocation,and credential validation as part of the basic service.Also includes translation and validation services,and partial services such as 3rd-party identity proofing or secure hosting. Technical evaluation criteria are: -Demonstrated compliance with NIST SP 800-63,as applicable to the technologies being utilized by the offeror. -Compliance with published E-Authentication architecture,verified by a clearance letter from GSA s Office ofGovernmentwide Policy. -Compliance with OMB M-04-04. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and .- 132-8). If both TDR and NON TDR SINs are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTE:Integrated access control systems including planning,design,installation,monitoring and service,as well as products are found on Schedule 84. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except if you are a Value Added Rescuer(150 employee standard).For more information,please visit http://www.naics.com/naicswp20l4/wp-content/uploads/2014/10/2014-Size_Standards Table.pdf r Sales: $326,424 Page:39 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $1,000,000 NAICS Number Description ! Business Size 541519 Other Computer Related Services $27.5 million 1 SubSIN Categorie(s): FSC/PSC Class D399 IT AND TELECOM-OTHER IT AND TELECOMMUNICATIONS -Multiple Identity Source Aggregation and Application User Validation 132 60F--Identity and Access Management Professional Services- SUBJECT TO COOPERATIVE PURCHASING Supports planning, risk assessment,deployment,implementation and integration services for customer agency applications,including operations and customer service,for both certificate-based and non-certificate-based applications. Technical evaluation criteria are: -Documented experience with deployment of policy-compliant Identity and Access Management projects in government agencies. This includes IAM technologies and standards,including Security Assertion Markup Language(SAML),Public Key Infrastructure(PKI)and the WS-Federation specification. Offerors should describe in detail their competencies when proposing under this SIN. -Offerors must describe their involvement in at least 2 prior federal government application deployment projects for public-facing IT systems. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTE:Integrated access control systems including planning,design,installation,monitoring and service,as well as products are found on Schedule 84. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering Page:40 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except if you are a Value Added Reseller(150 employee standard).For more information,please visit http://www.naies.com/naicswp20l 4/wp-content/uploads/2014/10/2014-S ize_Standards_Table.pdf Sales: $12,077,500 Sales Period: Oct I,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $1,000,000 NAICS Number j Description I Business Size 541519 Other Computer Related Services $27.5 million SubSIN Categorie(s): FSC/PSC Class D399 IT AND TELECOM-OTHER IT AND TELECOMMUNICATIONS • Public Key Infrastructure(PKI)Professional Services to support implementation and integration for ordering activities'applications 13261 --- Public Key Infrastructure(PKI)Shared Service Providers(PKI SSP)Program This program provides PKI services and digital certificates for use by Federal employees and contractors to the Federal Government in accordance with the X.509 Certificate Policy for the U.S.Federal PKI Common Policy Framework. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTE:Federal agencies are advised that any authentication products they procure in order to facilitate access to Federal resources by external partners must meet the requirements of the E-Authentication Guidance for Federal Agencies for the level of assurance identified for the identified Federal resources. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Page:41 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except if you are a Value Added Reseller(150 employee standard).For more inforrnation,please visit http://www.naics.com/naicswp20l4/wp-content/uploads/2014/10/2014-Size_Standards_Table.pdf Sales: $4,587,606 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $1,000,000 NAICS Number I Description i Business Size 541519 Other Computer Related Services i $27.5 million SubSIN Categorie(s): FSC/PSC Class D399 IT AND TELECOM-OTHER IT AND TELECOMMUNICATIONS •Digital Signature Certificates •Key Management(Encryption)Certificates •Personal Identity Verification Authentication Certificates •Public Key Infrastructure(PKI)Professional Services •Shared Services Providers •Smart Card Authentication Certificates X.509 Digital Certificate Products and accompanying PKI Services for internal use in Federal agencies and systems. This facilitates physical and electronic access to government facilities and networks by authorized personnel using public key infrastructure/digital signature technology that meets the U.S. Federal Public Key Infrastructure(PKI)Common Policy Framework,and is a key enabler of identity assurance within the Federal sector for access control protecting Federal networks and information systems from unauthorized access,interception,and tampering. NOTE TO FEDERAL AGENCIES: Homeland Security Presidential Directive 12(HSPD-12), "Policy for a Common Identification Standard for Federal Employees and Contractors"establishes the requirement for a mandatory Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and contractors(including contractor employees)in order to enhance security,increase Government efficiency,reduce identity fraud,and protect personal privacy. Further,the Directive requires the Department of Commerce to promulgate a Federal standard for secure and reliable forms of identification within six months of the date of the Directive. As a result,the National Institute of Standards and Technology released Federal Information Processing Standard(FIPS)201:Personal Identity Verification of Federal Employees and Contractors on February 25,2005. FIPS 201 requires that the digital certificates incorporated into the Personal Identity Verification identity credentials comply with the X.509 Certificate Policy for the U.S.Federal PKI Common Policy Framework. The Federal Government has established the PKI Shared Service Provider Program to insure that Digital Certificate Service Providers are compliant with the X.509 Certificate Policy for the U.S. Page:42 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES Federal PKI Common Policy Framework. Digital certificate service providers whose services are i. deemed to be compliant will be eligible to participate in this program.Federal agencies are advised —' that they may only procure X.509 digital certificates and services for internal use that meet the requirements established in FIPS 201. 13262--- Products and services for agencies to implement the requirements of HSPD-12,FIP S-201 and associated NIST special publications.The HSPD-12 implementation components specified under this SIN are: HSPD-12,Approved Products List-Products and Service Components(FPDS D399):SIN 132-62 is established for products and services for agencies to implement the requirements of HSPD-12,FIPS-201. These products and services are required to be on the APL,and have been evaluated and approved under the GSA FIPS 201 Evaluation Program. The Approved Products List can be accessed at www.fips20lep.cio.gov/apl.php.All items must be identified and uploaded into GSA Advantage!using the specific hardware version,software version,and firmware version. _Card Reader-Authentication Key _Card Reader-Biometric _Card Reader-CHUID(Contact) _Card Reader-CHUID(Contactless) _Card Reader-CHUID Authentication Reader(Contact) _Card Reader-CHUID Authentication Reader(Contactless) _Card Reader-Transparent _Cryptographic Module i _Electromagnetically Opaque Sleeve �•_._, _Electronic Personalization(Product) _Electronic Personalization(Service) _Facial Image Capturing(Middleware) _Facial Image Capturing Camera ,Fingerprint Capture Station _OCSP Responder _PIV Card _PIV Card Delivery _Graphical Personalization Service _Card Printer Station _PIV Middleware _Single Fingerprint Capture Device _Template Generator _Template Matcher NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINs are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTE:HSPD-12 Product and Service components facilitates trusted physical and electronic access to government facilities and networks using smart card technology. Personal Identity Page:43 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES Verification(PIV)Credentials and Services are a key enabler of identity assurance for access control and protects Federal facilities and information systems from unauthorized access, interception,and tampering. Please see the additional terms and conditions applicable to this Special Item Number(SIN) found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EUI_As)or Terms of Service JOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except if you are a Value Added Reseller(150 employee standard).For more information,please visit http://www.naics.com/naicswp20l 4/wp-content/uploads/2014/10/2014-Siz.e_Standards_*I'able.pdr Sales: $55,940,259 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: D399 Maximum Order: $1,000,000 NAICS Number { Description 4 Business Size 541519 1 Other Computer Related Services I $27.5 million SubSIN Categorie(s): FSC/PSC Class D399 TT AND TELECOM-OTI IF.R IT AND "TELECOMMUNICATIONS •Approved FIPS-201 Compliant Products •Approved FIPS-201 Compliant Services •Card Delivery Services •Card Printer Stations •Cyptographic Module •Electromagnetically Opaque Sleeve •Electronic Personalization •Facial Image Capturing(Middleware) •Facial Image Capturing Camera •Fingerprint Capture Station •Graphical Printing/Card Printer •OCSP Responder •PIV Card •PIV Card Activation and Finalization Products •PIV Card Activation and Finalization Services •PIV Card Management and Production Products •PIV Card Management and Production Services •PIV Card Reader-Biometric Page:44 of 224 FCIS-JB-980001-8 Refresh: 41 Part I-GOODS&SERVICES •PIV Card Reader-CHUID(Contact) •PIV Card Reader-CHUID(Contactless) —� •PIV Card Reader-Transparent •PIV Enrollment and Registration,Products •PIV Enrollment and Registration,Services •PIV Infrastructure Products •PIV Infrastructure Services •PIV Integration Products and Services •PIV Logical Access Control Products •PIV Middleware •PIV Physical Access Control Products •Single Fingerprint Capture Device •Template Generator •Template Matcher NOTE: Homeland Security Presidential Directive 12:Policy for a Common Identification Standard for Federal Employees and Contractors establishes the requirement for a mandatory Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and contractors(including contractor employees)in order to enhance security,increase Government efficiency,reduce identity fraud,and protect personal privacy. Further,the Directive requires the Department of Commerce to promulgate a Federal standard for secure and reliable forms of identification within six months of the date of the Directive. Asa result,the National Institute of Standards and Technology(MIST)released Federal Information Processing Standard(FIPS)201:Personal Identity Verification of Federal Employees and Contractors on February 25,2005. FIPS 201 requires that Federal identity badges referred to as PIV credentials,issued to Federal employees and contractors comply with the Standard and ' associated Special Publications 800-73,800-76,800-78,and 800-79. 13299---Introduction of New Information Technology Services and/or Products -SUBJECT TO COOPERATIVE PURCHASING New IT product,service and/or solution within the scope of the Federal Supply Schedule,but not currently available under any Federal Supply Service contract-that provides a new service,function,task,or attribute that may provide a more economical or efficient means for Federal agencies to accomplish their mission. It may be a new product,service and/or solution existing in the commercial market,but not yet introduced to the Federal Government. Note:Commercially available products under this solicitation may be covered by the Energy Star or Electronic Product Environmental Assessment Tool(EPEAT)programs.For applicable products,offerors are encouraged to offer Energy Star-qualified products and EPEAT-registered products,at the Bronze level or higher.If offerors opt to offer Energy Star or Electronic Product Environmental Assessment Tool(EPEAT)products then they shall identify by model which products offered are Energy Star-qualified and EPEAT-registered, broken out by registration level of bronze,silver,or gold.Visit the Green Procurement Compilation,www.sftool.gov/greenprocurement for a complete list of products covered by these programs. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) Page:45 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP. NOTE: Please see the additional terms and conditions applicable to this Special Item Number (SIN)found in a separate attachment to the Solicitation. These terms and conditions do not contain specific and negotiated contractual language for this SIN. The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for this applicable SIN when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements(EULAs)or Terms of Service JOS)Agreements,which will assist the ordering activities with reviewing the terms and conditions and additional products and services and prices which,may be included. Exception:According to SBA standards NAICS code 541519 has the dollar value standard of $27.5 million except if you are a Value Added Reseller(150 employee standard).For more information,please visit http://www.naies.com/naieswp20l 4/wp-content/uploads/2014/10/2014-Size_Standards_Table.pdf Sales: $2,052,518 Sales Period: Oct I,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Code: 7010 Maximum Order: $1,000,000 NAICS Number Description Business Size 334290 Other Communications Equipment Manufacturing 750 employeesv� 541490 Other Specialized Design Services $7.5 million 541511 Custom Computer Programming Services $27.5 million 541512 Computer Systems Design Services $27.5 million 541519 Other Computer Related Services $27.5 million SubSIN Categorie(s): FSC/PSC Class 5895 MISCELLANEOUS COMMUNICATION EQUIPMENT •Custom Computer System Design/Programming Services FSC/PSC Class 7010 ADPE SYSTEM CONFIGURATION •Custom Computer System Design/Programming Services FSC/PSC Class 7030 ADP SOFTWARE •Custom Computer System Design/Programming Services Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An iternikOM#s interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov FSC/PSC Class N058 INSTALLATION OF EQUIPMENT- Page:46 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES COMMUNICATION,DETECTION,AND COHERENT RADIATION EQUIPMENT _i •Custom Computer System Design/Programming Services FSC/PSC Class R413 SUPPORT-PROFESSIONAL:SPECIFICATIONS DEVELOPMENT •Custom Computer System Design/Programming Services FSC/PSC Class R414 •Custom Computer System Design/Programming Services FSC/PSC Class R421 •Custom Computer System Design/Programming Services 132 100--Ancillary Supplies and/or Services- SUBJECT TO COOPERATIVE PURCHASING Ancillary supplies and/or services are support supplies and services which are not within the scope of any other SIN on this schedule. These supplies and/or services may only be ordered in conjunction with or in support of supplies and/or services purchased under another SIN(s) in this solicitation to provide a solution to a customer requirement.This SIN may be used for orders and blanket purchase agreements that involve work or a project that is solely associated with the supplies and/or services purchased under this schedule. This SIN EXCLUDES purchases that are exclusively for supplies and/or services already available under another schedule and is limited to information technology(IT)products and/or services. Special Instructions:The work performed under this SIN shall be associated with existing SINS that are part of this schedule. Ancillary supplies and/or services shall not be the primary purpose of the work ordered,but be an integral part of the total solution offered. Ancillary supplies and/or services may only be ordered in conjunction with or in support of supplies and/or services purchased under another SIN in this schedule.Offerors may be required to provide additional information to support a determination that their proposed ancillary supplies and/or services are commercially offered in support of one or more SINs under this schedule. Note:Commercially available products under this solicitation may be covered by the Energy Star or Electronic Product Environmental Assessment Tool(EPEAT)programs.For applicable products,offerors are encouraged to offer Energy Star-qualified products and EPEAT-registered products,at the Bronze level or higher.If offerors opt to offer Energy Star or Electronic Product Environmental Assessment Tool(EPEAT)products then they shall identify by model which products offered are Fnergy Star-qualified and EPEAT-registered, broken out by registration level of bronze,silver,or gold.Visit the Green Procurement Compilation,www.sftool.gov/greenprocurement for a complete list of products covered by these programs. NOTE: The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if a TDR-covered SIN(s)is proposed as part of your total offering to GSA(e.g.offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered,then the entire contract is subject to TDR and the Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements are removed for the entire contract."If NON TDR SIN(s)are offered only,then the offering will be subject to the PRC and CSP." Page:47 of 224 FCIS-J13-980001-131 Refresh: 41 Part I-GOODS&SERVICES NOTE: Exception:According to SBA standards NAILS code 541519 has the dollar value standard of$27.5 million except if you are a Value Added Reseller(150 employee standard). 4 For more information,please visit http://www.naics.com/naicswp20l 4/wp-content/uploads/2014/10/2014-S ize_Standards_Tab le.pd f Sales: $30,474,017 Sales Period: Oct 1,2014 to Sep 30,2015 Cooperative Purchasing: Yes Set Aside: No FSC/PSC Cade: 7010 Maximum Order: $150,000 NAICS _ Number Description Business Size 334111 Electronic Computer Manufacturing 1000 employees 334112 Computer Storage Device Manufacturing 1000 employees 334210 Telephone Apparatus Manufacturing 1000 employees 334290 Other Communications Equipment Manufacturing 750 employees 541511 Custom Computer Programming Services $27.5 million 541519 Other Computer Related Services _ $27.5 million SubSIN Categorie(s): FSC/PSC Class 7010 ADPE SYSTEM CONFIGURATION •Ancillary Supplies and/or Services FSC/PSC Class D399 IT AND TELECOM-OTHER IT AND TELECOMMUNICATIONS •Ancillary Supplies and/or Services Begin Regulation B-FSS-96 ESTIMATED SALES(NOV 1997) The"Estimated Sales"column of the Schedule of Items shows(1)a twelve-month reading of purchases in dollars or purchases in units as reported by the previous Contractor(s),or(2)estimates of the anticipated dollar volume where the item is new.The absence of a figure indicates that neither reports of previous purchases nor estimates of sales are available. The SINS for schedule number 070 are listed below SIN# SIN Title Total Sales in$ 1323 Leasing of Products-SUBJECT TO COOPERATIVE $25,793,253 PURCHASING 1324 Daily/Short Term Rental-SUBJECT TO COOPERATIVE $1,169,069 PURCHASING 1328 Purchase Of New Equipment-SUBJECT TO $1,314.148,373 COOPERATIVE PURCHASING 3 1329 Purchase of Used or Refurbished Equipment-SUBJECT $10,299,297 Page:48 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS 8 SERVICES TO COOPERATIVE PURCHASING 13212 Equipment Maintenance-SUBJECT TO COOPERATIVE $279,232,192 -' PURCHASING 13232 Term Software License-SUBJECT TO COOPERATIVE $490,608,032 PURCHASING 13233 Perpetual Software License-SUBJECT TO $2,729,355,073 COOPERATIVE PURCHASING 13234 Maintenance of Software as a Service-SUBJECT TO $908,489,265 COOPERATIVE PURCHASING 13240 Cloud Computing Services- SUBJECT TO $0 COOPERATIVE PURCHASING 132 45A Penetration Testing-SUBJECT TO COOPERATIVE $0 PURCHASING 132 45B Incident Response--SUBJECT TO COOPERATIVE $0 PURCHASING 132 45C Cyber Hunt--SUBJECT TO COOPERATIVE $0 PURCHASING 132 45D Risk and Vulnerability Assessments(RVA)--SUBJECT TO $0 COOPERATIVE PURCHASING 13250 Training Courses -SUBJECT TO COOPERATIVE $71,088,136 PURCHASING 13251 Information Technology Professional Services--SUBJECT $6,823,119,205 TO COOPERATIVE PURCHASING 13252 Electronic Commerce and Subscription Services $275,086,963 SUBJECT TO COOPERATIVE PURCHASING 13253 Wireless Services-SUBJECT TO COOPERATIVE $490,054,646 PURCHASING 13254 Commercial Satellite Communications(COMSATCOM) $292,138,316 Transponded Capacity--SUBJECT TO COOPERATIVE PURCHASING 13255 Commercial Satellite Communications(COMSATCOM) $97,717,175 Subscription Services--SUBJECT TO COOPERATIVE PURCHASING 13256 Health Information Technology Services-SUBJECT TO $0 COOPERATIVE PURCHASING 132 60A Electronic Credentials, Not Identity Proofed(Assurance $358,908 Level 1 -OMB M-04-04)Managed Service Offering- SUBJECT TO COOPERATIVE PURCHASING 132 60B Electronic Credentials, Identity Proofed(Assurance Level 2 $0 OMB M-04-04)Managed Service Offering-SUBJECT TO COOPERATIVE PURCHASING 132 60C Digital Certificates,including ACES(Assurance Level 3 and $183,600 4 OMB M-04-04)-SUBJECT TO COOPERATIVE PURCHASING 132 60D E-authentication Hardware Tokens-SUBJECT TO $39,232 COOPERATIVE PURCHASING 132 60E Remote Identity and Access Managed Service Offering- $326,424 SUBJECT TO COOPERATIVE PURCHASING Page:49 of 224 FCIS-JB-980001-B Refresh: 41 Part I-GOODS&SERVICES 132 60F Identity and Access Management Professional Services- $12,077,500 SUBJECT TO COOPERATIVE PURCHASING 13261 Public Key Infrastructure(PKI)Shared Service Providers $4,587,606 (PKI SSP)Program 13262 Products and services for agencies to implement the $55,940,259 requirements of HSPD-12,FIP S-201 and associated NIST special publications.The HSPD-12 implementation components specified under this SIN are: 13299 Introduction of New Information Technology Services and/or $2,052,518 Products -SUBJECT TO COOPERATIVE PURCHASING 132 100 Ancillary Supplies and/or Services-SUBJECT TO $30,474,017 COOPERATIVE PURCHASING Note: Regulation B-FSS-96 Page:50 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS Part II - CONTRACT TERMS AND CONDITIONS Upon award,the contractor will receive a copy of the fully executed SF1449,signed by the contracting officer. Please reference the additional terms and conditions applicable to the Special Item Numbers(SINs)found in the separate attachment entitled"Critical Information". The Schedule contractor may have submitted additional information to complete the"fill-in"to the terms and conditions. The ordering activities shall request the Schedule contractors to submit these additional contract terms and conditions for the applicable SIN(s)when responding to an order. Ordering activities may request from Schedule contractors their awarded End User License Agreements (EULAs)or Terms of Service(TOS)Agreements,which will assist the ordering activities with reviewing the additional terms and conditions,products,services,and prices. For any subsequent contract modifications,the contractor will receive a fully executed SF30,signed by the contracting officer,to indicate that the contractual action is complete. Begin Regulation 52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (JUN 2010) (a)The Contractor shall post notice of employees rights and remedies for whistleblower protections provided under section 1553 of the American Recovery and Reinvestment Act of 2009(Pub.L. 111-5) (Recovery Act). (b)The Contractor shall include the substance of this clause,including this paragraph(b),in all subcontracts that are funded in whole or in part with Recovery Act funds. Begin Regulation 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT(SEP 2006)(ALTERNATE I—OCT 1995) (a)Except as provided in(b)below,the Contractor shall not enter into any agreement with an actual or prospective subcontractor,nor otherwise act in any manner,which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process(including computer software)made or furnished by the subcontractor under this contract or under any follow-on production contract. (b)The prohibition in paragraph(a)of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation. For acquisitions of commercial items,the prohibition in paragraph(a)applies only to the extent that any agreement restricting sales by subcontractors results in the Federal Government being treated differently from any other prospective purchaser for the sale of the commercial item(s). (e)The Contractor agrees to incorporate the substance of this clause,including this paragraph(c),in all subcontracts under this contract which exceed the simplified acquisition threshold. Begin Regulation 52.204-10 REPORTING EXECUTIVE COMPENSATION AND �._ FIRST-TIER SUBCONTRACT AWARDS(OCT 2015) Page:51 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (a)Definitions.As used in this clause: "Executive"means officers,managing partners,or any other employees in management positions. "First-tier subcontract"means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services(including construction)for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors,such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs. "Month of award"means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor. "Total compensation"means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following(for more information see 17 CFR 229.402(c)(2)): (1)Salary and bonus. (2)Awards of stock,stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification(FASB ASC)718,Compensation-Stock Compensation. (3)Earnings for services under non-equity incentive plans.This does not include group life, health,hospitalization or medical reimbursement plans that do not discriminate in favor of executives,and are available generally to all salaried employees. (4)Change in pension value.This is the change in present value of defined benefit and actuarial pension plans. (5)Above-market earnings on deferred compensation which is not tax-qualified. (6)Other compensation,if the aggregate value of all such other compensation(e.g.,severance, termination payments,value of life insurance paid on behalf of the employee,perquisites or property)for the executive exceeds$10,000. (b)Section 2(d)(2)of the Federal Funding Accountability and Transparency Act of 2006(Pub. L. 109-282),as amended by section 6202 of the Government Funding Transparency Act of 2008(Pub. L. 110-252),requires the Contractor to report information on subcontract awards.The law requires all reported information be made public,therefore,the Contractor is responsible for notifying its subcontractors that the required information will be made public. (c)Nothing in this clause requires the disclosure of classified information. (d) (1)Executive compensation of the prime contractor.As a part of its annual registration requirement in the System for Award Management(SAM)database(FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year,if— (i)In the Contractor's preceding fiscal year,the Contractor received— (A)80 percent or more of its annual gross revenues from Federal contracts(and subcontracts),loans,grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;and (B)$25,000,000 or more in annual gross revenues from Federal contracts(and Page:52 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS subcontracts),loans,grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;and (ii)The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986.(To determine if the public has access to the compensation information,see the U.S.Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.). (2)First-tier subcontract information.Unless otherwise directed by the contracting officer,or as provided in paragraph(g)of this clause,by the end of the month following the month of award of a first-tier subcontract with a value of$30,000 or more,the Contractor shall report the following information at http://www.fsrs.gov for that first-tier subcontract.(The Contractor shall follow the instructions at http://www.fsrs.gov to report the data.) (i)Unique identifier(DUNS Number)for the subcontractor receiving the award and for the subcontractor's parent company,if the subcontractor has a parent company. (ii)Name of the subcontractor, (iii)Amount of the subcontract award. (iv)Date of the subcontract award. (v)A description of the products or services(including construction)being provided under the subcontract,including the overall purpose and expected outcomes or results of the subcontract. (vi)Subcontract number(the subcontract number assigned by the Contractor). (vii)Subcontractor's physical address including street address,city,state,and country. Also include the nine-digit zip code and congressional district. (viii)Subcontractor's primary performance location including street address,city,state, and country.Also include the nine-digit zip code and congressional district. (ix)The prime contract number,and order number if applicable. (x)Awarding agency name and code. (xi)Funding agency name and code. (xii)Government contracting office code. (xiii)Treasury account symbol(TAS)as reported in FPDS. (xiv)The applicable North American Industry Classification System code(NAICS). (3)Executive compensation of the first-tier subcontractor.Unless otherwise directed by the Contracting Officer,by the end of the month following the month of award of a first-tier subcontract with a value of$30,000 or more,and annually thereafter(calculated from the prime contract award date),the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor's preceding completed fiscal year at http://www.fsrs.gov,if— (i)In the subcontractor's preceding fiscal year,the subcontractor received— (A)80 percent or more of its annual gross revenues from Federal contracts(and subcontracts),loans,grants(and subgrants),cooperative agreements,and other forms of Federal financial assistance;and (B)$25,000,000 or more in annual gross revenues from Federal contracts(and subcontracts),loans,grants(and subgrants),cooperative Page:53 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS agreements,and other forms of Federal financial assistance;and (ii)The public does not have access to information about the compensation of the `mil executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934(15 U.S.C.78m(a),78o(d))or section 6104 of the Internal Revenue Code of 1986.(To determine if the public has access to the compensation information,see the U.S.Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.him.) (e)The Contractor shall not split or break down first-tier subcontract awards to a value less than $30,000 to avoid the reporting requirements in paragraph(d)of this clause. (f)The Contractor is required to report information on a first-tier subcontract covered by paragraph(d) when the subcontract is awarded.Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract.The Contractor is not required to make further reports after the first-tier subcontract expires. (g) (1)If the Contractor in the previous tax year had gross income,from all sources, under$300,000,the Contractor is exempt from the requirement to report subcontractor awards. (2)If a subcontractor in the previous tax year had gross income from all sources under$300,000, the Contractor does not need to report awards for that subcontractor. (h)The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect,the contractor should notify the contracting officer. If the SAM database information is incorrect,the contractor is responsible for correcting this information. Begin Regulation 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014) (a)Definition. First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services(including construction)for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors,such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs. (b)The Contractor shall report,in accordance with paragraphs(c)and(d)of this clause,annually by October 31,for services performed under this contract during the preceding Government fiscal year (October I—September 30). (c)The Contractor shall report the following information: (1)Contract number and,as applicable,order number. (2)The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract. (3)The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year. (4)Data reported by subcontractors under paragraph(f)of this clause. Page:54 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (d)The information required in paragraph(c)of this clause shall be submitted via the internet at www.sam.gov.(See SAM User Guide).If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies.In addition,the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under FAR subpart 42.15. (e)Agencies will review Contractor reported information for reasonableness and consistency with available contract information.In the event the agency believes that revisions to the Contractor reported information are warranted,the agency will notify the Contractor no later than November 15.By November 30,the Contractor shall revise the report,or document its rationale for the agency. (f) (1) The Contractor shall require each first-tier subcontractor providing services under this contract,with subcontract(s)each valued at or above the thresholds set forth in 4.1703(a)(2),to provide the following detailed information to the Contractor in sufficient time to submit the report: (i)Subcontract number(including subcontractor name and DUNS number);and (ii)The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year. (2)The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act,2010. Begin Regulation 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE(JUL 2015) (a)Definition.As used in this clause— Commercial and Government Entity(CAGE)code means— (I)An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency(DLA)Contractor and Government Entity(CAGE,)Branch to identify a commercial or government entity,or (2)An identifier assigned by a member of the North Atlantic Treaty Organization(NATO)or by the NATO Support Agency(NSPA)to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity(CAGE)Branch records and maintains in the CAGE master file.This type of code is known as an NCAGE code. (b)Contractors shall ensure that the CAGE code is maintained throughout the life of the contract.For contractors registered in the System for Award Management(SAM),the DLA Contractor and Government Entity(CAGE)Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration.Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42,12.The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change,so that a modification can be issued to update the CAGE,code on the contract. (c)Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Contractor and Government Entity(CAGE)Branch. Requests for changes shall be provided on a DD Form 2051,Request for Assignment of a Commercial and Government Entity(CAGE)Code,to the address shown on the back of the DD Form 2051.Change requests to the CAGE master file are accepted from the entity identified by the code. Page:55 of 224 FCIS-J13-98000i-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (d)Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau or NSPA to request CAGE changes.Points of contact for National Codification Bureaus and NSPA,as well as additional information on obtaining /1 NCAGE codes,are available at http://www.dlis.dia.mil/nato/ObtainCAGE.asp. (e)Additional guidance for maintaining CAGE codes is available at http://www.dlis.dia.mil/cagc_welcome.asp. Begin Regulation 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS(JUN 2016) (a)Definitions.As used in this clause— Covered contractor information system means an information system that is owned or operated by a contractor that processes,stores,or transmits Federal contract information. Federal contract information means information,not intended for public release,that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government,but not including information provided by the Government to the public(such as on public Web sites)or simple transactional information,such as necessary to process payments. Information means any communication or representation of knowledge such as facts,data,or opinions,in any medium or form,including textual,numerical,graphic,cartographic,narrative,or audiovisual(Committee on National Security Systems Instruction(CNSSI)4009). Information system means a discrete set of information resources organized for the collection,processing, maintenance,use,sharing,dissemination,or disposition of information(44 U.S.C.3502). Safeguarding means measures or controls that are prescribed to protect information systems. (b)Safeguarding requirements and procedures. (1)The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include,at a minimum,the following security controls: (i)Limit information system access to authorized users,processes acting on behalf of authorized users,or devices(including other information systems). (ii)Limit information system access to the types of transactions and functions that authorized users are permitted to execute. (iii)Verify and control/limit connections to and use of external information systems. (iv)Control information posted or processed on publicly accessible information systems. (v)Identify information system users,processes acting on behalf of users,or devices. (vi)Authenticate(or verify)the identities of those users,processes,or devices,as a prerequisite to allowing access to organizational information systems. (vii)Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse. Page:56 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (viii)Limit physical access to organizational information systems,equipment,and the respective operating environments to authorized individuals. (ix)Escort visitors and monitor visitor activity;maintain audit logs of physical access; and control and manage physical access devices. (x)Monitor,control,and protect organizational communications(i.e.,information transmitted or received by organizational information systems)at the external boundaries and key internal boundaries of the information systems. (xi)Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks. (xii)Identify,report,and correct information and information system flaws in a timely manner. (xiii)Provide protection from malicious code at appropriate locations within organizational information systems. (xiv)Update malicious code protection mechanisms when new releases are available. (xv)Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded,opened,or executed. (2)Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information(CUI)as established by Executive Order 13556. (c)Subcontracts.The Contractor shall include the substance of this clause,including this paragraph(c),in subcontracts under this contract(including subcontracts for the acquisition of commercial items,other than commercially available off-the-shelf items),in which the subcontractor may have Federal contract information residing in or transiting through its information system. Begin Regulation 52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995) (a)The Government may purchase the equipment provided on a lease or rental basis under this contract. The Contracting Officer may exercise this option only by providing a unilateral modification to the Contractor.The effective date of the purchase will be specified in the unilateral modification and may be any time during the period of the contract,including any extensions thereto. (b)Except for final payment and transfer of title to the Government,the lease or rental portion of the contract becomes complete and lease or rental charges shall be discontinued on the day immediately preceding the effective date of purchase specified in the unilateral modification required in paragraph (a)of this clause. (c)The purchase conversion cost of the equipment shall be computed as of the effective date specified in the unilateral modification required in paragraph(a)of this clause,on the basis of the purchase price set forth in the contract,minus the total purchase option credits accumulated during the period of lease or rental,calculated by the formula contained elsewhere in this contract. (d)The accumulated purchase option credits available to determine the purchase conversion cost will also include any credits accrued during a period of lease or rental of the equipment under any previous Government contract if the equipment has been on continuous lease or rental.The movement of Page:57 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS equipment from one site to another site shall be"continuous rental." Begin Regulation 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,OR PROPOSED FOR DEBARMENT(OCT 2015) (a)Definition,"Commercially available off-the-shelf(COTS)"item,as used in this clause— (1)Means any item of supply(including construction material)that is— (i)A commercial item(as defined in paragraph(1)of the definition in FAR 2.101); (ii)Sold in substantial quantities in the commercial marketplace;and (iii)Offered to the Government,under a contract or subcontract at any tier,without modification,in the same form in which it is sold in the commercial marketplace;and (2)Does not include bulk cargo,as defined in 46 U.S.C.40102(4),such as agricultural products and petroleum products. (b)The Government suspends or debars Contractors to protect the Government's interests.Other than a subcontract for a commercially available off-the-shelf item,the Contractor shall not enter into any subcontract,in excess of$35,000 with a Contractor that is debarred,suspended,or proposed for debarment by any executive agency unless there is a compelling reason to do so. (c)The Contractor shall require each proposed subcontractor whose subcontract will exceed$35,000, other than a subcontractor providing a commercially available off-the-shelf item,to disclose to the Contractor, in writing,whether as of the time of award of the subcontract,the subcontractor,or its principals,is or is not debarred,suspended,or proposed for debarment by the Federal Government. (d)A corporate officer or a designee of the Contractor shall notify the Contracting Officer,in writing, before entering into a subcontract with a party(other than a subcontractor providing a commercially available off-the-shelf item)that is debarred,suspended,or proposed for debarment(see FAR 9.404 for information on the System for Award Management(SAM)Exclusions).The notice must include the following: (1)The name of the subcontractor. (2)The Contractor's knowledge of the reasons for the subcontractor being listed with an exclusion in SAM. (3)The compelling reason(s)for doing business with the subcontractor notwithstanding its being listed with an exclusion in SAM. (4)The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment,suspension,or proposed debarment. (e)Subcontracts. Unless this is a contract for the acquisition of commercial items,the Contractor shall include the requirements of this clause,including this paragraph(e)(appropriately modified for the identification of the parties),in each subcontract that— (1)Exceeds$35,000 in value;and Page:58 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (2)Is not a subcontract for commercially available off-the-shelf items. Begin Regulation 52.212-4 CONTRACT TERMS AND CONDITIONS— COMMERCIAL ITEMS(MAY 2015)(DEVIATION FEB 2007) (a)Inspection/Acceptance.The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.The ordering activity reserves the right to inspect or test any supplies or services that have been tendered for acceptance.The ordering activity may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.If repair/replacement or reperformance will not correct the defects or is not possible,the ordering activity may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.The ordering activity must exercise its postacceptance rights (1)within a reasonable time after the defect was discovered or should have been discovered;and (2)before any substantial change occurs in the condition of the item,unless the change is due to the defect in the item. (b)Assignment.The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank,trust company,or other financing institution,including any Federal lending agency in accordance with the Assignment of Claims Act(31 U.S.C.3727). However, when a third party makes payment(e.g.,use of the credit card),the Contractor may not assign its rights to receive payment under this contract. (c)Changes.Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d)Disputes.This contract is subject 41 U.S.C.chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment,claim,appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1,Disputes,which is incorporated herein by reference.The Contractor shall proceed diligently with performance of this contract,pending final resolution of any dispute arising under the contract. (e)Definitions.The clause at FAR 52.202-1, Definitions,is incorporated herein by reference. (t)Excusable delays.The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy,acts of the ordering activity in either its sovereign or contractual capacity,fires,floods,epidemics,quarantine restrictions,strikes,unusually severe weather,and delays of common carriers.The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay,setting forth the full particulars in connection therewith,shall remedy such occurrence with all reasonable dispatch,and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g)Invoice. (1)The Contractor shall submit an original invoice and three copies(or electronic invoice,if authorized)to the address designated in the contract to receive invoices.An invoice must include— (i)Nam a and address of the Contractor; (ii) Invoice date and number; (iii)Contract number,contract line item number and,if applicable,the order number; Page:59 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (iv)Description,quantity, unit of measure,unit price and extended price of the items delivered; v Shipping number and date of shipment,includin the bill of lading number and weight ( ) PP g including g g of shipment if shipped on an ordering activity bill of lading; (vi)Terms of any discount for prompt payment offered; (vii)Name and address of official to whom payment is to be sent; (viii)Name,title,and phone number of person to notify in event of defective invoice;and (ix)Taxpayer Identification Number(TIN).The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x)Electronic funds transfer(EFT)banking information. (A)The Contractor shall include EF'I'banking information on the invoice only if required elsewhere in this contract. (B)If EFT banking information is not required to be on the invoice,in order for the invoice to be a proper invoice,the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause(e.g.,52,232-33, Payment by Electronic Funds Transfer— System for Award Management,or 52.232-34,Payment by Electronic Funds Transfer—Other Than System for Award Management),or applicable agency procedures. (C)EFT banking information is not required if the ordering activity waived the requirement to pay by EFT. (2)Invoices will be handled in accordance with the Prompt Payment Act(31 U.S.C.3903)and Office of Management and Budget(OMB)prompt payment regulations at 5 CFR part 1315. (h)Patent indemnity.The Contractor shall indemnify the ordering activity and its officers,employees and agents against liability,including costs,for actual or alleged direct or contributory infringement of, or inducement to infringe,any United States or foreign patent,trademark or copyright,arising out of the performance of this contract,provided the Contractor is reasonably notified of such claims and proceedings. (i)Payment. (1)Items accepted.Payment shall be made for items accepted by the ordering activity that have been delivered to the delivery destinations set forth in this contract. (2)Prompt payment.The ordering activity will make payment in accordance with the Prompt Payment Act(31 U.S.C.3903)and prompt payment regulations at 5 CFR part 1315. (3)Electronic Funds Transfer(EFT), If the ordering activity makes payment by EFT,see 52.212-5(b)for the appropriate EFT clause. (4)Discount. In connection with any discount offered for early payment,time shall be computed from the date of the invoice. For the purpose of computing the discount earned,payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. } (5)Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice �J Page:60 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS payment or that the ordering activity has otherwise overpaid on a contract financing or invoice payment,the Contractor shall immediately notify the Contracting Officer and request instructions i� for disposition of the overpayment. 0)Risk of loss.Unless the contract specifically provides otherwise,risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until,and shall pass to the ordering activity upon: (1)Delivery of the supplies to a carrier,if transportation is f.o.b.origin;or (2)Delivery of the supplies to the ordering activity at the destination specified in the contract, if transportation is f.o.b.destination. (k) Taxes.The contract price includes all applicable Federal,State,and local taxes and duties. (1)Termination for the Ordering Activity's convenience.The ordering activity reserves the right to terminate this contract,or any part hereof, for its sole convenience. In the event of such termination,the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.Subject to the terms of this contract,the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination,plus reasonable charges the Contractor can demonstrate to the satisfaction of the ordering activity using its standard record keeping system,have resulted from the termination.The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose.This paragraph does not give the ordering activity any right to audit the Contractor's records.The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause.The ordering activity may terminate this contract,or any part hereof,for cause in the event of any default by the Contractor,or if the Contractor fails to comply with any J contract terms and conditions,or fails to provide the ordering activity,upon request,with adequate assurances of future performance.In the event of termination for cause,the ordering activity shall not be liable to the Contractor for any amount for supplies or services not accepted,and the Contractor shall be liable to the ordering activity for any and all rights and remedies provided by law. If it is determined that the ordering activity improperly terminated this contract for default,such termination shall be deemed a termination for convenience. (n)Title. Unless specified elsewhere in this contract,title to items furnished under this contract shall pass to the ordering activity upon acceptance,regardless of when or where the ordering activity takes physical possession. (o) Warranty.The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p)Limitation of liability. Except as otherwise provided by an express warranty,the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. (q)Other compliances.The Contractor shall comply with all applicable Federal,State and local laws, executive orders,rules and regulations applicable to its performance under this contract. (r)Compliance with laws unique to Government contracts.The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.431 relating to officials not to benefit;40 U.S.C.chapter 37,Contract Work Hours and Safety Standards;41 U.S.C.chapter 87,Kickbacks;41 U.S.C.4712 and 10 U.S.C.2409 relating to whistleblower protections;49 U.S.C.40118,Fly American;and 41 U.S.C.chapter 21 relating to procurement integrity. �-' (s)Order of precedence.Any inconsistencies in this solicitation or contract shall be resolved by giving Page:61 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS precedence in the following order:(1)the schedule of supplies/services;(2)the Assignments,Disputes, Payments, Invoice,Other Compliances,Compliance with Laws Unique to Government Contracts,and Unauthorized Obligations paragraphs of this clause;(3)the clause at 52.212-5;(4)addenda to this ���JJJ1 solicitation or contract,including any license agreements for computer software;(5)solicitation provisions if this is a solicitation;(6)other paragraphs of this clause;(7)the Standard Form 1449; (8)other documents,exhibits,and attachments;and(9)the specification. (t)System for Award Management(SAM). (1)Unless exempted by an addendum to this contract,the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database,and for any liability resulting from the ordering activity's reliance on inaccurate or incomplete data.To remain registered in the SAM database after the initial registration,the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current,accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name,"doing business as"name,or division name(whichever is shown on the contract),or has transferred the assets used in performing the contract,but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12,the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to(A)change the name in the SAM database;(D)comply with the requirements of Subpart 42.12;and(C)agree in writing to the timeline and procedures specified by the responsible Contracting Officer.The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii)If the Contractor fails to comply with the requirements of paragraph(t)(2)(i)of this clause,or fails to perform the agreement at paragraph(t)(2)(i)(C)of this clause,and,in the absence of a properly executed novation or change-of-name agreement,the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment"paragraph of the electronic funds transfer(EFT)clause of this contract. (3)The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate,in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8,Assignment of Claims).Assignees shall be separately registered in the SAM database.Information provided to the Contractor's SAM record that indicates payments, including those made by EFT,to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the"Suspension of payment" paragraph of the EFT clause of this contract. (4)Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https:llwww.acquisition.gov. (u) Unauthorized Obligations (1)Except as stated in paragraph(u)(2)of this clause,when any supply or service acquired under this contract is subject to any End User License Agreement(EULA),Terms of Service JOS),or similar legal instrument or agreement,that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages,costs, fees,or any other loss or liability that would create an Anti-Deficiency Act violation(31 U.S.C. 1341),the following shall govern: (i)Any such clause is unenforceable against the Government. 0 Page:62 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (ii)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA,TOS,or similar legal instrument or agreement.If the EULA,TOS,or similar legal instrument or agreement is invoked through an"I agree"click box or other comparable mechanism(e.g., "click-wrap"or"browse-wrap"agreements),execution does not bind the Government or any Government authorized end user to such clause. (iii)Any such clause is deemed to be stricken from the EULA,TOS,or similar legal instrument or agreement. (2)Paragraph(u)(1)of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v)Incorporation by reference.The Contractor's representations and certifications,including those completed electronically via the System for Award Management(SAM),are incorporated by reference into the contract. Begin Regulation 52.212-4 CONTRACT TERMS AND CONDITIONS— COMMERCIAL ITEMS(MAY 2015)(ALTERNATE I—MAY 2014) (DEVIATION I—FEB 2007) (a)Inspection/Acceptance. (1)The ordering activity has the right to inspect and test all materials furnished and services performed under this contract,to the extent practicable at all places and times,including the _ period of performance,and in any event before acceptance.The ordering activity may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance_The ordering activity will perform inspections and tests in a manner that will not unduly delay the work. (2)If the ordering activity performs inspection or tests on the premises of the Contractor or a subcontractor,the Contractor shall furnish and shall require subcontractors to f rmish all reasonable facilities and assistance for the safe and convenient performance of these duties. (3)Unless otherwise specified in the contract,the ordering activity will accept or reject services and materials at the place of delivery as promptly as practicable after delivery,and they will be presumed accepted 60 days after the date of delivery,unless accepted earlier. (4)At any time during contract performance,but not later than 6 months(or such other time as may be specified in the contract)after acceptance of the services or materials last delivered under this contract,the ordering activity may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements.Except as otherwise specified in paragraph(a)(6)of this clause,the cost of replacement or correction shall be determined under paragraph(i)of this clause,but the"hourly rate"for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below,the portion of the"hourly rate"attributable to profit shall be 10 percent.The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and,when required,shall disclose the corrective action taken.* *.[Insert portion of labor rate attributable to profit. (5) (i)If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction,and if the replacement or correction can be performed within the ceiling price(or the ceiling price as increased by the ordering activity),the ordering Page:63 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS activity may— (A)By contract or otherwise,perform the replacement or correction,charge to the Contractor any increased cost,or deduct such increased cost from any amounts paid or due under this contract;or (B)Terminate this contract for cause. (H)Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract. (6)Notwithstanding paragraphs(a)(4)and(5)above,the ordering activity may at any time require the Contractor to remedy by correction or replacement,without cost to the ordering activity,any failure by the Contractor to comply with the requirements of this contract,if the failure is due to — (i)Fraud,lack of good faith,or willful misconduct on the part of the Contractor's managerial personnel;or (ii)The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. (7)This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract. (8)The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements,except as provided in this clause or as may be otherwise specified in the contract. (9)Unless otherwise specified in the contract,the Contractor's obligation to correct or replace ordering activity-furnished property shall be governed by the clause pertaining to ordering activity property. (b)Assignment.The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank,trust company,or other financing institution,including any Federal lending agency in accordance with the Assignment of Claims Act(31 U.S.C.3727).However, when a third party makes payment(e.g.,use of the credit card),the Contractor may not assign its rights to receive payment under this contract. (c)Changes.Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d)Disputes.This contract is subject 41 U.S.C.chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment,claim,appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes,which is incorporated herein by reference.The Contractor shall proceed diligently with performance of this contract,pending final resolution of any dispute arising under the contract. (e)Definitions. — (1)The clause at FAR 52,202-1,Definitions,is incorporated herein by reference.As used in 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. Page:64 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (ii)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 — (A)Performed by the contractor, (B)Performed by the subcontractors;or (C)Transferred between divisions,subsidiaries,or affiliates of the contractor under a common control. (iii)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.); (D)The following subcontracts for services which are specifically excluded from the hourly rate: * *;and (E)Indirect costs specifically provided for in this clause. (iv)Subcontract means any contract,as defined in FAR Subpart 2.1,entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions,subsidiaries,or affiliates of a contractor or subcontractor. It includes,but is not limited to,purchase orders,and changes and modifications to purchase orders. (1)Excusable delays.'['he Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy,acts of the ordering activity in either its sovereign or contractual capacity,fires, floods,epidemics,quarantine restrictions,strikes,unusually severe weather,and delays of common carriers.The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay,setting forth the full particulars in connection therewith,shall remedy such occurrence with all reasonable dispatch,and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g)Invoice.— (1)The Contractor shall submit an original invoice and three copies(or electronic invoice,if authorized)to the address designated in the contract to receive invoices.An invoice must include- (i)Name and address of the Contractor; (ii)Invoice date and number; (iii)Contract number,contract line item number and,if applicable,the order number; (iv)Description,quantity,unit of measure,unit price and extended price of the items delivered; (v)Shipping number and date of shipment,including the bill of lading number and weight of shipment if shipped on ordering activity bill of lading; (vi)Terms of any discount for prompt payment offered; (vii)Name and address of official to whom payment is to be sent; Page:65 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (viii)Name,title,and phone number of person to notify in event of defective invoice;and (ix)Taxpayer Identification Number(TIN).The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x)Electronic funds transfer(EFT)banking information. (A)The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B)If EFT banking information is not required to be on the invoice,in order for the invoice to be a proper invoice,the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause(e.g.,52.232-33, Payment by Electronic Funds Transfer—System for Award Management,or 52.232-34,Payment by Electronic Funds"Transfer— Other-Than System for Award Management),or applicable agency procedures. (C)EFT banking information is not required if the ordering activity waived the requirement to pay by EFT. (2)Invoices will be handled in accordance with the Prompt Payment Act(31 U.S.C.3903)and Office of Management and Budget(OMB)prompt payment regulations at 5 CFR part 1315. (h)Patent indemnity.The Contractor shall indemnify the ordering activity and its officers,employees and agents against liability, including costs,for actual or alleged direct or contributory infringement of, or inducement to infringe,any United States or foreign patent,trademark or copyright,arising out of the performance of this contract,provided the Contractor is reasonably notified of such claims and proceedings. (i)Payments.— (1) Work performed.The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer: (i)Hourly rate. (A)The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis. (13)The 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 individuals that do not meet the qualifications specified in the contract,unless specifically authorized by the Contracting Officer. (C)Invoices may be submitted once each month(or at more frequent intervals, if approved by the Contracting Officer)to the Contracting Officer or the authorized representative. (D)When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices(including any subcontractor hours reimbursed at the hourly rate in the schedule)by evidence of actual payment, individual daily job timecards,records that verify the employees meet the qualifications for the labor categories specified in the contract,or other substantiation specified in the contract. (E)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. Page:66 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (1)If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance,overtime rates shall be negotiated. (2)Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. (3) 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. (ii)Materials. (A)If the Contractor furnishes 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— (1)Quantities being acquired;and (2)Any modifications necessary because of contract requirements. (13)Except as provided for in paragraph(i)(1)(ii)(A)and(13)(2)of this clause,the ordering activity will reimburse the Contractor the actual cost of materials(less any rebates,refunds,or discounts received by the contractor that are identifiable to the contract)provided the Contractor— (1)1 las made payments for materials in accordance with the terms and conditions of the agreement or invoice;or (2)Makes these payments within 30 days of the submission of the Contractor's payment request to the ordering activity and such payment is in accordance with the terms and conditions of the agreement or invoice. (C)To the extent able,the Contractor shall— (1)Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials;and (2)Give credit to the ordering activity for cash and trade discounts, rebates,scrap,commissions,and other amounts that arc identifiable to the contract. (D)Other Costs.Unless listed below,other direct and indirect costs will not be reimbursed. (1)Other Direct Costs.The ordering activity will reimburse the Contractor on the basis of actual cost for the following,provided such costs comply with the requirements in paragraph(i)(1)(ii)(13)of this clause:* *, (2)Indirect Costs(Material Handling,Subcontract Administration,etc.). The ordering activity will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:* *. (2)Total cost. It is estimated that the total cost to the ordering activity 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 ordering activity for performing this contract Page:67 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS with supporting reasons and documentation. If at any time during the performance of this contract,the Contractor has reason to believe that the total price to the ordering activity 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 performance of this contract,the ordering activity 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. (3)Ceiling price.The ordering activity 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. (4)Access to records. At any time before final payment under this contract,the Contracting Officer(or authorized representative)will have access to the following(access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer): (i)Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract; (ii)For labor hours(including any subcontractor hours reimbursed at the hourly rate in the schedule),when timecards are required as substantiation for payment— (A)The original timecards(paper-based or electronic); (B)"fhe Contractor's timekeeping procedures, (C)Contractor records that show the distribution of labor between jobs or contracts;and (D)Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices. (iii)For material and subcontract costs that are reimbursed on the basis of actual cost — (A)Any invoices or subcontract agreements substantiating material costs;and (B)Any documents supporting payment of those invoices. (5)Overpayments/Underpayments.Each payment previously made shall be subject to reduction to the extent of amounts,on preceding invoices,that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments.The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise.The ordering activity within 30 days will pay any such increases, unless the parties agree otherwise.The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the ordering activity has otherwise overpaid on an invoice payment,the Contractor shall — (i)Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the— (A)Circumstances of the overpayment(e.g.,duplicate payment,erroneous payment,liquidation errors,date(s)of overpayment); Page:68 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (B)Affected contract number and delivery order number,if applicable; (C)Affected contract line item or subline item, if applicable;and (D)Contractor point of contact. (ii)Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) (i)All amounts that become payable by the Contractor to the ordering activity under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.7109,which is applicable to the period in which the amount becomes due,as provided in(i)(6)(v)of this clause,and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii)The ordering activity may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii)Final Decisions.The Contracting Officer will issue a final decision as required by 33.211 if— (A)The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner; (B)'1'hc Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement;or (C)The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer(see FAR 32.607-2). (iv)If a demand for payment was previously issued for the debt,the demand for payment included in the Final decision shall identify the same due date as the original demand for payment. (v)Amounts shall be due at the earliest of the following dates: (A)The date fixed under this contract. (B)The date of the first written demand for payment,including any demand for payment resulting from a default termination. (vi)The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on — (A)'fhe date on which the designated office receives payment from the Contractor; (B)The date of issuance of a ordering activity check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt;or (C)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii)The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. Page:69 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (viii)Upon receipt and approval of the invoice designated by the Contractor as the `.completion invoice"and supporting documentation,and upon compliance by the Contractor with all terms of this contract,any outstanding balances will be paid within 30 days unless the parties agree otherwise.The completion invoice,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 1 year(or such longer period as the Contracting Officer may approve in writing)from the date of completion. (7)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 ordering activity,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. (i)Specified claims in stated amounts,or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor. (ii)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 gives 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 ordering activity is prepared to make final payment,whichever is earlier. (iii)Claims for reimbursement of costs(other than expenses of the Contractor by reason of its indemnification of the ordering activity against patent liability),including reasonable incidental expenses,incurred by the Contractor under the terms of this contract relating to patents. ON (8)Prompt payment.The ordering activity will make payment in accordance with the Prompt Payment Act(31 U.S.C.3903)and prompt payment regulations at 5 CFR part 1315. (9)Electronic Funds Transfer(EFT).If the ordering activity makes payment by GF"l',see 52.212-5(b)for the appropriate EFT clause. (10)Discount. In connection with any discount offered for early payment,time shall be computed from the date of the invoice.For the purpose of computing the discount earned,payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made. 0)Risk ofloss. Unless the contract specifically provides otherwise,risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until,and shall pass to the ordering activity upon: (1)Delivery of the supplies to a carrier,if transportation is f.o.b.origin;or (2)Delivery of the supplies to the ordering activity at the destination specified in the contract, if transportation is f.o.b.destination. (k)Taxes.The contract price includes all applicable Federal,State,and local taxes and duties. (1)Termination for the ordering activity's convenience.The ordering activity reserves the right to terminate this contract,or any part hereof,for its sole convenience. 1n the event of such termination,the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.Subject to the terms of this contract,the Contractor shall be paid an amount for direct labor hours(as defined in the Schedule of the contract)determined by Page:70 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s)in the contract,less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the ordering activity using its �- standard record keeping m system stem that have resulted fro the termination.The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose.This paragraph does not give the ordering activity any right to audit the Contractor's records.The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (m)Termination for cause. The Government may terminate this contract,or any part hereof, for cause in the event of any default by the Contractor,or if the Contractor fails to comply with any contract terms and conditions,or fails to provide the Government,upon written request,with adequate assurances of future performance.Subject to the terms of this contract,the Contractor shall be paid an amount computed under paragraph(i)Payments of this clause,but the"hourly rate"for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit.Unless otherwise specified in paragraph(a)(4)of this clause,the portion of the"hourly rate"attributable to profit shall be 10 percent. In the event of termination for cause,the Contractor shall be liable to the Government for any and all rights and remedies provided by law.If it is determined that the Government improperly terminated this contract for default,such termination shall be deemed a termination for convenience. (n)Title.Unless specified elsewhere in this contract,title to items furnished under this contract shall pass to the ordering activity upon acceptance,regardless of when or where the ordering activity takes physical possession. (o) Warranty.The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p)Limitation ofliability.Except as otherwise provided by an express warranty,the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in ! accepted items. (q)Other compliances.The Contractor shall comply with all applicable Federal,State and local laws, executive orders,rules and regulations applicable to its performance under this contract. (r)Compliance with laws unique to Government contracts.The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.431 relating to officials not to benefit;40 U.S.C.3701,et seq.,Contract Work Hours and Safety Standards Act;41 U.S.C.51-58,Anti-Kickback Act of 1986;41 U.S.C.4712 and 10 U.S.C.2409 relating to whistleblower protections;49 U.S.C.40118,Fly American;and 41 U.S.C.423 relating to procurement integrity. (s)Order ofprecedence.Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:(1)the schedule of supplies/services;(2)the Assignments,Disputes, Payments, Invoice,Other Compliances,Compliance with Laws Unique to Government Contracts,and Unauthorized Obligations paragraphs of this clause;(3)the clause at 52.212-5;(4)addenda to this solicitation or contract,including any license agreements for computer software;(5)solicitation provisions if this is a solicitation;(6)other paragraphs of this clause;(7)the Standard Form 1449; (8)other documents,exhibits,and attachments;and(9)the specification. (t)System for Award Management(SAM). (1)Unless exempted by an addendum to this contract,the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database,and for any liability resulting from the ordering activity's reliance on inaccurate or incomplete data.To remain registered in the SAM database after the initial registration,the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current,accurate and complete.Updating information in the SAM does not alter the terms and Page:71 of 224 FCIS-JB-980001-B Refresh. 41 Part II-CONTRACT TERMS AND CONDITIONS conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i)If a Contractor has legally changed its business name,"doing business as"name,or division name(whichever is shown on the contract),or has transferred the assets used in performing the contract,but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12,the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to(A)change the name in the SAM database;(B)comply with the requirements of Subpart 42.12;and(C)agree in writing to the timeline and procedures specified by the responsible Contracting Officer,The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii)If the Contractor fails to comply with the requirements of paragraph(t)(2)(i)of this clause,or fails to perform the agreement at paragraph(t)(2)(i)(C)of this clause,and, in the absence of a properly executed novation or change-of-name agreement,the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment"paragraph of the electronic funds transfer(EFT)clause of this contract. (3)The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate,in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8,Assignment of Claims).Assignees shall be separately registered in the SAM database.Information provided to the Contractor's SAM record that indicates payments, including those made by EFT,to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the"Suspension of payment" paragraph of the EFT clause of this contract. (4)Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through htips://www.acquisition.gov. (u) Unauthorized Obligations (1)Except as stated in paragraph(u)(2)of this clause,when any supply or service acquired under this contract is subject to any End User License Agreement(EULA),Terms of Service JOS),or similar legal instrument or agreement,that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages,costs,fees,or any other loss or liability that would create an Anti-Deficiency Act violation(31 U.S.C. 1341),the following shall govem: (i)Any such clause is unenforceable against the Government. (ii)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA,,rOS,or similar legal instrument or agreement. If the EULA,TOS,or similar legal instrument or agreement is invoked through an"I agree"click box or other comparable mechanism(e.g., "click-wrap"or"browse-wrap"agreements),execution does not bind the Government or any Government authorized end user to such clause. (iii)Any such clause is deemed to be stricken from the EULA,TOS,or similar legal instrument or agreement. (2)Paragraph(u)(1)of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v)Incorporation by reference.The Contractor's representations and certifications,including those completed electronically via the System for Award Management(SAM),are incorporated by reference Page:72 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS into the contract. Begin Regulation 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS— COMMERCIAL ITEMS(JUN 2016)(ALTERNATE II—MAR 2016) (a)The Contractor shall comply with the following Federal Acquisition Regulation(FAR)clauses, which are incorporated in this contract by reference,to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1)52.209-10, 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: Number Title Clause/Provision 52.203-13 CONTRACTOR CODE OF BUSINESS Clause ETHICS AND CONDUCT (OCT 2015) 52.204-15 SERVICE CONTRACT REPORTING Clause REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (JAN 2014) 52.219-14 LIMITATIONS ON SUBCONTRACTING Clause (NOV 2011) 52.219-27 NOTICE OF SERVICE-DISABLED Clause VETERAN-OWNED SMALL BUSINESS SET-ASIDE(NOV 2011) 52.219-29 NOTICE OF SET-ASIDE FOR,OR Clause SOLE SOURCE AWARD TO, ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS CONCERNS(DEC 2015) 52.219-3 NOTICE OF TOTAL HUBZONE Clause SET-ASIDE OR SOLE SOURCE AWARD(NOV 2011) 52.219-30 NOTICE OF SET-ASIDE FOR,OR Clause SOLE SOURCE AWARD TO, WOMEN-OWNED SMALL BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM(DEC 2015) 52.219-6 NOTICE OF TOTAL SMALL BUSINESS Clause Page:73 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS SET-ASIDE(NOV 2011) 52.219-8 UTILIZATION OF SMALL BUSINESS Clause �1 CONCERNS(OCT 2014) `- 52.219-9 SMALL BUSINESS Clause SUBCONTRACTING PLAN(OCT 2015) (ALTERNATE II--OCT 2001) 52.222-21 PROHIBITION OF SEGREGATED Clause FACILITIES(APR 2015) 52.222-26 EQUAL OPPORTUNITY(APR 2015) Clause 52.222-3 CONVICT LABOR(JUN 2003) Clause 52.222-35 EQUAL OPPORTUNITY FOR Clause VETERANS(OCT 2015) 52.222-37 EMPLOYMENT REPORTS ON Clause VETERANS(FEB 2016) 52.222-40 NOTIFICATION OF EMPLOYEE Clause RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT(DEC 2010) 52.223-18 ENCOURAGING CONTRACTOR Clause POLICIES TO BAN TEXT MESSAGING WHILE DRIVING(AUG 2011) 52.225-13 RESTRICTIONS ON CERTAIN Clause FOREIGN PURCHASES(JUN 2008) 52.225-5 TRADE AGREEMENTS(FEB 2016) Clause 52.232-33 PAYMENT BY ELECTRONIC FUNDS Clause TRANSFER—SYSTEM FOR AWARD MANAGEMENT(JUL 2013) 52.239-1 PRIVACY OR SECURITY Clause SAFEGUARDS(AUG 1996) (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: Number Title Clause/Provision (d)Comptroller General Examination of Record.The Contractor shall comply with the provisions of this paragraph(d)if this contract was awarded using other than sealed bid,is in excess of the simplified acquisition threshold,and does not contain the clause at 52.215-2,Audit and Records--Negotiation. (1)The Comptroller General of the United States,an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978(5 U.S.C.App.),or an authorized representative of either of the foregoing officials shall have access to and right to-- (i)Examine any of the Contractor's or any subcontractors'records that pertain to,and involve transactions relating to,this contract;and (ii)Interview any officer or employee regarding such transactions. Page:74 of 224 FCIS-JB-9B0001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (2)The Contractor shall make available at its offices at all reasonable times the records, materials,and other evidence for examination,audit,or reproduction,until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7,Contractor Records Retention,of the other clauses of this contract. If this contract is completely or partially terminated,the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals,litigation,or claims are finally resolved. (3)As used in this clause,records include books,documents,accounting procedures and practices,and other data,regardless of type and regardless of form.This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1)Notwithstanding the requirements of the clauses in paragraphs(a),(b),and(c),of this clause, the Contractor is not required to Flow down any FAR clause in a subcontract for commercial items,other than-- (i)Paragraph(d)of this clause.This paragraph flows down to all subcontracts,except the authority of the Inspector General under paragraph(d)(1)(ii)does not flow down;and (ii) Those clauses listed in this paragraph(e)(!). Unless otherwise indicated below,the extent of the flow down shall be as required by the clause— (A)52.203-13,Contractor Code of Business Ethics and Conduct(Oct 2015)(41 U.S.C.3509). (B)52.203-15,Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009(Jun 2010)(Section 1553 of Pub. L. 111-5). (C)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. (D)52.222-21,Prohibition of Segregated Facilities(Apr 2015). (E)52.222-26,Equal Opportunity(Apr 2015)(E.O. 11246). (F)52.222-35,Equal Opportunity for Veterans(Oct 2015)(38 U.S.C.4212). (G)52.222-36,Equal Opportunity for Workers with Disabilities(Jul 2014)(29 U.S.C.793). (H)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. (1)52.222-41,Service Contract Labor Standards(May 2014)(41 U.S.C.chapter 67). (J).(1)52.222-50,Combating Trafficking in Persons(Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627). .(2)Alternate I(Mar 2015)of 52.222-50(22 U.S.C.chapter 78 and E.O. 13627). Page:75 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (K)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). (L)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). (M)52.222-54,Employment Eligibility Verification(Oct 2015)(Executive Order 12989). (N)52.222-55,Minimum Wages Under Executive Order 13658(Mar 2016). (0)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. (P)52.247-64,Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C.Appx. 1241(bb)and 10 U.S.C.2631).Flow down required in accordance with paragraph(d)of FAR clause 52.247-64. (2)While not required,the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. [Note to Offerors: If choosing not to accept orders funded in whole or in part by the American Recovery and Reinvestment Act(ARRA),this clause will be replaced with the base clause,meaning that Alternate II is not applicable.] Begin Regulation 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA—MODIFICATIONS(OCT 2010)(ALTERNATE IV— OCT 2010) (a)Submission of certified cost or pricing data is not required. (b)Provide data described below:[Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.1 "Pricing information as described in SCP-FSS-00 I N, SCP-FSS-001S,SCP-FSS-004 and 552.212-70". Begin Regulation 52.216-18 ORDERING (OCT 1995)(DEVIATION II--FEB 2007) (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 Date of Award through Contract expiration date. (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 ordering activity deposits �J Page:76 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS the order in the mail.Orders may be issued orally,by facsimile,or by electronic commerce methods only if authorized in the Schedule. Begin Regulation 52.217-5 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 within 30 calendar days of contract expiration.. Begin Regulation 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.; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least.days before the contract expires.The preliminary notice does not commit the Government to an extension. (b)If the Government exercises this option,the extended contract shall be considered to include this option clause. (c)The total duration of this contract,including the exercise of any options under this clause,shall not exceed.(months)(years). Begin Regulation 52.219-13 NOTICE OF SET-ASIDE OF ORDERS(NOV 2011) The Contracting Officer will give notice of the order or orders,if any,to be set aside for small business concerns identified in 19.000(a)(3)and the applicable small business program.This notice,and its restrictions,will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3). Begin Regulation 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN (JAN 1999) (a)"Failure to make a good faith effort to comply with the subcontracting plan",as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled"Small Business Subcontracting Plan,"or willful or intentional action to frustrate the plan. (b)Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or,if a commercial plan is involved,to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If,at contract completion or,in the case of a commercial plan,at the close of the fiscal year for which the plan is applicable,the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance Page:77 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS with paragraph(c)of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan,established in accordance with the clause in this contract entitled"Small Business Subcontracting Plan,"the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (c)Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort,the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If,after consideration of all the pertinent data,the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan,the Contracting Officer shall issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph(b)of this clause. (d)With respect to commercial plans,the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan. (e)The Contractor shall have the right of appeal,under the clause in this contract entitled Disputes, from any final decision of the Contracting Officer. (f)Liquidated damages shall be in addition to any other remedies that the Government may have. Begin Regulation 52.219-28 POST—AWARD SMALL BUSINESS PROGRAM RE REPRESENTATION(JUL 2013) (a)Definitions.As used in this clause— Long-term contract means a contract of more than five years in duration,including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services,or other appropriate authority. 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(c) of this clause.Such a concern is"not dominant in its field of operation"when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists,consideration shall be given to all appropriate factors,including volume of business,number of employees, financial resources,competitive status or position,ownership or control of materials,processes,patents, license agreements,facilities,sales territory,and nature of business activity. (b)If the Contractor represented that it was a small business concern prior to award of this contract,the Contractor shall rerepresent its size status according to paragraph(e)of this clause or,if applicable, paragraph(g)of this clause,upon the occurrence of any of the following: (1)Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause,if the novation agreement was executed prior to inclusion of this clause in the contract. (2)Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause,if the merger or acquisition occurred prior to inclusion of this clause in the contract. Page:78 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (3)For long-term contracts— (i)Within 60 to 120 days prior to the end of the fifth year of the contract;and (ii)Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c)The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rereprescntation that corresponds to the North American Industry Classification System (NAICS)code assigned to this contract.The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d)The small business size standard for a Contractor providing a product which it does not manufacture itself,for a contract other than a construction or service contract,is 500 employees. (e)Except as provided in paragraph(g)of this clause,the Contractor shall make the representation required by paragraph(b)of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management(SAM)and its other data in SAM,as necessary,to ensure that they reflect the Contractor's current status.The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph(b)of this clause that the data have been validated or updated,and provide the date of the validation or update.(f) If the Contractor represented that it was other than a small business concern prior to award of this contract,the Contractor may,but is not required to,take the actions required by paragraphs(e)or(g)of this clause. (g)If the Contractor does not have representations and certifications in SAM,or does not have a representation in SAM for the NAICS code applicable to this contract,the Contractor is required to complete the following rereprescntation and submit it to the contracting office,along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number . [Contractor to sign and date and insert authorized signer's name and title1. Contractor Signature/Date Authorized Signer's Name/Title Note: Regulation 52.219-28 Begin Regulation 52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014) (a)"Service employee",as used in this clause,means any person engaged in the performance of a service contract other than any person employed in a bona fide executive,administrative,or professional capacity,as those terms are defined in 29 CFR part 541.The tern"service employee" includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. Page:79 of 224 FCIS-JB-980001-B Refresh: 41 Part 11-CONTRACT TERMS AND CONDITIONS (b)The Contractor and its subcontractors shall,except as otherwise provided herein,in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired,a right of first refusal of employment under this contract in positions for which the service employees are qualified. (1)The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work. (2)Except as provided in paragraph(c)of this clause,there shall be no employment opening under this contract,and the Contractor and any subcontractors shall not offer employment under this contract,to any person prior to having complied fully with this obligation. (i)The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer,but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days. (ii)The successor Contractor and its subcontractors shall decide any question concerning a service employee's qualifications based upon the individual's education and employment history,with particular emphasis on the employee's experience on the predecessor contract,and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency,are conditions of the service contract,and are consistent with Executive Order 13495. (iii)Where the successor Contractor does not initially offer employment to all the predecessor contract service employees,the obligation to offer employment shall continue for 90 days after the successor contractor's first date of performance on the contract. (iv)An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held,but is one for which the employee is qualified,and even if it is subject to different employment terms and conditions,including changes to pay or benefits.(See 29 CFR 9.12 for a detailed description of a bonafide offer of employment). (c) (1)Notwithstanding the obligation under paragraph(b)of this clause,the successor Contractor and any subcontractors(i)may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge,(ii)are not required to offer a right of first refusal to any service employee(s)of the predecessor contractor who are not service employees within the meaning of the Service Contract Labor Standards statute,41 U.S.C.6701(3),and(iii)are not required to offer a right of first refusal to any service employee(s)of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes,based on the particular service employee's past performance,has failed to perform suitably on the job(see 29 CFR 9.12(c)(4)for additional information).The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions. (2)In addition,any Contractor or subcontractor that has been certified by the U.S.Small Business Administration as a E IUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program(e.g.,it must ensure that at least 35 percent of all of its employees reside within a HUBZone).The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's requirements. Page:80 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (3)Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to - comply with any provision of any other Executive order or law.For example,the requirements of the HUBZone Program(see FAR subpart 19.13), Executive Order 11246(Equal Employment Opportunity),and the Vietnam Era Veterans' Readjustment Assistance Act of 1974 may conflict, in certain circumstances,with the requirements of Executive Order 13495.All applicable laws and Executive orders must be satisfied in tandem with,and if necessary prior to,the requirements of Executive Order 13495,29 CFR part 9,and this clause. (d) (1)The Contractor shall,not less than 30 days before completion of the Contractor's performance of services on the contract,furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted.The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors.Where changes to the workforce are made after the submission of the certified list described in this paragraph,the Contractor shall,in accordance with paragraph(e)of this clause,not less than 10 days before completion of the services on this contract,furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contract performance.The updated list shall also contain anniversary dates of employment,and,where applicable,dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors. (2)Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and,if requested,to employees of the predecessor contractor or subcontractors or their authorized representatives. (3)The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9)to service employees of their possible right to an offer of employment with the successor contractor.Where a significant portion of the predecessor Contractor's workforce is not fluent in English,the notice shall be provided in English and the language(s)with which service employees are more familiar.The written notice shall be— (i)Posted in a conspicuous place at the worksite;or (ii)Delivered to the service employees individually. If such delivery is via email,the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice. (e) (1)If required in accordance with 52.222-41(n),the predecessor Contractor shall,not less than 10 days before completion of this contract,furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance.The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed,then the predecessor Contractor is not required to submit a revised list 10 days prior to completion of performance and the requirements of 52.222-41(n)are met.When there are changes to the workforce after submission of the 30-day list,the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion. (2)Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and,if requested,to employees of the predecessor contractor or subcontractors or their authorized representatives. (f)The Contractor and subcontractor shall maintain the following records(regardless of format,e.g., - paper or electronic)of its compliance with this clause for not less than a period of three years from the Page:81 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS date the records were created. (1)Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment,including the date,location,and attendance roster of any service employee meeting(s)at which the offers were extended,a summary of each meeting,a copy of any written notice that may have been distributed,and the names of the service employees from the predecessor contract to whom an offer was made. (2)A copy of any record that forms the basis for any exemption claimed under this part. (3)A copy of the service employee list provided to or received from the contracting agency. (4)An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee,the period covered by such payment,and the date of payment,and a copy of any receipt form provided by or authorized by the Wage and Hour Division.The Contractor shall also deliver a copy of the receipt to the service employee and file the original,as evidence of payment by the Contractor and receipt by the service employee,with the Administrator or an authorized representative within 10 days after payment is made. (g)Disputes concerning the requirements of this clause shall not be subject to the general disputes clause(52.233-1)of this contract.Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following:The Contractor,the contracting agency,the U.S. Department of Labor,and the service employees under the contract or its predecessor contract.The Contracting Officer will refer any service employee who wishes to file a complaint,or ask questions concerning this contract clause,to the:Branch of Government Contracts Enforcement,Wage and Hour Division,U.S.Department of Labor,200 Constitution Avenue NW.,Washington,DC 20210.Contact email:displaced@dol.gov. (h)The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s)available for inspection,copying,or transcription upon request. (i)]fit is determined,pursuant to regulations issued by the Secretary of Labor(Secretary),that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary,appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors,as provided in Executive Order 13495,the regulations,and relevant orders of the Secretary,or as otherwise provided by law. 0)The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions,including the imposition of sanctions for noncompliance.However,if the Contractor,as a result of such direction,becomes involved in litigation with a subcontractor,or is threatened with such involvement,the Contractor may request that the United States,through the Secretary,enter into such litigation to protect the interests of the United States. (k)The Contracting Officer will withhold,or cause to be withheld,from the prime Contractor under this or any other Government contract with the same prime Contractor,such sums as an authorized official of the Department of Labor requests,upon a determination by the Administrator,the Administrative Law Judge,or the Administrative Review Board,that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate.If the Contracting Officer or the Administrator, upon final order of the Secretary,finds that the Contractor has failed to provide a list of the names of service employees working under the contract,the Contracting Officer may,in his or her discretion,or upon request by the Administrator,take such action as may be necessary to cause the suspension of the payment of contract funds until such time as the list is provided to the Contracting Officer. Page:82 of 224 FCIS-JB-980001-B Refresh: 41 Pan II-CONTRACT TERMS AND CONDITIONS (1)Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform services under this contract,the Contractor shall include a provision that ensures— (I)That each subcontractor will honor the requirements of paragraphs(b)through(c)of this clause with respect to the service employees of a predecessor subcontractor or subcontractors working under this contract,as well as of a predecessor Contractor and its subcontractors; (2)'I'hat the subcontractor will provide the Contractor with the information about the service employees of the subcontractor needed by the Contractor to comply with paragraphs(d)and(e) of this clause;and (3)'I'he recordkceping requirements of paragraph(1)of this clause. Begin Regulation 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES(FEB 2016) (a)Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined,produced,or manufactured in— (1)Canada,and the anticipated value of the acquisition is$25,000 or more; (2)Israel,and the anticipated value of the acquisition is$50,000 or more; (3)Mexico,and the anticipated value of the acquisition is$77,533 or more;or (4)Armenia,Aruba,Austria,Belgium,Bulgaria,Croatia,Cyprus,Czech Republic,Denmark, ` Estonia,Finland,France,Germany,Greece,I long Kong,Hungary,Iceland,Ireland, Italy,Japan, Korea,Latvia,Liechtenstein,Lithuania,Luxembourg,Malta,Montenegro,Netherlands,New Zealand,Norway,Poland,Portugal,Romania,Singapore,Slovak Republic,Slovenia,Spain, Sweden,Switzerland,Taiwan,or the United Kingdom and the anticipated value of the acquisition is$191,000 or more. (b)Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined,produced,or manufactured by forced or indentured child labor,authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine,produce,or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18,Certification Regarding Knowledge of Child Labor for Listed End Products,or the equivalent at 52.212-3(i),the Contractor agrees to cooperate fully with authorized officials of the contracting agency,the Department of the Treasury,or the Department of Justice by providing reasonable access to records,documents,persons,or premises upon reasonable request by the authorized officials. (c) Violations.The Government may impose remedies set forth in paragraph(d)for the following violations: (1)The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products. (2)The Contractor has failed to cooperate,if required,in accordance with paragraph(b)of this clause,with an investigation of the use of forced or indentured child labor by an Inspector General,Attorney General,or the Secretary of the Treasury. (3)The Contractor uses forced or indentured child labor in its mining,production,or manufacturing processes. Page:83 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (4)The Contractor has furnished under the contract end products or components that have been mined,produced,or manufactured wholly or in part by forced or indentured child labor.(The 1 Government will not pursue remedies at paragraph(d)(2)or paragraph(d)(3)of this clause unless sufficient evidence indicates that the Contractor knew of the violation.) (d)Remedies. (1)The Contracting Officer may terminate the contract. (2)The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4. (3)The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4. Begin Regulation 52.222-29 NOTIFICATION OF VISA DENIAL(APR 2015) (a)Definitions.As used in this clause— Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs,and is found at www.dol.gov/ofccp/LGBT/1,GBT_FAQs.html. Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs,and is found at www.dol.gov/ofccp/LGBT/LGBT—FAQs.html. (b)Requirement to notify. (1)It is a violation of Executive Order 11246 for a Contractor to refuse to employ any applicant or not to assign any person hired in the United States, Puerto Rico,the Northern Mariana Islands, American Samoa,Guam,the U.S.Virgin Islands,or Wake Island,on the basis that the individual's race,color,religion,sex,sexual orientation,gender identity,or national origin is not compatible with the policies of the country where or for whom the work will be performed(41 CFR 60-1.10). (2)The Contractor shall notify the U.S. Department of State,Assistant Secretary,Bureau of Political-Military Affairs(PM),2201 C Street NW.,Room 6212,Washington,DC 20520,and the U.S. Department of Labor,Deputy Assistant Secretary for Federal Contract Compliance,when it has knowledge of any employee or potential employee being denied an entry visa to a country where this contract will be performed,and it believes the denial is attributable to the race,color, religion,sex,sexual orientation,gender identity,or national origin of the employee or potential employee. Begin Regulation 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES(JUL 2014) (a)Equal opportunity clause."rhe Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60—741.5(a),as of March 24,2014.This clause prohibits discrimination against qualified individuals on the basis of disability,and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities. (b)Subcontracts.The Contractor shall include the terms of this clause in every subcontract or purchase Page:84 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS order in excess of$15,000 unless exempted by rules,regulations,or orders or the Secretary,so that such provisions will be binding upon each subcontractor or vendor.The Contractor shall act as specified by the Director,Office of Federal Contract Compliance Programs of the U.S.Department of Labor,to enforce the terns,including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings Begin Regulation 52.222-41 SERVICE CONTRACT LABOR STANDARDS(MAY 2014) (a)Definitions.As used in this clause— Contractor when this clause is used in any subcontract,shall be deemed to refer to the subcontractor, except in the term"Government Prime Contractor." Service employee means any person engaged in the performance of this contract other than any person employed in a bona fide executive,administrative,or professional capacity,as these terms are defined in Part 541 of Title 29,Code of Federal Regulations,as revised.It includes all such persons regardless of any contractual relationship that may be alleged to exist between a Contractor or subcontractor. (b)Applicability.This contract is subject to the following provisions and to all other applicable provisions of 41 U.S.C.chapter 67,Service Contract Labor Standards,and regulations of the Secretary of Labor(29 CFR Part 4).This clause does not apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by 41 U.S.C.6702,as interpreted in Subpart C of 29 CFR Part 4. (c)Compensation. (1)Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of labor or authorized representative,as specified in any wage determination attached to this contract. (2) (i)If a wage determination is attached to this contract,the Contractor shall classify any class of service employee which is not listed herein and which is to be employed under the contract(i.e.,the work to be performed is not performed by any classification listed in the wage determination),so as to provide a reasonable relationship(i.e.,appropriate level of skill comparison)between such unlisted classifications and the classifications listed in the wage determination.Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this paragraph(c). (ii)This conforming procedure shall be initiated by the Contractor prior to the performance of contract work by the unlisted class of employee.The Contractor shall submit Standard Form(SF) 1444,Request for Authorization of Additional Classification and Rate,to the Contracting Officer no later than 30 days after the unlisted class of employee performs any contract work.The Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444(which must include information regarding the agreement or disagreement of the employees'authorized representatives or the employees themselves together with the agency recommendation), and all pertinent information to the Wage and Hour Division,Employment Standards Administration,U.S. Department of labor.The Wage and Hour Division will approve, modify,or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary. (iii)The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken.Each affected employee shall be furnished by the Contractor with a Page:85 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS written copy of such determination or it shall be posted as a part of the wage determination. (iv) (A)The process of establishing wage and fringe benefit rates that bear a reasonable relationship to those listed in a wage determination cannot be reduced to any single formula.The approach used may vary from wage determination to wage determination depending on the circumstances.Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may,for example,be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems(Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality.Basic to the establishment of any conformable wage rate(s)is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B)In the case of a contract modification,an exercise of an option or extension of an existing contract,or in any other case where a Contractor succeeds a contract under which the classification in question was previously conformed pursuant to paragraph(c)of this clause,a new conformed wage rate and fringe benefits may be assigned to the conformed classification by indexing(i.e.,adjusting)the previous conformed rate and fringe benefits by an amount equal to the average (mean)percentage increase(or decrease,where appropriate)between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination,and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees,the Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision(c)(2)(ii)of this clause need not be followed. (C)No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1)of the Fair Labor Standards Act of 1938,as amended. (v)The wage rate and fringe benefits finally detennined under this paragraph(c)(2)of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification.Failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Service Contract Labor Standards statute and this contract. (vi)Upon discovery of failure to comply with subparagraphs(b)(2)of this clause,the Wage and Hour Division shall make a final determination of conformed classification, wage rate,and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work. (3)Adjustment of Compensation. If the term of this contract is more than 1 year,the minimum monetary wages and fringe benefits required to be paid or furnished thereunder to service employees under the contract shall be subject to adjustment after 1 year and not less often than once every 2 years,under wage determinations issued by the Wage and Hour Division. (d)Obligation to Furnish Fringe Benefits.The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under subparagraph (c)(2)of this clause by furnishing equivalent combinations of bona fide fringe benefits,or by making equivalent or differential cash payments,only in accordance with Subpart D of 29 CFR Part 4. Page:86 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (e)Minimum Wage. In the absence of a minimum wage attachment for this contract,neither the Contractor nor any subcontractor under this contract shall pay any person performing work under this contract(regardless of whether the person is a service employee)less than the minimum wage specified by section 6(a)(1)of the Fair Labor Standards Act of 1938.Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any employee. (f)Successor Contracts. If this contract succeeds a contract subject to the Service Contract Labor Standards statute under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this contract setting forth such collectively bargained wage rates and fringe benefits,neither the Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work(regardless of whether or not such employee was employed under the predecessor contract),less than the wages and fringe benefits provided for in such collective bargaining agreement,to which such employee would have been entitled if employed under the predecessor contract,including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1 b(b)apply or unless the Secretary of Labor or the Secretary's authorized representative finds,after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality,or determines,as provided in 29 CFR 4.11,that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations.Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor contract was not entered into as a result of arm's length negotiations,the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the contract or subcontract,in accordance with the decision of the Administrator,the Administrative Law Judge,or the Administrative Review Board,as the case may be,irrespective of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Camp.Gen.401 (1973)).In the case of a wage determination issued solely as a result of a finding of substantial variance,such determination shall be effective as of the date of the final administrative decision. (g)Notification to employees.The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract,or shall post the wage determination attached to this contract.The poster provided by the Department of Labor(Publication WH 1313)shall be posted in a prominent and accessible place at the worksite.Failure to comply with this requirement is a violation of 41 U.S.C.6703 and of this contract. (h)Safe and Sanitary Working Conditions.The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the Contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of the service employee.The Contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925. (i)Records.(1)The Contractor and each subcontractor performing work subject to the Service Contract Labor Standards statute shall make and maintain for 3 years from the completion of the work,and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration,a record of the following: (i)For each employee subject to the Service Contract Labor Standards statute— . r (A)Name and address and social security number; Page:87 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (B)Correct work classification or classifications,rate or rates of monetary wages paid and fringe benefits provided,rate or rates of payments in lieu of fringe benefits,and total daily and weekly compensation; (C)Daily and weekly hours worked by each employee;and (D)Any deductions, rebates,or refunds from the total daily or weekly compensation of each employee. (ii)For those classes of service employees not included in any wage determination attached to this contract,wage rates or fringe benefits determined by the interested parties or by the Administrator or authorized representative under the terms of paragraph(c)of this clause.A copy of the report required by subdivision(c)(2)(ii)of this clause will fulfill this requirement. (iii)Any list of the predecessor Contractor's employees which had been furnished to the Contractor as prescribed by paragraph(n)of this clause. (2)The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division. (3)Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract,and in the case of failure to produce these records,the Contracting Officer,upon direction of the Department of Labor and notification to the Contractor,shall take action to cause suspension of any further payment or advance of funds until the violation ceases. (4)The Contractor will permit authorized representatives of the Wage and Flour Division to conduct interviews with employees at the worksite during normal working hours. /> 6)Pay Periods.The Contractor shall unconditionally pay to each employee subject to the Service Contract Labor Standards statute all wages due free and clear and without subsequent deduction(except as otherwise provided by law or regulations,29 CFR Part 4),rebate,or kickback on any account.These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued.A pay period under this statute may not be of any duration longer than semi-monthly. (k) Withholding of Payments and Termination of Contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of Labor requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees employed by the Contractor or subcontractor.In the event of failure to pay any employees subject to the Service Contract Labor Standards statute all or part of the wages or fringe benefits due under the Service Contract Labor Standards statute,the Contracting Officer may,after authorization or by direction of the Department of Labor and written notification to the Contractor,take action to cause suspension of any further payment or advance of funds until such violations have ceased.Additionally, any failure to comply with the requirements of this clause may be grounds for termination of the right to proceed with the contract work. In such event,the Government may enter into other contracts or arrangements for completion of the work,charging the Contractor in default with any additional cost. (1)Subcontracts.The Contractor agrees to insert this clause in all subcontracts subject to the Service Contract Labor Standards statute. (m)Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime Contractor or any subcontractor under the contract are provided for in a collective bargaining agreement which is or will be effective during any period in which the contract is being performed,the Government prime Contractor shall report such fact to the Contracting Officer,together with full information as to the Page:88 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS application and accrual of such wages and fringe benefits,including any prospective increases,to service employees engaged in work on the contract,and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract,in the case of collective bargaining agreements effective at such time,and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of contract performance such agreements shall be reported promptly after negotiation thereof. (n)Seniority List.Not less than 10 days prior to completion of any contract being performed at a Federal facility where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a Contractor(predecessor)or successor(29 CFR 4.173),the incumbent prime Contractor shall furnish to the Contracting Officer a certified list of the names of all service employees on the Contractor's or subcontractor's payroll during the last month of contract performance.Such list shall also contain anniversary dates of employment on the contract either with the current or predecessor Contractors of each such service employee.The Contracting Officer shall turn over such list to the successor Contractor at the commencement of the succeeding contract. (o)Ruling and Interpretations.Rulings and interpretations of the Service Contract Labor Standards statute are contained in Regulations,29 CFR Part 4. (p)Contractor's Certification.(1)By entering into this contract,the Contractor(and officials thereof) certifies that neither it nor any person or firm who has a substantial interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed under 41 U.S.C.6706. (2)No part of this contract shall be subcontracted to any person or Firm ineligible for award of a Government contract under 41 U.S.C.6706. (3)The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001. (q) Variations, Tolerances, and Exemptions Involving Employment.Notwithstanding any of the provisions in paragraphs(b)through(o)of this clause,the following employees may be employed in accordance with the following variations,tolerances,and exemptions,which the Secretary of Labor, pursuant to 41 U.S.C.6707 prior to its amendment by Pub.L.92-473,found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1)Apprentices,student-learners,and workers whose earning capacity is impaired by age, physical or mental deficiency,or injury may be employed at wages lower than the minimum wages otherwise required by 41 U.S.C.6703(1)without diminishing any fringe benefits or cash payments in lieu thereof required under 41 U.S.C.6703(2),in accordance with the conditions and procedures prescribed for the employment of apprentices,student-learners,persons with disabilities,and disabled clients of work centers under section 14 of the Fair Labor Standards Act of 1938,in the regulations issued by the Administrator(29 CFR parts 520,521,524,and 525). (2)The Administrator will issue certificates under the statute for the employment of apprentices, student-learners,persons with disabilities,or disabled clients of work centers not subject to the Fair Labor Standards Act of 1938,or subject to different minimum rates of pay under the two statutes,authorizing appropriate rates of minimum wages(but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof),applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938(29 CFR parts 520,521,524,and 525). (3)The Administrator will also withdraw,annul,or cancel such certificates in accordance with the regulations in 29 CFR Parts 525 and 528. l (r)Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program Page:89 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS registered with a State Apprenticeship Agency which is recognized by the U.S.Department of Labor,or if no such recognized agency exists in a State,under a program registered with the Office of Apprenticeship Training,Employer,and Labor Services(OATELS),U.S. Department of Labor.Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually perfonned.The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program,expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination.The allowable ratio of apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted to the Contractor as to his entire work force under the registered program. (s)Tips.An employee engaged in an occupation in which the employee customarily and regularly receives more than$30 a month in tips may have the amount of these tips credited by the employer against the minimum wage required by 41 U.S.C.6703(l),in accordance with section 3(m)of the Fair Labor Standards Act and Regulations,29 CFR Part 531. However,the amount of credit shall not exceed $1.34 per hour beginning January I, 1981.To use this provision— (1)The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2)The employees must be allowed to retain all tips(individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3)The employer must be able to show by records that the employee receives at least the applicable Service Contract Labor Standards minimum wage through the combination of direct wages and tip credit; (4)The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of 41 U.S.C.6707fe1. (t)Disputes Concerning Labor Standards.The U.S.Department of Labor has set forth in 29 CFR Parts 4,6,and 8 procedures for resolving disputes concerning labor standards requirements.Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor(or any of its subcontractors)and the contracting agency,the U.S. Department of Labor,or the employees or their representatives. Begin Regulation 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES(MAY 2014) In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4),this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It Is Not a Wage Determination Employee Class Monetary Wage—Fringe Benefits Page:90 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS Begin Regulation 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS—PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS)(MAY 2014) (a)This clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective bargaining agreements. (b)The Contractor warrants that the prices in this contract do not include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (c)The wage determination,issued under the Service Contract Labor Standards statute,(41 U.S.C- cha t r 6 ),by the Administrator,Wage and Hour Division,Employment Standards Administration, U.S.Department of Labor,current on the anniversary date of a multiple year contract or the beginning of each renewal option period,shall apply to this contract. If no such determination has been made applicable to this contract,then the Federal minimum wage as established by section 6(a)(1)of the Fair Labor Standards Act of 1938,as amended,(29 U.S.C.206)current on the anniversary date of a multiple year contract or the beginning of each renewal option period,shall apply to this contract. (d)The contract price,contract unit price labor rates,or fixed hourly labor rates will be adjusted to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of: (1)The Department of Labor wage determination applicable on the anniversary date of the multiple year contract,or at the beginning of the renewal option period.For example,the prior year wage determination required a minimum wage rate of$4.00 per hour.The Contractor chose to pay$4.10.The new wage determination increases the minimum rate to$4.50 per hour.Even if the Contractor voluntarily increases the rate to$4.75 per hour,the allowable price adjustment is $.40 per hour; (2)An increase or decrease wage determination otherwise applied to the contract by operation of law;or (3)An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this contract,affects the minimum wage,and becomes applicable to this contract under law. (e)Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in paragraph(d)of this clause,and the accompanying increases or decreases in social security and unemployment taxes and workers'compensation insurance,but shall not otherwise include any amount for general and administrative costs,overhead,or profit. (f)The Contractor shall notify the Contracting Officer of any increase claimed under this clause within 30 days after receiving a new wage determination unless this notification period is extended in writing by the Contracting Officer.The Contractor shall promptly notify the Contracting Officer of any decrease under this clause,but nothing in the clause shall preclude the Government from asserting a claim within the period permitted by law.The notice shall contain a statement of the amount claimed _ and the change in fixed hourly rates(if this is a time-and-materials or labor-hour contract),and any relevant supporting data,including payroll records,that the Contracting Officer may reasonably require. ' Upon agreement of the parties,the contract price,contract unit price labor rates,or fixed hourly rates Page:91 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS shall be modified in writing.The Contractor shall continue performance pending agreement on or determination of any such adjustment in its effective date. r (g)The Contracting Officer or an authorized representative shall have access to and the right to examine any directly pertinent books,documents,papers and records of the Contractor until the expiration of 3 years after final payment under the contract. Begin Regulation 52.222-50 COMBATING TRAFFICKING IN PERSONS(MAR 2015) (a)Definitions.As used in this clause— Agent means any individual,including a director,an officer,an employee,or an independent contractor, authorized to act on behalf of the organization. Coercion means— (1)Threats of serious harm to or physical restraint against any person; (2)Any scheme,plan,or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person;or (3)The abuse or threatened abuse of the legal process. Commercially available off-the-shelf(COTS)item means— (1)Any item of supply(including construction material)that is— (i)A commercial item(as defined in paragraph(1)of the definition at FAR 2.101); (ii)Sold in substantial quantities in the commercial marketplace;and (iii)Offered to the Govemment, under a contract or subcontract at any tier,without modification,in the same form in which it is sold in the commercial marketplace;and (2)Does not include bulk cargo,as defined in 46 U.S.C.40102(4),such as agricultural products and petroleum products. Commercial sex act means any sex act on account of which anything of value is given to or received by any person. Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. Forced Gabor means knowingly providing or obtaining the labor or services of a person— (1)By threats of serious harm to,or physical restraint against,that person or another person; (2)By means of any scheme,plan,or pattern intended to cause the person to believe that,if the ; person did not perform such labor or services,that person or another person would suffer serious Page:92 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS harm or physical restraint;or • (3)By means of the abuse or threatened abuse of law or the legal process. Involuntary servitude includes a condition of servitude induced by means of— (1)Any scheme,plan,or pattern intended to cause a person to believe that,if the person did not enter into or continue in such conditions,that person or another person would suffer serious harm or physical restraint;or (2)The abuse or threatened abuse of the legal process. Severe forms of tracking in persons means— (1)Sex trafficking in which a commercial sex act is induced by force, fraud,or coercion,or in which the person induced to perform such act has not attained 18 years of age;or (2)The recruitment,harboring,transportation,provision,or obtaining of a person for labor or services,through the use of force,fraud,or coercion for the purpose of subjection to involuntary servitude,peonage,debt bondage,or slavery. Sex tracking means the recruitment,harboring,transportation,provision,or obtaining of a person for the purpose of a commercial sex act. Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. Subcontractor means any supplier,distributor,vendor,or firm that furnishes supplies or services to or ' for a prime contractor or another subcontractor. United States means the 50 States,the District of Columbia,and outlying areas. (b)Policy.The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause.Contractors,contractor employees,and their agents shal I not— (1)Engage in severe forms of trafficking in persons during the period of performance of the contract; (2)Procure commercial sex acts during the period of performance of the contract; (3)Use forced labor in the performance of the contract; (4)Destroy,conceal,confiscate,or otherwise deny access by an employee to the employee's identity or immigration documents,such as passports or drivers' licenses,regardless of issuing authority; (5) (i)Use misleading or fraudulent practices during the recruitment of employees or offering of employment,such as failing to disclose,in a format and language accessible to the worker,basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits,the location of work,the living conditions,housing and associated costs(if employer or agent provided or arranged),any significant cost to be charged to the employee,and,if applicable,the hazardous nature of the work; r (ii)Use recruiters that do not comply with local labor laws of the country in which the recruiting lakes place; Page:93 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (6)Charge employees recruitment fees; (7) (i)Fail to provide return transportation or pay for the cost of return transportation upon the end of employment— (A)For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S.Government contract or subcontract(for portions of contracts performed outside the United States);or (B)For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S.Government contract or subcontract,if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee(for portions of contracts performed inside the United States);except that— (ii)The requirements of paragraphs(b)(7)(i)of this clause shall not apply to an employee who is— (A)Legally permitted to remain in the country of employment and who chooses to do so;or (B)Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation; (iii)The requirements of paragraph(b)(7)(i)of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment,or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services,legal redress,or witness activity. For example,the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.This paragraph does not apply when the exemptions at paragraph(b)(7)(ii)of this clause apply. (8)Provide or arrange housing that fails to meet the host country housing and safety standards;or (9)If required by law or contract,fail to provide an employment contract,recruitment agreement, or other required work document in writing.Such written work document shall be in a language the employee understands.If the employee must relocate to perform the work,the work document shall be provided to the employee at least five days prior to the employee relocating.The employee's work document shall include,but is not limited to,details about work description, wages,prohibition on charging recruitment fees,work location(s),living accommodations and associated costs,time off,roundtrip transportation arrangements,grievance process,and the content of applicable laws and regulations that prohibit trafficking in persons. (c)Contractor requirements.The Contractor shall— (1)Notify its employees and agents of— (i)The United States Government's policy prohibiting trafficking in persons,described in paragraph(b)of this clause;and (d)The actions that will be taken against employees or agents for violations of this policy.Such actions for employees may include,but are not limited to,removal from the contract,reduction in benefits,or termination of employment;and (2)Take appropriate action,up to and including termination,against employees,agents,or Page:94 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS subcontractors that violate the policy in paragraph(b)of this clause. (d)Notification. (I)The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of— (i)Any credible information it receives from any source(including host country law enforcement)that alleges a Contractor employee,subcontractor,subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph(b)of this clause(see also 18 U.S.C. 1351,Fraud in Foreign Labor Contracting,and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract,which requires disclosure to the agency Office of the Inspector General when the Contractor has credible evidence of fraud);and (ii)Any actions taken against a Contractor employee,subcontractor,subcontractor employee,or their agent pursuant to this clause. (2)If the allegation may be associated with more than one contract,the Contractor shall inform the contracting officer for the contract with the highest dollar value. (e)Remedies. In addition to other remedies available to the Government,the Contractor's failure to comply with the requirements of paragraphs(c),(d),(g),(h),or(i)of this clause may result in— (1)Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2)Requiring the Contractor to terminate a subcontract; (3)Suspension of contract payments until the Contractor has taken appropriate remedial action; (4)Loss of award fee,consistent with the award fee plan,for the performance period in which the Government determined Contractor non-compliance; (5)Declining to exercise available options under the contract; (6)Termination of the contract for default or cause,in accordance with the termination clause of this contract;or (7)Suspension or debarment. (f)Mitigating and aggravating factors.When determining remedies,the Contracting Officer may consider the following: (1)Mitigating factors.The Contractor had a Trafficking in Persons compliance plan or an awareness program at the time of the violation,was in compliance with the plan,and has taken appropriate remedial actions for the violation,that may include reparation to victims for such violations. (2)Aggravating factors.The Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan,when directed by the Contracting Officer to do so. (g)Full cooperation. (I)The Contractor shall,at a minimum— (i)Disclose to the agency Inspector General information sufficient to identify the nature Page:95 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS and extent of an offense and the individuals responsible for the conduct; (ii)Provide timely and complete responses to Government auditors'and investigators' requests for documents; (iii)Cooperate fully in providing reasonable access to its facilities and staff(both inside and outside the U.S.)to allow contracting agencies and other responsible Federal agencies to conduct audits, investigations,or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000(22 U.S.C.chapter 78),E.O. 13627,or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts,or the use of forced labor;and (iv)Protect all employees suspected of being victims of or witnesses to prohibited activities,prior to returning to the country from which the employee was recruited,and shall not prevent or hinder the ability of these employees from cooperating fully with Government authorities. (2)The requirement for full cooperation does not foreclose any Contractor rights arising in law, the FAR,or the terms of the contract.It does not— (i)Require the Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; (ii)Require any officer,director,owner,employee,or agent of the Contractor,including a sole proprietor,to waive his or her attorney client privilege or Fifth Amendment rights;or (iii)Restrict the Contractor from— (A)Conducting an internal investigation; or (B)Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. (h)Compliance plan. (I)This paragraph(h)applies to any portion of the contract that— (i)Is for supplies,other than commercially available off-the-shelf items,acquired outside the United States,or services to be performed outside the United States;and (ii)Has an estimated value that exceeds$500,000. (2)The Contractor shall maintain a compliance plan during the performance of the contract that is appropriate— (i)To the size and complexity of the contract;and (ii)To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons. (3)Minimum requirements.The compliance plan must include,at a minimum,the following: (i)An awareness program to inform contractor employees about the Government's policy Page:96 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS prohibiting trafficking-related activities described in paragraph(b)of this clause,the — activities prohibited,and the actions that will be taken against the employee for violations.Additional information about"Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State's Office to Monitor and Combat Trafficking in Persons at hup://www.state.gov/j/tip/. (ii)A process for employees to report,without fear of retaliation,activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844-888—FREE and its email address at help@befree.org. (iii)A recruitment and wage plan that only permits the use of recruitment companies with trained employees,prohibits charging recruitment fees to the employee,and ensures that wages meet applicable hostcountry legal requirements or explains any variance. (iv)A housing plan,if the Contractor or subcontractor intends to provide or arrange housing,that ensures that the housing meets host-country housing and safety standards. (v)Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons(including activities in paragraph(b)of this clause)and to monitor,detect,and terminate any agents,subcontracts,or subcontractor employees that have engaged in such activities. (4)Posting. (i)The Contractor shall post the relevant contents of the compliance plan,no later than the initiation of contract performance,at the workplace(unless the work is to be performed in the field or not in a fixed location)and on the Contractor's Web site(if one is maintained). If posting at the workplace or on the Web site is impracticable,the Contractor shall provide the relevant contents of the compliance plan to each worker in writing. (ii)The Contractor shall provide the compliance plan to the Contracting Officer upon request. (5)Certification.Annually after receiving an award,the Contractor shall submit a certification to the Contracting Officer that— (i)It has implemented a compliance plan to prevent any prohibited activities identified at paragraph(b)of this clause and to monitor,detect,and terminate any agent,subcontract or subcontractor employee engaging in prohibited activities;and (ii)After having conducted due diligence,either - (A)To the best of the Contractor's knowledge and belief,neither it nor any of its agents,subcontractors,or their agents is engaged in any such activities;or (B)If abuses relating to any of the prohibited activities identified in paragraph(b) of this clause have been found,the Contractor or subcontractor has taken the appropriate remedial and referral actions. (i)Subcontracts. (1)The Contractor shall include the substance of this clause,including this paragraph(i),in all subcontracts and in all contracts with agents.The requirements in paragraph(h)of this clause apply only to any portion of the subcontract that— (A)Is for supplies,other than commercially available off-the-shelf items,acquired Page:97 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS outside the United States,or services to be performed outside the United States; and (B)Has an estimated value that exceeds$500,000. (2)If any subcontractor is required by this clause to submit a certification,the Contractor shall require submission prior to the award of the subcontract and annually thereafter.The certification shall cover the items in paragraph(h)(5)of this clause. Begin Regulation 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) (a)The items of equipment to be serviced under this contract are used regularly for other than Government purposes,and are sold or traded by the Contractor in substantial quantities to the general public in the course of normal business operations. (b)The services shall be furnished at prices which are,or are based on,established catalog or market prices for the maintenance,calibration,or repair of equipment. (1)An"established catalog price"is a price included in a catalog,price list,schedule,or other form that is regularly maintained by the manufacturer or the Contractor,is either published or otherwise available for inspection by customers,and states prices at which sales currently,or were last,made to a significant number of buyers constituting the general public. (2)An"established market price" is a current price,established in the usual course of trade between buyers and sellers free to bargain,which can be substantiated from sources independent of the manufacturer or Contractor. (c)The compensation(wage and fringe benefits)plan for all service employees performing work under the contract shall be the same as that used for these employees and for equivalent employees servicing the same equipment of commercial customers. (d)The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors.The Contractor shall determine the applicability of this exemption to any subcontract on or before subcontract award. In making a judgment that the exemption applies,the Contractor shall consider all factors and make an affirmative determination that all of the conditions in paragraphs(a) through(c)of this clause will be met. (e)If the Department of Labor determines that any conditions for exemption in paragraphs(a)through (c)of this clause have not been met,the exemption shall be deemed inapplicable,and the contract shall become subject to the Service Contract Labor Standards statute. In such case,the procedures at 29 CFR 4.123(e)(1)(iv)and 29 CFR 4.5(c)will be followed (f)The Contractor shall include the substance of this clause,including this paragraph(0, in subcontracts for exempt services under this contract. Begin Regulation 52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS(MAY 2014) Page:98 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (a)The services under this contract are offered and sold regularly to non-Governmental customers,and are provided by the Contractor to the general public in substantial quantities in the course of normal J business operations. (b)The contract services are furnished at prices that are,or are based on,established catalog or market prices.An"established catalog price"is a price included in a catalog,price list,schedule,or other form that is regularly maintained by the manufacturer or the Contractor,is either published or otherwise available for inspection by customers,and states prices at which sales currently,or were last,made to a significant number of buyers constituting the general public.An"established market price" is a current price,established in the usual course of ordinary and usual trade between buyers and sellers free to bargain,which can be substantiated from sources independent of the manufacturer or Contractor. (c)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. (d)The Contractor uses the same compensation(wage and fringe benefits)plan for all service employees performing work under the contract as the Contractor uses for these employees and for equivalent employees servicing commercial customers. (e) (1)Except for services identified in FAR 22.1003-4(d)(1)(iv),the subcontractor for exempt services shall be selected for award based on other factors in addition to price or cost with the combination of other factors at least as important as price or cost;or (2)A subcontract for exempt services shall be awarded on a sole source basis. (f)The Contractor is responsible for compliance with all the conditions of this exemption by its subcontractors.The Contractor shall determine in advance,based on the nature of the subcontract requirements and knowledge of the practices of likely subcontractors,that all or nearly all likely subcontractors will meet the conditions in paragraphs(a)through(d)of this clause. If the services are currently being performed under a subcontract,the Contractor shall consider the practices of the existing subcontractor in making a determination regarding the conditions in paragraphs(a)through(d) of this clause. If the Contractor has reason to doubt the validity of the certification,the requirements of the Service Contract Labor Standards statute shall be included in the subcontract. (g)If the Department of Labor determines that any conditions for exemption at paragraphs(a)through (e)of this clause have not been met,the exemption shall be deemed inapplicable,and the contract shall become subject to the Service Contract Labor Standards statute. In such case,the procedures in at 29 CFR 4.123(e)(2)(iii)and 29 CFR 4.5(c)will be followed. (h)The Contractor shall include the substance of this clause,including this paragraph(h),in subcontracts for exempt services under this contract. Begin Regulation 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015) (a)Definitions. As used in this clause— Commercially available off-the-shelf(COTS)item— (1)Means any item of supply that is— (i)A commercial item(as defined in paragraph(1)of the definition at 2.101); Page:99 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (ii)Sold in substantial quantities in the commercial marketplace;and (iii)Offered to the Government,without modification,in the same form in which it is sold in the commercial marketplace;and (2)Does not include bulk cargo,as defined in 46 U.S.C.40102(4),such as agricultural products and petroleum products.Per 46 CFR 525.1(c)(2),"bulk cargo'means cargo that is loaded and carried in bulk onboard ship without mark or count,in a loose unpackaged form,having homogenous characteristics.Bulk cargo loaded into intermodal equipment,except LASH or Seabee barges,is subject to mark and count and,therefore,ceases to be bulk cargo. Employee assigned to the contract means an employee who was hired after November 6, 1986(after November 27,2009,in the Commonwealth of the Northern Mariana Islands),who is directly performing work,in the United States,under a contract that is required to include the clause prescribed at 22.1803.An employee is not considered to be directly performing work under a contract if the employee— (1)Normally performs support work,such as indirect or overhead functions;and (2)Does not perform any substantial duties applicable to the contract. Subcontract means any contract,as defined in 2.101,entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders,and changes and modifications to purchase orders. Subcontractor means any supplier,distributor,vendor,or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. United States,as defined in 8 U.S.C. 1101(a)(38),means the 50 States,the District of Columbia,Puerto Rico,Guam,the Commonwealth of the Northern Mariana Islands,and the U.S.Virgin Islands. (b)Enrollment and veriftcation requirements. (1)I f the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall— (i)Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award; (ii)Verify all new employees.Within 90 calendar days of enrollment in the E-Verify program,begin to use 1 Verify to initiate verification of employment eligibility of all new hires of the Contractor,who are working in the United States,whether or not assigned to the contract,within 3 business days after the date of hire(but see paragraph (b)(3)of this section);and (iii)Verify employees assigned to the contract.For each employee assigned to the contract,initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract,whichever date is later(but see paragraph(b)(4)of this section). (2)If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award,the Contractor shall use F.-Verify to initiate verification of employment eligibility of— (i)All new employees. (A)Enrolled 90 calendar days or more.The Contractor shall initiate verification of all new hires of the Contractor,who arc working in the United States,whether Page:100 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS or not assigned to the contract,within 3 business days after the date of hire(but see paragraph(b)(3)of this section);or (B)Enrolled less than 90 calendar days.Within 90 calendar days after enrollment as a Federal Contractor in E-Verify,the Contractor shall initiate verification of all new hires of the Contractor,who are working in the United States,whether or not assigned to the contract,within 3 business days after the date of hire(but see paragraph(b)(3)of this section);or (ii)Employees assigned to the contract.For each employee assigned to the contract,the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract,whichever date is later(but see paragraph(b)(4)of this section). (3)If the Contractor is an institution of higher education(as defined at 20 U.S.C. 1001(a));a State or local government or the government of a Federally recognized Indian tribe;or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond,the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires.The Contractor shall follow the applicable verification requirements at(b)(1)or(b)(2),respectively,except that any requirement for verification of new employees applies only to new employees assigned to the contract- (4)Option to verify employment eligibility ofall employees.The Contractor may elect to verify all existing employees hired after November 6, 1986(after November 27,2009,in the Commonwealth of the Northern Mariana Islands),rather than just those employees assigned to the contract.The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986(after November 27,2009,in the Commonwealth of the Northern Mariana Islands),within 180 calendar days of— (i)Enrollment in the E-Verify program;or (ii)Notification to E-Verify Operations of the Contractor's decision to exercise this option,using the contact information provided in the E-Verify program Memorandum of Understanding(MOU). (5)The Contractor shall comply,for the period of performance of this contract,with the requirements of the E-Verify program MOU. (i)The Department of Flomeland Security(DHS)or the Social Security Administration (SSA)may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case,the Contractor will be referred to a suspension or debarment official. (ii)During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar,the Contractor is excused from its obligations under paragraph(b)of this clause.If the suspension or debarment official determines not to suspend or debar the Contractor,then the Contractor must reenroll in E-Verify. (c)Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site:http://www.dhs.gov/E-Verify. (d)Individuals previously verified.The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee— (1)Whose employment eligibility was previously verified by the Contractor through the E-Verify program; Page:101 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (2)Who has been granted and holds an active U.S.Government security clearance for access to confidential,Secret,or top secret information in accordance with the National Industrial Security Program Operating Manual;or (3)Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive(HSPD)-12,Policy for a Common Identification Standard for Federal Employees and Contractors. (e)Subcontracts.The Contractor shall include the requirements of this clause,including this paragraph (c)(appropriately modified for identification of the parties), in each subcontract that— (1)Is for— (i)Commercial or noncommercial services(except for commercial services that are part of the purchase of a COTS item(or an item that would be a COTS item,but for minor modifications),performed by the COTS provider,and are normally provided for that COTS item);or (ii)Construction; (2)1las a value of more than$3,500;and (3)Includes work performed in the United States. Begin Regulation 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015) (a)Definitions. As used in this clause— "United States"means the 50 states and the District of Columbia. 6Yorker'— (1)Means any person engaged in performing work on,or in connection with,a contract covered by Executive Order 13658,and— (i)Whose wages under such contract are governed by the Fair Labor Standards Act(29 U.S.C.chapter 8),the Service Contract Labor Standards statute(41 U.S.C.chapter 67),or the Wage Rate Requirements(Construction)statute(40 U.S.C.chapter 31.subchapter IV); (ii)Other than individuals employed in a bona fide executive,administrative,or professional capacity,as those terms are defined in 29 CFR part 541;and (iii)Regardless of the contractual relationship alleged to exist between the individual and the employer. (2)Includes workers performing on,or in connection with,the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C.214(c). (3)Also includes any person working on,or in connection with,the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and'Training Administration,Office of Apprenticeship,or with a State Apprenticeship Agency recognized by the Office of Apprenticeship. (b)Executive Order minimum wage rate. 10 Page:102 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (1)The Contractor shall pay to workers,while performing in the United States,and performing on,or in connection with,this contract,a minimum hourly wage rate of$10.10 per hour \`l beginning January 1,2015. (2)The Contractor shalt adjust the minimum wage paid,if necessary,beginning January 1,2016, and annually thereafter,to meet the applicable annual E.O.minimum wage.The Administrator of the Department of Labor's Wage and Hour Division(the Administrator)will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O.minimum wage rate.The Administrator will also publish the applicable E.O.minimum wage on www.wdol.gov(or any successor Web site),and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction)statute,that will provide information on the E.O.minimum wage and how to obtain annual updates.The applicable published E.O.minimum wage is incorporated by reference into this contract. (3) (i)The Contractor may request a price adjustment only after the effective date of the new annual E.O.minimum wage determination.Prices will be adjusted only for increased labor costs(including subcontractor labor costs)as a result of an increase in the annual E.O.minimum wage,and for associated labor costs(including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers'compensation insurance,but will not otherwise include any amount for general and administrative costs,overhead,or profit. (ii)Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph(b)(2).Contractors shall consider any subcontractor requests for such price adjustment. (iii)The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph(b)(3)(i)of this clause,and will not provide duplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements(Construction) statute. (4)The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause. (5)A pay period under this clause may not be longer than semi-monthly,but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period.Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. (6)The Contractor shall pay,unconditionally to each worker,all wages due free and clear without subsequent rebate or kickback.The Contractor may make deductions that reduce a worker's wages below the E.O.minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions. (7)The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or,with respect to workers whose wages are governed by the Service Contract Labor Standards statute,the cash equivalent thereof. (S)Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O.minimum wage.However,wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart. (9)The Contractor shall pay the E.O.minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s)wage rate. Page:103 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (10)The Contractor shall follow the policies and procedures in 29 CFR 10.24(b)and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than$30 a month in tips. (c) (1)This clause applies to workers as defined in paragraph(a).As provided in that definition— (i)Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker; (ii)Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.214(c)are covered;and (iii)Workers who arc registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and"I'raining Administration,Office of Apprenticeship,or with a State Apprenticeship Agency recognized by the Office of Apprenticeship,are covered. (2)This clause does not apply to— (i)Fair Labor Standards Act(FLSA)-covered individuals performing in connection with contracts covered by the E.O.,i.e.those individuals who perform duties necessary to the performance of the contract,but who are not directly engaged in performing the specific work called for by the contract,and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts; (ii)Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C.213(a)and 214(a)and(b),unless otherwise covered by the Service Contract Labor Standards statute,or the Wage Rate Requirements(Construction)statute.These individuals include but are not limited to— (A)Learners,apprentices,or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C.214(a). (B)Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C.214(b). (C)Those employed in a bona fide executive,administrative,or professional capacity(29 U.S.C.213(a)(1)and 29 CPR part 541). (d)Notice.The Contractor shall notify all workers performing work on,or in connection with,this contract of the applicable E.O.minimum wage rate under this clause.With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements(Construction)statute, the Contractor may meet this requirement by posting,in a prominent and accessible place at the worksite,the applicable wage determination under those statutes.With respect to workers whose wages are governed by the FLSA,the Contractor shall post notice,utilizing the poster provided by the Administrator,which can be obtained at www.dol.gov/whd/govcontracts,in a prominent and accessible place at the worksite.Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor,whether external or internal,and customarily used for notices to workers about terms and conditions of employment. (e)Payroll Records. (1)The Contractor shall make and maintain records,for three years after completion of the work, containing the following information for each worker: (i)Name,address,and social security number; (ii)The worker's occupation(s)or classification(s); (iii)The rate or rates of wages paid; Page:104 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (iv)The number of daily and weekly hours worked by each worker; (v)Any deductions made;and �j (vi)"rotal wages paid. (2)"rhe Contractor shall make records pursuant to paragraph(e)(1)of this clause available for inspection and transcription by authorized representatives of the Administrator.The Contractor shall also make such records available upon request of the Contracting Officer. (3)"rhe Contractor shall make a copy of the contract available,as applicable,for inspection or transcription by authorized representatives of the Administrator. (4)Failure to comply with this paragraph(e)shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected. (5)Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations,if any,under the Service Contract Labor Standards statute,the Wage Rate Requirements(Construction)statute,the Fair Labor Standards Act,or any other applicable law. (f)Access.The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours. (g) Withholding.The Contracting Officer,upon his or her own action or upon written request of the Administrator,will withhold funds or cause funds to be withheld,from the Contractor under this or any other Federal contract with the same Contractor,sufficient to pay workers the full amount of wages required by this clause. (h)Disputes.Department of Labor has set forth in 29 CFR 10.51,Disputes concerning contractor compliance,the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10.Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract.These disputes include disputes between the Contractor(or any of its subcontractors)and the contracting agency,the Department of Labor,or the workers or their representatives. (i)Antiretaliation.The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O.or this clause,or has testified or is about to testify in any such proceeding. 0)Subcontractor compliance.The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers. (k)Subcontracts.The Contractor shall include the substance of this clause,including this paragraph(k) in all subcontracts,regardless of dollar value,that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements(Construction)statute,and are to be performed in whole or in part in the United States. Begin Regulation 52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS(JUL 2014)(DEVIATION I—JUL 2014) This clause implements Executive Order 13658,Establishing a Minimum Wage for Contractors,dated February 12,2014,and OMB Policy Memorandum M-14-09,Implementation of the President's Executive Order Establishing a Minimum Wage for Contractors,dated June 12,2014. Page:105 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (a)Each service employee, laborer,or mechanic employed in the United States(the 50 states and the District of Columbia)in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee,laborer,or mechanic,shall be paid not less than the applicable minimum wage under Executive Order 13658.The minimum wage required to be paid to each service employee,laborer,or mechanic performing work on this contract between January 1,2015,and December 31,2015,shall be $10.10 per hour. (b)The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor's annual determination of the applicable minimum wage under section 2(a)(ii)of Executive Order 13658 results in a higher minimum wage.Adjustments to the Executive Order minimum wage under section 2(a)(ii)of Executive Order 13658 will be effective for all service employees,laborers,or mechanics subject to the Executive Order beginning January l of the following year.The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect.The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website).The applicable published minimum wage is incorporated by reference into this contract. (c)The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1,2016.The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment. (d)The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph(c)of this clause,and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute(formerly known as the Service Contract Act)or the Wage Rate Requirements(Construction)statute(formerly known as the Davis Bacon Act). (c)The Contractor shall include the substance of this clause, including this paragraph(c)in all subcontracts. Begin Regulation 52.223-10 WASTE REDUCTION PROGRAM(MAY 2011) (a)Definitions.As used in this clause— Recycling means the series of activities,including collection,separation,and processing,by which products or other materials are recovered from the solid waste stream for use in the form of raw materials in the manufacture of products other than fuel for producing heat or power by combustion. Waste prevention means any change in the design,manufacturing,purchase,or use of materials or products(including packaging)to reduce their amount or toxicity before they are discarded. Waste prevention also refers to the reuse of products or materials. Waste reduction means preventing or decreasing the amount of waste being generated through waste prevention,recycling,or purchasing recycled and environmentally preferable products. (b)Consistent with the requirements of section 3(e)of Executive Order 13423,the Contractor shall establish a program to promote cost-effective waste reduction in all operations and facilities covered by this contract.The Contractor's programs shall comply with applicable Federal,State,and local requirements,specifically including Section 6002 of the Resource Conservation and Recovery Act (42 U.S.C.6962,et seq.)and implementing regulations(40 CFR part 247). Page:106 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS Begin Regulation 52.223-13 ACQUISITION OF EPEATO—REGISTERED IMAGING EQUIPMENT(JUN 2014) (a)Definitions.As used in this clause— Imaging equipment means the following products: (1)Copier—A commercially available imaging product with a sole function of the production of hard copy duplicates from graphic hard-copy originals.The unit is capable of being powered from a wall outlet or from a data or network connection.'Phis definition is intended to cover products that arc marketed as copiers or upgradeable digital copiers(UDCs). (2)Digital duplicator—A commercially available imaging product that is sold in the market as a fully automated duplicator system through the method of stencil duplicating with digital reproduction functionality.The unit is capable of being powered from a wall outlet or from a data or network connection.This definition is intended to cover products that are marketed as digital duplicators. (3)Facsimile machine(fax machine)—A commercially available imaging product whose primary functions are scanning hard-copy originals for electronic transmission to remote units and receiving similar electronic transmissions to produce hard-copy output. Electronic transmission is primarily over a public telephone system but also may be via computer network or the Internet.The product also may be capable of producing hard copy duplicates.The unit is capable of being powered from a wall outlet or from a data or network connection.This definition is intended to cover products that are marketed as fax machines. (4)Mailing machine—A commercially available imaging product that serves to print postage onto mail pieces.The unit is capable of being powered from a wall outlet or from a data or network connection.This definition is intended to cover products that are marketed as mailing machines. (5)Multifunction device(MF D)—A commercially available imaging product,which is a physically integrated device or a combination of functionally integrated components,that performs two or more of the core functions of copying,printing,scanning,or Faxing.The copy functionality as addressed in this definition is considered to be distinct from singlesheet convenience copying offered by fax machines.The unit is capable of being powered from a wall outlet or from a data or network connection.This definition is intended to cover products that are marketed as MFDs or multifunction products. (6)Printer—A commercially available imaging product that serves as a hardcopy output device and is capable of receiving information from single-user or networked computers,or other input devices(e.g.,digital cameras).The unit is capable of being powered from a wall outlet or from a data or network connection.This definition is intended to cover products that arc marketed as printers,including printers that can be upgraded into MFDs in the field. (7)Scanner—A commercially available imaging product that functions as an electro-optical device for converting information into electronic images that can be stored,edited,converted,or transmitted,primarily in a personal computing environment.The unit is capable of being powered from a wall outlet or from a data or network connection.This definition is intended to cover products that are marketed as scanners. (b)Under this contract,the Contractor shall deliver,furnish for Government use,or furnish for Contractor use at a Federally controlled facility,onik imaging equipment that,at the time of submission of proposals and at the time of award,was EPEAT bronze-registered or higher. Page: 107 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (c)For information about EPEAT0,see www.epa.gov/epeat. Begin Regulation 52.223-14 ACQUISITION OF EPEATS—REGISTERED TELEVISIONS (JUN 2014) (a)Definitions.As used in this clause— Television or TV means a commercially available electronic product designed primarily for the reception and display of audiovisual signals received from terrestrial,cable,satellite,Internet Protocol TV(IPTV),or other digital or analog sources.A TV consists of a tuner/receiver and a display encased in a single enclosure.The product usually relies upon a cathode-ray tube(CRT),liquid crystal display (LCD),plasma display,or other display technology.Televisions with computer capability(e.g., computer input port)may be considered to be a TV as long as they are marketed and sold to consumers primarily as televisions. (b)Under this contract,the Contractor shall deliver, furnish for Government use,or furnish for Contractor use at a Federally controlled facility,only televisions that,at the time of submission of proposals and at the time of award,were EPEAT®bronze-registered or higher. (c)For information about EPEAT0,see www.cpa.gov/cpeat. Begin Regulation 52.223-15 Energy Efficiency in Energy-Consuming Products(DEC 2007) (a)Definition.As used in this clause-- Energy-efficient product-- (1)Means a product that-- (i)Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label;or (ii)Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program. (2)The term"product"does not include any energy-consuming product or system designed or procured for combat or combat-related missions(42 U.S.C. 8259b). (b)The Contractor shall ensure that energy-consuming products are energy efficient products(i.e., ENERGY STAR products or FEMP-designated products)at the time of contract award,for products that are-- (1)Delivered; (2)Acquired by the Contractor for use in performing services at a Federally-controlled facility; (3)Furnished by the Contractor for use by the Government;or (4)Specified in the design of a building or work,or incorporated during its construction, renovation,or maintenance. Page: 108 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (c)The requirements of paragraph(b)apply to the Contractor(including any subcontractor)unless-- (1)The energy-consuming product is not listed in the ENERGY STAR®Program or FF,MP;or (2)Otherwise approved in writing by the Contracting Officer. (d)Information about these products is available for-- (1)ENERGY STAR®at http://www.energystar.gov/products;and (2)FEMP at http://wwwl.cerc.energy.gov/femplprocurement/ccp_rcquiremcnts.html Begin Regulation 52.223-16 ACQUISITION OF EPEATO—REGISTERED PERSONAL COMPUTER PRODUCTS(OCT 2015) (a)Definitions.As used in this clause— Computer means a device that performs logical operations and processes data.Computers arc composed of,at a minimum: (1)A central processing unit(CPU)to perform operations; (2)User input devices such as a keyboard,mouse,digitizer,or game controller;and (3)A computer display screen to output information.Computers include both stationary and portable units,including desktop computers,integrated desktop computers,notebook computers, thin clients,and workstations.Although computers must be capable of using input devices and computer displays,as noted in(2)and(3)above,computer systems do not need to include these devices on shipment to meet this definition.This definition does not include server computers, gaming consoles,mobile telephones,portable hand-held calculators,portable digital assistants (PDAs),MP3 players,or any other mobile computing device with displays less than 4 inches, measured diagonally. Computer display means a display screen and its associated electronics encased in a single housing or within the computer housing(e.g.,notebook or integrated desktop computer)that is capable of displaying output information from a computer via one or more inputs such as a VGA,DVI, USB, DisplayPort,and/or IEEE 1394-2008TM,Standard for High Performance Serial Bus. Examples of computer display technologies are the cathode-ray tube(CRT)and liquid crystal display(LCD). Desktop computer means a computer where the main unit is intended to be located in a permanent location,often on a desk or on the Floor.Desktops are not designed for portability and utilize an external computer display,keyboard,and mouse.Desktops are designed for a broad range of home and office applications. Integrated desktop computer means a desktop system in which the computer and computer display function as a single unit that receives its AC power through a single cable. Integrated desktop computers come in one of two possible forms: (1)A system where the computer display and computer are physically combined into a single unit;or (2)A system packaged as a single system where the computer display is separate but is connected to the main chassis by a DC power cord and both the computer and computer display are powered from a single power supply.As a subset of desktop computers,integrated desktop computers are Page:109 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS typically designed to provide similar functionality as desktop systems. Notebook computer means a computer designed specifically for portability and to be operated for extended periods of time either with or without a direct connection to an AC power source.Notebooks must utilize an integrated computer display and be capable of operation off of an integrated battery or other portable power source. In addition,most notebooks use an external power supply and have an integrated keyboard and pointing device.Notebook computers are typically designed to provide similar functionality to desktops,including operation of software similar in functionality to that used in desktops. Docking stations are considered accessories for notebook computers,not notebook computers.Tablet PCs,which may use touch-sensitive screens along with,or instead of,other input devices,are considered notebook computers. Personal computer product means a computer,computer display,desktop computer,integrated desktop computer,or notebook computer. (b)Under this contract,the Contractor shall deliver,furnish for Government use,or furnish for Contractor use at a Federally controlled facility,only personal computer products that,at the time of submission of proposals and at the time of award,were EPEAT®bronze-registered or higher. (c)For infonmation about EPEAT®,see www.epa.gov/cpeat. Begin Regulation 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008) (a)In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired# (1)Competitively within a timeframe providing for compliance with the contract performance schedule; (2)Meeting contract performance requirements;or (3)At a reasonable price. (b)Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site,http://www.epa.gov/cpg/.The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm. Begin Regulation 52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS(MAY 2011) The Contractor's work under this contract shall conform with all operational controls identified in the applicable agency or facility Environmental Management Systems and provide monitoring and measurement information necessary for the Government to address environmental performance relative to the goals of the Environmental Management Systems. Begin Regulation 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION Page:110 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS CONTRACTS(SEP 2013) (a)In the performance of this contract,the contractor shall make maximum use of biobased products that are United States Department of Agriculture(USDA)-designated items unless— (1)The product cannot be acquired— (i)Competitively within a time frame providing for compliance with the contract performance schedule; (ii)Meeting contract performance requirements;or (iii)At a reasonable price. (2)The product is to be used in an application covered by a USDA categorical exemption(see 7 CFR 3201.3(e)).For example,all USDA-designated items are exempt from the preferred procurement requirement for the following: (i)Spacecraft system and launch support equipment. (ii)Military equipment,i.e.,a product or system designed or procured for combat or combat-related missions. (b)Information about this requirement and these products is available at http://www.biopreferred.gov. (c)In the performance of this contract,the Contractor shall— (1)Report to the environmental point of contact identified in paragraph(d)of this clause,with a copy to the Contracting Officer,on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; (2)Submit this report no later than— (i)October 31 of each year during contract performance;and (ii)At the end of contract performance. Begin Regulation 52.227-14 RIGHTS IN DATA--GENERAL(MAY 2014) (a)Definitions.As used in this clause— "Computer database"or"database"means a collection of recorded information in a form capable of, and for the purpose of,being stored in,processed,and operated on by a computer.The term does not include computer software. "Computer software"— (1)Means (i)Computer programs that comprise a series of instructions,rules,routines,or statements,regardless of the media in which recorded,that allow or cause a computer to perform a specific operation or series of operations;and Page:111 of 224 FCIS-JB•980001•B Refresh: 41 Part II.CONTRACT TERMS AND CONDITIONS (ii)Recorded information comprising source code listings,design details,algorithms, processes,flow charts,formulas,and related material that would enable the computer program to be produced,created,or compiled. (2)Does not include computer databases or computer software documentation. "Computer software documentation"means owner's manuals,user's manuals,installation instructions, operating instructions,and other similar items,regardless of storage medium,that explain the capabilities of the computer software or provide instructions for using the software. "Data"means recorded information,regardless of form or the media on which it may be recorded.The term includes technical data and computer software.The term does not include information incidental to contract administration,such as financial,administrative,cost or pricing,or management information. "Form,fit,and function data"means data relating to items,components,or processes that are sufficient to enable physical and functional interchangeability,and data identifying source,size,configuration, mating and attachment characteristics,functional characteristics,and performance requirements.For computer software it means data identifying source,functional characteristics,and performance requirements but specifically excludes the source code,algorithms,processes,formulas,and flow charts of the software. "Limited rights"means the rights of the Government in limited rights data as set forth in the limited Rights Notice of paragraph(g)(3)if included in this clause. "Limited rights data"means data,other than computer software,that embody trade secrets or are commercial or financial and confidential or privileged,to the extent that such data pertain to items, components,or processes developed at private expense,including minor modifications. "Restricted computer software"means computer software developed at private expense and that is a trade secret,is commercial or financial and confidential or privileged,or is copyrighted computer software,including minor modifications of the computer software. "Restricted rights"as used in this clause,means the rights of the Government in restricted computer software,as set forth in a Restricted Rights Notice of paragraph(g)if included in this clause,or as otherwise may be provided in a collateral agreement incorporated in and made part of this contract, including minor modifications of such computer software. "Technical data"means recorded information(regardless of the form or method of the recording)of a scientific or technical nature(including computer databases and computer software documentation). This term does not include computer software or financial,administrative,cost or pricing,or management data or other information incidental to contract administration.The term includes recorded information of a scientific or technical nature that is included in computer databases(See 41 U.S.C. 116). "Unlimited rights"means the rights of the Government to use,disclose,reproduce,prepare derivative works,distribute copies to the public,and perform publicly and display publicly,in any manner and for any purpose,and to have or permit others to do so. (b)Allocation of rights. (1)Except as provided in paragraph(c)of this clause,the Government shall have unlimited rights in-- (i)Data first produced in the performance of this contract; (ii)Form,fit,and function data delivered under this contract; Page:112 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (iii)Data delivered under this contract(except for restricted computer software)that constitute manuals or instructional and training material for installation,operation,or routine maintenance and repair of items,components,or processes delivered or furnished for use under this contract;and (iv)All other data delivered under this contract unless provided otherwise for limited rights data or restricted computer software in accordance with paragraph(g)of this clause. (2)The Contractor shall have the right to-- (i)Assert copyright in data first produced in the performance of this contract to the extent provided in paragraph(c)(1)of this clause; (ii)Use,release to others,reproduce,distribute,or publish any data first produced or specifically used by the Contractor in the performance of this contract, unless provided otherwise in paragraph(d)of this clause; (iii)Substantiate the use of,add,or correct limited rights,restricted rights,or copyright notices and to take other appropriate action,in accordance with paragraphs(c)and(0 of this clause;and (iv)Protect from unauthorized disclosure and use those data that are limited rights data or restricted computer software to the extent provided in paragraph(g)of this clause. (c)Copyright-- (1)Data first produced in the performance of this contract. .% (i)Unless provided otherwise in paragraph(d)of this clause,the Contractor may,without prior approval of the Contracting Officer,assert copyright in scientific and technical articles based on or containing data first produced in the performance of this contract and published in academic,technical or professional journals,symposia proceedings,or similar works.The prior,express written permission of the Contracting Officer is required to assert copyright in all other data first produced in the performance of this contract. (ii)When authorized to assert copyright to the data,the Contractor shall affix the applicable copyright notices of 17 U.S.C.401 or 402,and an acknowledgment of Government sponsorship(including contract number). (iii)For data other than computer software,the Contractor grants to the Government,and others acting on its behalf,a paid-up,nonexclusive,irrevocable,worldwide license in such copyrighted data to reproduce,prepare derivative works,distribute copies to the public,and perform publicly and display publicly by or on behalf of the Government. For computer software,the Contractor grants to the Government,and others acting on its behalf,a paid-up,nonexclusive,irrevocable,worldwide license in such copyrighted computer software to reproduce,prepare derivative works,and perform publicly and display publicly(but not to distribute copies to the public)by or on behalf of the Government. (2)Data not first produced in the performance of this contract.The Contractor shall not,without the prior written permission of the Contracting Officer,incorporate in data delivered under this contract any data not first produced in the performance of this contract unless the Contractor-- (i)Identifies the data;and l� (ii)Grants to the Government,or acquires on its behalf,a license of the same scope as set Page:113 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS forth in paragraph(c)(1)of this clause or,if such data are restricted computer software, the Government shall acquire a copyright license as set forth in paragraph(g)(4)of this clause(if included in this contract)or as otherwise provided in a collateral agreement incorporated in or made part of this contract. (3)Removal of copyright notices.The Government will not remove any authorized copyright notices placed on data pursuant to this paragraph(c),and will include such notices on all reproductions of the data. (d)Release,publication,and use of data.The Contractor shall have the right to use,release to others, reproduce,distribute,or publish any data first produced or specifically used by the Contractor in the performance of this contract,except-- (1)As prohibited by Federal law or regulation(e.g.,export control or national security laws or regulations); (2)As expressly set forth in this contract;or (3)If the Contractor receives or is given access to data necessary for the performance of this contract that contain restrictive markings,the Contractor shall treat the data in accordance with such markings unless specifically authorized otherwise in writing by the Contracting Officer. (c)Unauthorized marking of data. (1)Notwithstanding any other provisions of this contract concerning inspection or acceptance,if any data delivered under this contract are marked with the notices specified in paragraph(g)(3) or(g)(4)if included in this clause,and use of the notices is not authorized by this clause,or if the data bears any other restrictive or limiting markings not authorized by this contract,the Contracting Officer may at any time either return the data to the Contractor,or cancel or ignore the markings.However,pursuant to 41 U.S.C.4703,the following procedures shall apply prior to canceling or ignoring the markings. (i)The Contracting Officer will make written inquiry to the Contractor affording the Contractor 60 days from receipt of the inquiry to provide written justification to substantiate the propriety of the markings; (ii)If the Contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60-day period(or a longer time approved in writing by the Contracting Officer for good cause shown),the Government shall have the right to cancel or ignore the markings at any time after said period and the data will no longer be made subject to any disclosure prohibitions. (iii)If the Contractor provides written justification to substantiate the propriety of the markings within the period set in paragraph(e)(1)(i)of this clause,the Contracting Officer will consider such written justification and determine whether or not the markings are to be cancelled or ignored. If the Contracting Officer determines that the markings are authorized,the Contractor will be so notified in writing. If the Contracting Officer determines,with concurrence of the head of the contracting activity,that the markings are not authorized,the Contracting Officer will furnish the Contractor a written determination,which determination will become the final agency decision regarding the appropriateness of the markings unless the Contractor tiles suit in a court of competent jurisdiction within 90 days of receipt of the Contracting Officer's decision.The Government will continue to abide by the markings under this paragraph(e)(1)(iii)until final resolution of the matter either by the Contracting Officer's determination becoming final(in which instance the Government will thereafter have the right to cancel or ignore the markings at any time and the data will no longer be made subject to any disclosure prohibitions),or by final disposition of the matter by court decision if suit is filed. Page: 114 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (2)The time limits in the procedures set forth in paragraph(e)(1)of this clause may be modified in accordance with agency regulations implementing the Freedom of Information Act(5 U.S.C. 552)if necessary to respond to a request thereunder. (3)Except to the extent the Government's action occurs as the result of final disposition of the matter by a court of competent jurisdiction,the Contractor is not precluded by paragraph(e)of the clause from bringing a claim,in accordance with the Disputes clause of this contract,that may arise as the result of the Government removing or ignoring authorized markings on data delivered under this contract. (f)Omitted or incorrect markings. (1)Data delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights.The Government is not liable for the disclosure,use,or reproduction of such data. (2)If the unmarked data has not been disclosed without restriction outside the Government,the Contractor may request,within 6 months(or a longer time approved by the Contracting Officer in writing for good cause shown)after delivery of the data,permission to have authorized notices placed on the data at the Contractor's expense.The Contracting Officer may agree to do so if the Contractor— (i)Identifies the data to which the omitted notice is to be applied; (ii)Demonstrates that the omission of the notice was inadvertent; (iii)Establishes that the proposed notice is authorized;and (iv)Acknowledges that the Government has no liability for the disclosure,use,or reproduction of any data made prior to the addition of the notice or resulting from the omission of the notice. (3)If data has been marked with an incorrect notice,the Contracting Officer may-- (i)Permit correction of the notice at the Contractor's expense if the Contractor identifies the data and demonstrates that the correct notice is authorized;or (ii)Correct any incorrect notices. (g)Protection of limited rights data and restricted computer software. (1)The Contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs(b)(1)(i),(ii),and(iii)of this clause. As a condition to this withholding,the Contractor shall-- (i)Identify the data being withheld,and (ii)Furnish form, fit,and function data instead. (2)Limited rights data that are formatted as a computer database for delivery to the Government shall be treated as limited rights data and not restricted computer software. (3)[Reserved] (h)Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill the Contractor's obligations to the Government under this contract. If a _ subcontractor refuses to accept terms affording the Government those rights,the Contractor shall Page:115 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award without authorization in writing from the Contracting Officer. (i)Relationship to patents or other rights.Nothing contained in this clause shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Government. Begin Regulation 52.232-34 Payment by Electronic Funds Transfer—Other than SYSTEM FOR AWARD MANAGEMENT(JUL 2013)(DEVIATION— FEB 2007) (a)Method of payment. (1)All payments by the ordering activity under this contract shall be made by electronic funds transfer(EFT)except as provided in paragraph(a)(2)of this clause.As used in this clause,the term"EFT"refers to the funds transfer and may also include the payment information transfer. (2)In the event the ordering activity is unable to release one or more payments by EFT,the Contractor agrees to either— (i)Accept payment by check or some other mutually agreeable method of payment;or (ii)Request the ordering activity to extend payment due dates until such time as the ordering activity makes payment by EFT(but see paragraph(d)of this clause). (b)Mandatory submission of Contractor's EFT information. (1)The Contractor is required to provide the ordering activity with the information required to make payment by EFT(see paragraph 0)of this clause).The Contractor shall provide this information directly to the office designated in this contract to receive that information(hereafter: "designated office")by.. If not otherwise specified in this contract,the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract,the Contractor shall provide a separate notice to each office.In the event that the EFT information changes,the Contractor shall be responsible for providing the updated information to the designated office(s). (2)If the Contractor provides EFT information applicable to multiple contracts,the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office.However,EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract. (c)Mechanisms for EFT payment.The ordering activity may make payment by EFT through either the Automated Clearing House(ACI-1)network,subject to the rules of the National Automated Clearing I louse Association,or the Fedwire Transfer System.The rules governing Federal payments through the ACH are contained in 31 CFR Pan 210. (d)Suspension of payment. (1)The ordering activity is not required to make any payment under this contract until after receipt,by the designated office,of the correct EFT payment information from the Contractor. Until receipt of the correct EFT information,any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract.The prompt payment terms of the contract regarding notice of an improper invoice and delays in 10 accrual of interest penalties apply. Page:116 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (2)If the EFT information changes after submission of correct EF'r information,the ordering activity shall begin using the changed EFT information no later than 30 days after its receipt by the designated office to the extent payment is made by EFT.However,the Contractor may request that no further payments be made until the updated EFT information is implemented by the payment office.If such suspension would result in a late payment under the prompt payment terms of this contract,the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension. (c)Liability for uncompleted or erroneous transfers. (1)If an uncompleted or erroneous transfer occurs because the ordering activity used the Contractor's EFT information incorrectly,the ordering activity remains responsible for— (i)Making a correct payment; (ii)Paying any prompt payment penalty due;and (iii)Recovering any erroneously directed funds. (2)If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect,or was revised within 30 days of ordering activity release of the EFT payment transaction instruction to the Federal Reserve System,and— (i)If the funds arc no longer under the control of the payment office,the ordering activity is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds;or (ii)If the funds remain under the control of the payment office,the ordering activity shall not make payment and the provisions of paragraph(d)shall apply. (f)EFT and prompt payment.A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if,in the EFT payment transaction instruction released to the Federal Reserve System,the date specified for settlement of the payment is on or before the prompt payment due date,provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g)EFT and assignment of claims.If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract,the Contractor shall require as a condition of any such assignment,that the assignee shall provide the EFT information required by paragraph 0)of this clause to the designated office,and shall be paid by EF'r in accordance with the terms of this clause.In all respects,the requirements of this clause shall apply to the assignee as if it were the Contractor.EFT information that shows the ultimate recipient of the transfer to be other than the Contractor,in the absence of a proper assignment of claims acceptable to the ordering activity,is incorrect EFT information within the meaning of paragraph(d)of this clause. (h)Liability for change of FTT information by financial agent.The ordering activity is not liable for errors resulting from changes to EFT information provided by the Contractor's financial agent. (i)Payment information.The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System.The ordering activity may request the Contractor to designate a desired format and method(s)for delivery of payment information from a list of formats and methods the payment office is capable of executing.However,the ordering activity does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the ordering activity.If the ordering activity makes payment by check in accordance with paragraph(a)of this clause,the ordering activity i shall mail the payment information to the remittance address in the contract. Page:117 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS 0)EFT information.The Contractor shall provide the following information to the designated office. The Contractor may supply this data for this or multiple contracts(see paragraph(b)of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph(c)of this clause. (I)The contract number(or other procurement identification number). (2)The Contractor's name and remittance address,as stated in the contract(s). (3)The signature(manual or electronic,as appropriate),title,and telephone number of the Contractor official authorized to provide this information. (4)The name,address,and 9-digit Routing Transit Number of the Contractor's financial agent. (5)The Contractor's account number and the type of account(checking,saving,or lockbox). (6)If applicable,the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent. (7)If applicable,the Contractor shall also provide the name,address,telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor's financial agent is not directly on-line to the Fcdwirc Transfer System;and,therefore,not the receiver of the wire transfer payment. Begin Regulation 52.232-36 PAYMENT BY THIRD PARTY(MAY 2014)(DEVIATION —MAY 2003) (a)General. (1)Except as provided in paragraph(a)(2)of this clause,the Contractor agrees to accept payments due under this contract,through payment by a third party in lieu of payment directly from the ordering activity,in accordance with the terms of this clause.The third party and,if applicable,the particular credit card to be used are identified elsewhere in this contract. (2)The credit card is not authorized as a method of payment during any period of the System for Award Management(SAM)indicates that the Contractor has delinquent debt that is subject to collection under the Treasury Offset Program(TOP). Information on TOP is available at http://f`ms.treas.gov/debtlindex.himl. If the SAM subsequently indicates that the Contractor no longer has delinquent debt,the Contractor may request the Contracting Officer to authorize payment by credit card. (b)Contractor payment request. (1)Except as provided in paragraph(b)(2)of this clause,the Contractor shall make payment requests through a charge to the ordering activity account with the third party,at the time and for the amount due in accordance with those clauses of this contract that authorize the Contractor to submit invoices,contract financing requests,other payment requests,or as provided in other clauses providing for payment to the Contractor. (2)When the Contracting Officer has notified the Contractor that the credit card is no longer an authorized method of payment,the Contractor shall make such payment requests in accordance with instructions provided by the Contracting Officer during the period when the purchase card is not authorized. Page:118 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (c)Payment.The Contractor and the third party shall agree that payments due under this contract shall be made upon submittal of payment requests to the third party in accordance with the terms and conditions of an agreement between the Contractor,the Contractor's financial agent(if any),and the third party and its agents(if any).No payment shall be due the Contractor until such agreement is made.Payments made or due by the third party under this clause are not payments made by the ordering activity and are not subject to the Prompt Payment Act or any implementation thereof in this contract. (d)Documentation.Documentation of each charge against the ordering activity's account shall be provided to the Contracting Officer upon request. (e)Assignment of claims.Notwithstanding any other provision of this contract,if any payment is made under this clause,then no payment under this contract shall be assigned under the provisions of the assignment of claims terms of this contract or the Assignment of Claims Act of 1940(31 U.S.C.3727, 41 U.S.C.6305). (f)Other payment terms.The other payment terms of this contract shall govern the content and submission of payment requests.If any clause requires information or documents in or with the payment request,that is not provided in the third party agreement referenced in paragraph(c)of this clause,the Contractor shall obtain instructions from the Contracting Officer before submitting such a payment request. Begin Regulation 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS(DEC 2013) (a)Upon receipt of accelerated payments from the Government,the Contractor shall make accelerated �._ payments to its small business subcontractors under this contract,to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract,after receipt of a proper invoice and all other required documentation from the small business subcontractor. (b)The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c)Include the substance of this clause,including this paragraph(c),in all subcontracts with small business concerns,including subcontracts with small business concerns for the acquisition of commercial items. Begin Regulation 52.237-3 CONTINUITY OF SERVICES(JAN 1991)(DEVIATION— MAY 2003) (a)The Contractor recognizes that the services under this contract are vital to the ordering activity and must be continued without interruption and that,upon contract expiration,a successor,either the ordering activity or another contractor,may continue them.The Contractor agrees to- (])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 l. services for up to 90 days after this contract expires and(2)negotiate in good faith a plan with a Page: 119 of 224 17CIS-J13-980001-13 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS successor to determine the nature and extent of phase-in,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.]'he Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site 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. Begin Regulation 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): For contract clauses which are contained in the Federal Acquisition Regulation(FAR)the address is http://acquisition.gov/far/. Number Title Clause/Provision 52.202-1 DEFINITIONS (NOV 2013) Clause 52.203-17 CONTRACTOR EMPLOYEE Clause WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS(APR 2014) 52.203-3 GRATUITIES(APR 1984) Clause 52.204-19 INCORPORATION BY REFERENCE Clause OF REPRESENTATIONS AND CERTIFICATIONS(DEC 2014) 52.204-4 PRINTED OR COPIED DOUBLE-SIDED Clause ON POSTCONSUMER FIBER CONTENT PAPER(MAY 2011) 52.204-7 SYSTEM FOR AWARD MANAGEMENT Clause (JUL 2013) 52.209-10 PROHIBITION ON CONTRACTING Clause WITH INVERTED DOMESTIC CORPORATIONS(NOV 2015) 52.211-16 VARIATION IN QUANTITY(APR 1984) Clause 52.216-19 ORDER LIMITATIONS(OCT 1995) Clause (DEVIATED II-FEB 2007) 52.216-22 INDEFINITE QUANTITY(OCT 1995) Clause Page:120 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS 52.222-1 NOTICE TO THE GOVERNMENT OF Clause LABOR DISPUTES(FEB 1997) 52.223-5 POLLUTION PREVENTION AND Clause RIGHT-TO-KNOW INFORMATION(MAY 2011) 52.224-1 PRIVACY ACT NOTIFICATION(APR Clause 1984) 52.224-2 PRIVACY ACT(APR 1984) Clause 52.228-5 INSURANCE--WORK ON A Clause GOVERNMENT INSTALLATION(JAN 1997) 52.229-1 STATE AND LOCAL TAXES(APR Clause 1984) (DEVIATION I-MAY 2003) 52.229-3 FEDERAL,STATE,AND LOCAL Clause TAXES(FEB 2013) (DEVIATION I-FEB 2007) 52.232-37 MULTIPLE PAYMENT Clause ARRANGEMENTS(MAY 1999) 52.233-1 DISPUTES(MAY 2014) Clause 52.237-2 PROTECTION OF GOVERNMENT Clause BUILDINGS,EQUIPMENT,AND VEGETATION(APR 1984) 52.242-13 BANKRUPTCY(JUL 1995) Clause 52.242-15 STOP-WORK ORDER(AUG 1989) Clause �. 52.246-4 INSPECTION OF Clause SERVICES--FIXED-PRICE(AUG 1996) (DEVIATION I-MAY 2003) 52.247-34 F.O.B. DESTINATION(NOV 1991) Clause (DEVIATION I-MAY 2003) 52.247-38 F.O.B. INLAND CARRIER,POINT OF Clause EXPORTATION(FEB 2006) (DEVIATION I-FEB 2007) 52.247-39 F.O.B.INLAND POINT,COUNTRY OF Clause IMPORTATION(APR 1984) 52.251-1 GOVERNMENT SUPPLY SOURCES Clause (APR 2012) 552.211-73 MARKING(FEB 1996) Clause 552.211-75 PRESERVATION,PACKAGING,AND Clause PACKING(FEB 1996)(ALTERNATE I- MAY 2003) 552.211-77 PACKING LIST(FEB 1996) Clause (ALTERNATE I-MAY 2003) 552.229-71 FEDERAL EXCISE TAX--DC Clause GOVERNMENT(SEP 1999) 552.232-74 INVOICE PAYMENTS(SEP 1999) Clause 552.232-79 PAYMENT BY CREDIT CARD(MAY Clause 2003) 552.232-81 PAYMENTS BY NON-FEDERAL Clause Page:121 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS ORDERING ACTIVITIES(MAY 2003) 552.238-73 CANCELLATION(SEP 1999) Clause 552.238-77 DEFINITION(FEDERAL SUPPLY Clause SCHEDULES)(JUL 2016) 552.252-6 AUTHORIZED DEVIATIONS IN Clause CLAUSES(SEP 1999)(DEVIATION FAR 52.252-6) C-FSS-412 CHARACTERISTICS OF ELECTRIC Clause CURRENT(MAY 2000) D-FSS-471 MARKING AND DOCUMENTATION Clause REQUIREMENTS PER SHIPMENT (APR 1984) D-FSS-477 TRANSSHIPMENTS(APR 1984) Clause I-FSS-314 FOREIGN TAXES AND DUTIES(DEC Clause 1990) I-FSS-594 PARTS AND SERVICE(OCT 1988) Clause Begin Regulation 552.211-15 Defense Priorities and Allocations System Requirements (SEP 2004) (a)Definitions. Approved program means a program determined to be necessary or appropriate for priorities and allocation support to promote the national defense by the Secretary of Defense,the Secretary of Energy, or the Department of Homeland Security Under Secretary for Emergency Preparedness and Response under the authority of the Defense Production Act,the Stafford Act,and Executive Order 12919,or the Selective Service Act and related statutes,and Executive Order 12742. See Schedule 1 of 15 CFR part 700 for a list of Delegate Agencies,approved programs,and program identification symbols at http://www.bis.doe.gov/Defense industrialBasePrograms/OS 1 ESIDPAS/Default.htm. Defense Priorities and Allocations System(DPAS)means the regulation published at 15 CFR part 700 that requires preferential treatment for certain contracts and orders placed by a Delegate Agency in support of an approved program. Delegate Agency means an agency of the U.S.Government authorized by delegation from the Department of Commerce(DOC)to place priority ratings on contracts or orders needed to support approved programs. Rated order means,for the purpose of this contract,a delivery or task order issued in accordance with the provisions of the DPAS regulation(15 CFR part 700). (b)Rated Order Requirement. From time to time,the Contractor may receive a rated order under this contract from a Delegate Agency.The Contractor must give preferential treatment to rated orders as required by the Defense Priorities and Allocations System(DPAS)regulation(15 CFR part 700).The existence of previously accepted unrated or lower rated orders is not sufficient reason to reject a rated order.Rated orders take preference over all unrated orders as necessary to meet required delivery dates.There are two levels of ratings designated by the symbol of either"DO"or"DX."All"DO"rated orders have equal priority with each other and take preference over unrated orders.All"DX"rated orders have equal priority with Page: 122 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS each other and take preference over"DO"rated orders and unrated orders.The rating designation is followed by a program identification symbol.Program identification symbols indicate which approved program is supported by the rated order(see Schedule 1 of 15 CFR part 700 for a list of Delegate Agencies,approved programs,and program identification symbols). (c)Additional information. Additional information may be obtained at the DOC DPAS website http://www.bis.doc.gov/Defenselndustr*alBaseProp-rams/OSIES/DPAS/Default.htm or by contacting the designated Administrative Contracting Officer. Begin Regulation 552.211-78 COMMERCIAL DELIVERY SCHEDULE(MULTIPLE AWARD SCHEDULE)(FEB 1996) (a)Time of Delivery. The Contractor shall deliver to destination within the number of calendar days after receipt of order(ARO)in the case of F.O.B.Destination prices;or to place of shipment in transit in the case of F.O.B.Origin prices,as set forth below. Offerors shall insert in the"Time of Delivery (days ARO)"column in the schedule of Items a definite number of calendar days within which delivery will be made. In no case shall the offered delivery time exceed the Contractor's normal commercial practice. The Government requires the Contractor's normal commercial delivery time,as long as it is less than the"stated"delivery time(s)shown below. If the Offeror does not insert a delivery time in the schedule of items,the Offeror will be deemed to offer delivery in accordance with the Government's stated delivery time,as stated below: ITEMS OR GROUP OF ITEMS GOVERNMENT STATED CONTRACTOR'S NORMAL (Special item No.or nomenclature) DELIVERY TIME(Days ARO) COMMERCIAL DELIVERY TIME (b)Expedited Delivery Times. For those items that can be delivered quicker than the delivery times in paragraph(a),above,the Offeror is requested to insert below,a time(hours/days ARO)that delivery can be made when expedited delivery is requested. ITEM OR GROUP OF ITEMS Expedited Delivery Time (Special Item No.of nomenclature) (Hours/Days ARO) i Page: 123 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS �1 (c)Overnight and 2-Day Delivery Times. Ordering activities may require overnight or 2—day delivery. The Offeror is requested to annotate its price list or by separate attachment identify the items that can be delivered overnight or within 2 days. Contractors offering such delivery services will be required to state in the cover sheet to its FSS price list details concerning this service. Begin Regulation 552.2124 CONTRACT TERMS AND CONDITIONS— COMMERCIAL ITEMS(MAY 2015)(ALTERNATE I1—JUL 2009) (FAR DEVIATION—JUL 2015)(TAILORED) (a)Inspection/Acceptance.The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.The Ordering activity reserves the right to inspect or test any supplies or services that have been tendered for acceptance.The Ordering activity may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible,the Ordering activity may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services.The Ordering activity must exercise its postacceptance rights (1)within a reasonable time after the defect was discovered or should have been discovered;and (2)before any substantial change occurs in the condition of the item,unless the change is due to the defect in the item. (b)Assignment.The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank,trust company,or other financing institution,including any Federal lending agency in accordance with the Assignment of Claims Act(31 U.S.C.3727).I lowevcr, when a third party makes payment(e.g.,use of the Govertmentwide commercial purchase card),the Contractor may not assign its rights to receive payment under this contract. (c)Changes.Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d)Disputes.This contract is subject 41 U.S.C.chapter 71,Contract Disputes.Failure of the parties to this contract to reach agreement on any request for equitable adjustment,claim,appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 25 .233-1,Disputes,which is incorporated herein by reference.The Contractor shall proceed diligently with performance of this contract,pending final resolution of any dispute arising under the contract. (e)Definitions.The clause at FAR 52.202-1-1.Definitions,is incorporated herein by reference. (I)Excusable delays.The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy,acts of the Ordering activity in either its sovereign or contractual capacity,fires,floods,epidemics,quarantine restrictions,strikes,unusually severe weather,and delays of common carriers.'Be Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay,setting forth the full particulars in connection therewith,shall remedy such occurrence with all reasonable dispatch,and shall promptly , give written notice to the Contracting Officer of the cessation of such occurrence. Page:124 of 224 FCIS-JB-980001-B Refresh: 41 Part 11-CONTRACT TERMS AND CONDITIONS (g)Invoice. N \� (1)The Contractor shall submit an original invoice and three copies(or electronic invoice,if authorized)to the address designated in the contract to receive invoices.An invoice must include— (i)Name and address of the Contractor; (ii)Invoice date and number; (iii)Contract number,contract line item number and,if applicable,the order number; (iv)Description,quantity,unit of measure,unit price and extended price of the items delivered; (v)Shipping number and date of shipment,including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi)Terms of any discount for prompt payment offered; (vii)Name and address of official to whom payment is to be sent; (viii)Name,title,and phone number of person to notify in event of defective invoice;and (ix)Taxpayer Identification Number(TIN).The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x)Electronic funds transfer(EFT)banking information. (A)The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B)If EFT banking information is not required to be on the invoice,in order for the invoice to be a proper invoice,the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision,contract clause(e.g.,52.232-33,Payment by Electronic Funds Transfer—System for Award Management,or 52.232-34,Payment by Electronic Funds Transfer—Other Than System for Award Management),or applicable agency procedures. (C)EFT banking information is not required if the Government waived the requirement to pay by EFT. (2)The due date for making invoice payments by the designated payment off ice is the later of the following two events: (i)The 1 Oth day after the designated billing office receives a proper invoice from the Contractor.If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt,the invoice payment due date shall be the 1 Oth day after the date of the Contractor's invoice;provided the Contractor submitted a proper invoice and no disagreement exists over quantity,quality,or Contractor compliance with contract requirements. (ii)The I Oth day after Government acceptance of supplies delivered or services performed by the Contractor. (h)Patent indemnity.The Contractor shall indemnify the Ordering activity and its officers,employees and agents against liability,including costs,for actual or alleged direct or contributory infringement of, or inducement to infringe,any United States or foreign patent,trademark or copyright,arising out of the performance of this contract,provided the Contractor is reasonably notified of such claims and proceedings. (i)Payment. Page:125 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (1)Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. �. 1 (2)Prompt payment.The Government will make payment in accordance with the Prompt Payment Act(31 U.S.C.3903)and prompt payment regulations at 5 CFR part 1315. (3)Electronic Funds Transfer(EFT). If the Government makes payment by EFT,see 52.212-5(b) for the appropriate EFT clause. (4)Discount. In connection with any discount offered for early payment,time shall be computed from the date of the invoice.For the purpose of computing the discount earned,payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5)Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment,the Contractor shall-- (i)Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A)Circumstances of the overpayment(e.g.,duplicate payment,erroneous payment,liquidation errors,date(s)of overpayment); (B)Affected contract number and delivery order number,if applicable; (C)Affected contract line item or subline item,ifapplicable;and (D)Contractor point of contact. (ii)Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6)Interest. (i)All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due.The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.7109,which is applicable to the period in which the amount becomes due,as provided in(i)(6)(v)of this clause,and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii)The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii)Final decisions.The Contracting Officer will issue a final decision as required by 33.211 if- (A)The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B)The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement;or (C)The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer(see 32.607-2). (iv)If a demand for payment was previously issued for the debt,the demand for payment included in the final decision shall identify the same due date as the original demand for Page:126 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS payment. (v)Amounts shall be due at the earliest of the following dates: (A)The date fixed under this contract- (B)The date of the first written demand for payment,including any demand for payment resulting from a default termination. (vi)The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A)The date on which the designated office receives payment from the Contractor; (B)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt;or (C)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii)The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. 0)Risk ofloss.Unless the contract specifically provides otherwise,risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until,and shall pass to the Ordering activity upon: (1)Delivery of the supplies to a carrier,if transportation is f.o.b.origin;or (2)Delivery of the supplies to the Ordering activity at the destination specified in the contract,if transportation is f.o.b.destination. (k)Taxes.The contract price includes all applicable Federal,State,and local taxes and duties. (1)Termination for the Ordering activity's convenience.The Ordering activity reserves the right to terminate this contract,or any part hereof,for its sole convenience.In the event of such termination,the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.Subject to the terms of this contract,the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination,plus reasonable charges the Contractor can demonstrate to the satisfaction of the Ordering activity using its standard record keeping system,have resulted from the termination.The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose.This paragraph does not give the Ordering activity any right to audit the Contractor's records.The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m)Termination for cause.The Ordering activity may terminate this contract,or any part hereof,for cause in the event of any default by the Contractor,or if the Contractor fails to comply with any contract terms and conditions,or fails to provide the Ordering activity,upon request,with adequate assurances of future performance. In the event of termination for cause,the Ordering activity shall not be liable to the Contractor for any amount for supplies or services not accepted,and the Contractor shall be liable to the Ordering activity for any and all rights and remedies provided by law. If it is determined that the Ordering activity improperly terminated this contract for default,such termination shall be deemed a termination for convenience. (n)Title.Unless specified elsewhere in this contract,title to items furnished under this contract shall `_. pass to the Ordering activity upon acceptance,regardless of when or where the Ordering activity takes Page:127 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS physical possession. (o)Warranty.The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p)Limitation of liability.Except as otherwise provided by an express warranty,the Contractor will not be liable to the Ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. (q)Other compliances.The Contractor shall comply with all applicable Federal,State and local laws, executive orders,rules and regulations applicable to its perfonnance under this contract. (r)Compliance with laws unique to Government contracts.The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.431 relating to officials not to benefit;40 U.S.C.chapter 37,Contract Work Hours and Safety Standards;41 U.S.C.chal2ter 87,Kickbacks;41 U.S.C.4712 and 10 U.S.C.2409 relating to whistleblower protections;49 U.S.C.40118,Fly American;and 41 U.S.C.chapter 21 relating to procurement integrity. (s)Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order; (1)The schedule of supplies/services. (2)The Assignments,Disputes, Payments, Invoice,Other Compliances,Compliance with Laws Unique to Government Contracts,Unauthorized Obligations,and Commercial Supplier Agreements—Unenforceable Clauses paragraphs of this clause, (3)The clause at 52.212-5, (4)Solicitation provisions if this is a solicitation. (5)Other paragraphs of this clause. (6)Addenda to this solicitation or contract,including any license agreements for computer software. (7)The Standard Form 1449. (8)Other documents,exhibits,and attachments. (9)The specification. (t)System for Award Management(SAM). (1)Unless exempted by an addendum to this contract,the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database,and for any liability resulting from the Ordering activity's reliance on inaccurate or incomplete data.To remain registered in the SAM database after the initial registration,the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current,accurate and complete.Updating information in the SAM does not alter the terns and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name,"doing business as"name, or division name(whichever is shown on the contract),or has transferred the assets used in performing the contract,but has not completed the necessary requirements regarding Page:128 of 224 FCIS-JB-980001-B Refresh. 41 Part II-CONTRACT TERMS AND CONDITIONS novation and change-of-name agreements in FAR Subpart 42.12,the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written 1� notification of its intention to(A)change the name in the SAM database;(13)comply with the requirements of Subpart 42.12;and(C)agree in writing to the timeline and procedures specified by the responsible Contracting Officer.The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii)If the Contractor fails to comply with the requirements of paragraph(t)(2)(i)of this clause,or fails to perform the agreement at paragraph(t)(2)(i)(C)of this clause,and,in the absence of a properly executed novation or change-of-name agreement,the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment"paragraph of the electronic funds transfer(EFT)clause of this contract. (3)"fhe Contractor shall not change the name or address for EFT payments or manual payments, as appropriate,in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8,Assignment of Claims).Assignees shall be separately registered in the SAM database.Information provided to the Contractor's SAM record that indicates payments, including those made by EFT,to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the"Suspension of payment" paragraph of the EFT clause of this contract. (4)Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u)Unauthorized Obligations (1)Except as stated in paragraph(u)(2)of this clause,when any supply or service acquired under this contract is subject to any commercial supplier agreement(as defined in 502.101)that includes any language,provision,or clause requiring the Government to indemnify the Contractor or any person or entity for damages,costs,fees,or any other loss or liability that would create an Anti-Deficiency Act violation(31 U.S.C. 1341),the following shall govern: (i)Any such language,provision,or clause is unenforceable against the Government. (ii)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an"1 agree"click box or other comparable mechanism(e.g.,"click-wrap"or"browse-wrap"agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii)Any such language,provision,or clause is deemed to be stricken from the commercial supplier agreement. (2)Paragraph(u)(1)of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v)Incorporation by reference.The Contractor's representations and certifications,including those completed electronically via the System for Award Management(SAM),are incorporated by reference into the contract. (w)Commercial supplier agreements—unenforceable clauses When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in 502.101),the following language shall be deemed incorporated into the commercial Page:129 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS supplier agreement.As used herein,"this agreement"means the commercial supplier agreement: �1 (1)Notwithstanding any other provision of this agreement,when the end user is an agency or �1 instrumentality of the U.S.Government,the following shall apply: (i)Applicability.This agreement is a part of a contract between the commercial supplier and the U.S.Government for the acquisition of the supply or service that necessitates a license(including all contracts,task orders,and delivery orders under FAR Part 12). (ii)End user.This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity. (iii)Law and disputes.This agreement is governed by Federal law. (A)Any language purporting to subject the U.S.Government to the laws of a U.S.state,U.S.territory,district,or municipality,or a foreign nation,except where Federal law expressly provides for the application of such laws, is hereby deleted. (B)Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted. (C)Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted. (iv)Continued performance. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph(d)(Disputes). (v)Arbitration;equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement,(A)binding arbitration shall not be used unless specifically authorized by agency guidance,and(B)equitable or injunctive relief, including the award of attorney fees,costs or interest,may be awarded against the U.S. Government only when explicitly provided by statute(e.g.,Prompt Payment Act or Equal Access to Justice Act). (vi)Additional terms. (A)This commercial supplier agreement may unilaterally incorporate additional terms by reference.Terms may be included by reference using electronic means(e.g.,via web links,click and accept,etc).Such terms shall be enforceable only to the extent that: (1)When included by reference using electronic means,the terms are readily available at referenced locations;and (2)Terms do not materially change government obligations;and (3)Terms do not increase government prices;and (4)Terms do not decrease overall level of service;and (5)Terms do not limit any other Government rights addressed elsewhere in this contract. (B)The order of precedence clause of this contract notwithstanding,any software license terms unilaterally revised subsequent to award that is Page: 130 of 224 FCIS-JB-960001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS inconsistent with any material term or provision of this contract is not enforceable against the government. -- (vii)No automatic renewals.If any license or service tied to periodic payment is provided under this agreement(e.g.,annual software maintenance or annual lease term),such license or service shall not renew automatically upon expiration of its current term without prior express Government approval. (viii)Indemnification.Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C.516. (ix)Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity.Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.(B) This charge,if disputed by the ordering activity,will be resolved through the Disputes clause at 522.212-4(d);no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.(C)Any audit requested by the contractor will be performed at the contractor's expense,without reimbursement by the Government. (x)Taxes or surcharges.Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and,in any event,must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract. (xi)Non-assignment.This agreement may not be assigned,nor may any rights or obligations thereunder be delegated,without the Government's prior approval,except as expressly permitted under subparagraph(b)of this clause at 552.212-4. (xii)Confidential information.If this agreement includes a confidentiality clause,such clause is hereby amended to state that neither the agreement nor the Federal Supply Schedule price list(if applicable)shall be deemed"confidential information."Issues regarding release of"unit pricing"will be resolved consistent with the Freedom of Information Act.Notwithstanding anything in this agreement to the contrary,the Government may retain any confidential information as required by law,regulation or its internal document retention procedures for legal,regulatory or compliance purposes; provided,however,that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement. (2)If any language,provision,or clause of this agreement conflicts or is inconsistent with the preceding paragraph(w)(1),the language,provisions,or clause of paragraph(w)(1)shall prevail to the extent of such inconsistency. Begin Regulation 552.212-70 PREPARATION OF OFFER(MULTIPLE AWARD SCHEDULE)(AUG 1997) (a)Definitions.Concession,as used in this solicitation,means a benefit,enhancement or privilege (other than a discount),which either reduces the overall cost of a customer's acquisition or encourages a customer to consummate a purchase.Concessions include,but are not limited to freight allowance, Page.131 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS extended warranty,extended price guarantees,free installation and bonus goods. Discount,as used in this solicitation,means a reduction to catalog prices(published or unpublished). Discounts include,but are not limited to,rebates,quantity discounts,purchase option credits,and any other terms or conditions other than concessions)which reduce the amount of money a customer ultimately pays for goods or services ordered or received.Any net price lower than the list price is considered a"discount"by the percentage difference from the list price to the net price. (b)For each Special Item Number(SIN)included in an offer,the Offeror shall provide the information outlined in paragraph(c).Offerors may provide a single response covering more than one SIN,if the information disclosed is the same for all products under each SIN. If discounts and concessions vary by model or product line,offerors shall ensure that information is clearly annotated as to item or items referenced. (c)Provide information described below for each SIN: (1)Two copies of the offeror's current published(dated or otherwise identified)commercial descriptive catalogs and/or price list(s)from which discounts are offered. If special catalogs or price lists are printed for the purpose of this offer,such descriptive catalogs or price lists shall include a statement indicating the special catalog or price list represent a verbatim extract from the Offeror's commercial catalog and/or price list and identify the descriptive catalog and/or price list from which the information has been extracted. (2)Next to each offered item in the commercial catalog and/or price list,the Offeror shall write the special item number(SIN)under which the item is being offered.Unless a special catalog or price list is submitted,all other items shall be marked"excluded,"lined out,and initialed by the offeror. (3)The discount(s)offered under this solicitation.The description of discounts offered shall include all discounts,such as prompt payment discounts,quantity/dollar volume discounts (indicate whether models/products can be combined within the SIN or whether SINS can be combined to earn discounts),blanket purchase agreement discounts,or purchase option credits. If the terms of sale appearing in the commercial catalogs or price list on which an offer is based are in conflict with the terms of this solicitation,the latter shall govern. (4)A description of concessions offered under this solicitation which are not granted to other customers.Such concessions may include,but are not limited to,an extended warranty,a return/exchange goods policy,or enhanced or additional services. (5)If the Offeror is a dealer/reseller or the Offeror will use dealers to perform any aspect of contract awarded under this solicitation,describe the functions,if any,that the dealer/reseller will perform. Note: Regulation 552.212-70 This clause does NOT apply to vendors participating in the TDR Pilot. Begin Regulation 552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS(JUN 2016) (a)The Contractor agrees to comply with any clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components.The clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless Page:132 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS otherwise stated herein.The clauses in paragraph(b)of this section are incorporated by reference: [The Contracting Officer should check the clauses that apply or delete the clauses that do not apply from the list. The Contracting Officer may add the date of the clause if desired for clarity./ (b)Clauses. Yes 552.203-71 Restriction on Advertising No 552.211-73 Marking No 552.215-70 Examination of Records by GSA Yes 552.215-71 Examination of Records by GSA(Multiple Award Schedule) Yes 552.215-72 Price Adjustment—Failure to Provide Accurate Information Yes 552.219-70 Allocation of Orders—Partially Set-Aside Items Yes 552.228-70 Workers'Compensation Laws Yes 552.229-70 Federal,State,and Local"I'axes Yes 552.232-8 Discounts for Prompt Payment Yes 552.232-23 Assignment of Claims Yes 552.232-71 Adjusting Payments Yes 552.232-72 Final Payment Yes 552.232-73 Availability of Funds Yes 552.232-78 Payment Information Yes 552.237-71 Qualifications of Employees Yes 552.238-71 Submission and Distribution of Authorized FSS Schedule Price List Yes 552.238-74 Industrial Funding Fee and Sales Reporting Yes 552.238-75 Price Reductions Yes 552.238-81 Modifications(Multiple Award Schedule) Yes 552.242-70 Status Report of Orders and Shipments Yes 552.246-73 Warranty—Multiple Award Schedule No 552.246-76 Warranty of Pesticides Begin Regulation 552.212-72 CONTRACT TERMS AND CONDITIONS REQUIRED Page:133 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS (JUN 2015) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement provisions of law or Executive Orders applicable to acquisition of commercial items or components.The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein.The following provisions and clauses are incorporated by reference: (a)Provisions. * * 552.223-72 Hazardous Material Information (b)Clauses. * * 552.223-70 Hazardous Substances. * * 552.223-71 Nonconforming Hazardous Material. * * 552.223-73 Preservation, Packaging,Packing,Marking and Labeling of Hazardous Materials(HAZMAT)for Shipments. * * 552.238-70 Identification of Electronic Office Equipment Providing Accessibility for the Handicapped. * * 552.238-72 Identification of Products That Have Environmental Attributes. Begin Regulation 552.215-72 PRICE ADJUSTMENT—FAILURE TO PROVIDE ACCURATE INFORMATION(AUG 1997) (a)The Government,at its election,may reduce the price of this contract or contract modification if the Contracting Officer determines after award of this contract or contract modification that the price negotiated was increased by a significant amount because the Contractor failed to: (1)provide information required by this solicitation/contract or otherwise requested by the Government;or (2)submit information that was current,accurate,and complete;or (3)disclose changes in the Contractor's commercial pricelist(s),discounts or discounting policies which occurred after the original submission and prior to the completion of negotiations. (b)The Government will consider information submitted to be current,accurate and complete if the data is current,accurate and complete as of 14 calendar days prior to the date it is submitted. (c)If any reduction in the contract price under this clause reduces the price for items for which payment was made prior to the date of the modification reflecting the price reduction,the Contractor shall be liable to and shall pay the United States— (I)The amount of the overpayment;and (2)Simple interest on the amount of such overpayment to be computed from the date(s)of Page:134 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective each quarter prescribed by the Secretary of"treasury under 26 U.S.C.6621(a)(2). (d)Failure to agree on the amount of the decrease shall be resolved as a dispute. (e)In addition to the remedy in paragraph(a)of this clause,the Government may terminate this contract for default."the rights and remedies of the Government specified herein are not exclusive,and are in addition to any other rights and remedies provided by law or under this contract. Note: Regulation 552.215-72 This provision does NOT apply to vendors participating in the TDR Pilot. Begin Regulation 552.215-73 NOTICE (JUL 2016) (a)The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No.3090-0163. (b)GSA's hours of operation are 8:00 a.m.to 4:30 p.m.Requests for pre-award debriefings postmarked or otherwise submitted after 4:30 p.m,will be considered submitted the following business day. Requests for post-award debriefings delivered after 4:30 p.m.will be considered received and filed the following business day. Begin Regulation 552.216-70 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE AWARD SCHEDULE CONTRACTS(DEVIATION IV—JUL 2016) Price adjustments include price increases and price decreases.Adjustments will be considered as follows: (a)Contractors may submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reduction Clause. (b)Contractors may request price increases providing all of the following conditions are met: (1)Increases are requested before the last 60 days of the contract period. (2)At least 30 days elapse between requested increases. (c)Documentation supporting the reasonableness of the price increase shall be submitted with the request for a price increase. (d)The Government reserves the right to exercise one of the following options: (1)Accept the Contractor's price increases as requested when all conditions of paragraphs(b)and (c) of this clause are satisfied; (2)Negotiate smaller increases when the total increase requested is not supported;or, Page: 135 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (3)Remove the product(s)from contract involved pursuant to the Cancellation Clause of this contract,when the increase requested is not supported. (c)The increased contract prices shall apply to delivery orders issued to the Contractor on or after the effective date of the contract modification Note: Regulation 552.216-70 This clause applies only to vendors participating in the TDR Pilot, Begin Regulation 552.216-70 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLEAWARD SCHEDULE CONTRACTS(SEP 1999) (ALTERNATE 1 -SEP 1999)(DEVIATION-APR 2007) Price adjustments include price increases and price decreases.Adjustments will be considered as follows: (a)Contractors shall submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reduction Clause. (b)Contractors may request price increases providing all of the following conditions are met: (1)Increases resulting from a reissue or other modification of the Contractor's commercial catalog/pricelist that was used as the basis for the contract award. (2) Increases are requested before the last 60 days of the contract period. (3)At least 30 days elapse between requested increases. (c)The following material shall be submitted with the request for a price increase: (1)A copy of the commercial catalog/pricelist showing the price increase and the effective date for commercial customers. (2)Commercial Sales Practice format regarding the Contractor's commercial pricing practice relating to the reissued or modified catalog/pricelist,or a certification that no change has occurred in the data since completion of the initial negotiation or a subsequent submission. (3)Documentation supporting the reasonableness of the price increase. (d)The Government reserves the right to exercise one of the following options: (1)Accept the Contractor's price increases as requested when all conditions of(b),(c),and(d)of this clause are satisfied; (2)Negotiate more favorable discounts from the new commercial prices when the total increase requested is not supported;or, (3)Remove the product(s)from contract involved pursuant to the Cancellation Clause of this contract,when the increase requested is not supported. (e)The contract modification reflecting the price adjustment shall be made effective upon signature of the Contracting Officer,provided that in no event shall such price adjustment be effective prior to the Page:136 of 224 FCIS-JB-980001-B Refresh: 41 Part 11-CONTRACT TERMS AND CONDITIONS effective date of the commercial price increases.The increased contract prices shall apply to delivery orders issued to the Contractor on or after the effective date of the contract modification. Note: Regulation 552.216-70 This clause does NOT apply to vendors participating in the TDR Pilot. Begin Regulation 552.232-83 CONTRACTOR'S BILLING RESPONSIBILITIES(MAY 2003) The Contractor is required to perform all billings made pursuant to this contract. However, if the Contractor has dealers that participate on the contract and the billing/payment process by the Contractor for sales made by the dealer is a significant administrative burden,the following alternative procedures may be used. Where dealers are allowed by the Contractor to bill ordering activities and accept payment in the Contractor's name, the Contractor agrees to obtain from all dealers participating in the performance of the contract a written " agreement,which will require dealers to— (1)Comply with the same terms and conditions regarding prices as the Contractor for sales made under the contract; (2)Maintain a system of reporting sales under the contract to the manufacturer,which includes— (i)The date of sale; (ii)The ordering activity to which the sale was made; (iii)The service or product/model sold; (iv)The quantity of each service or product/model sold; (v)The price at which it was sold,including discounts;and (vi)All other significant sales data. (3)Be subject to audit by the Government,with respect to sales made under the contract;and (4)Place orders and accept payments in the name of the Contractor in care of the dealer. An agreement between a Contractor and its dealers pursuant to this procedure will not establish privity of contract between dealers and the Government. Begin Regulation 552.238-72 IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES(SEP 2003) (a)Several laws,Executive orders and Agency directives require Federal buyers to purchase products that are less harmful to the environment,when they are life cycle cost-effective(see FAR Subpart 23.7). The U.S.General Services Administration(GSA)requires contractors to highlight environmental products under Federal Supply Service schedule contracts in various communications media(e.g., publications and electronic formats). Page:137 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (b)Definitions.As used in this clause— Energy-efficient product means a product that— (1)Meets Department of Energy and Environmental Protection Agency criteria for use of the ENERGY STAR[reg]trademark label;or (2)Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy's Federal Energy Management Program. GSA Advantage!®is an on-line shopping mall and ordering system that provides customers with access to products and services under GSA contracts. Other environmental attributes refers to product characteristics that provide environmental benef its, excluding recovered materials and energy and water efficiency.Several examples of these characteristics are biodegradable,recyclable,reduced pollutants,ozone safe,and low volatile organic compounds(VOCs). Post-consumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery,having completed its life as a consumer item.Post-consumer material is part of the broader category of"recovered material."The Environmental Protection Agency (EPA)has developed a list of EPA-designated products in their Comprehensive Procurement Guidelines(CPGs)to provide Federal agencies with purchasing recommendations on specific products in a Recovered Materials Advisory Notice(RMAN).The RMAN contains recommended recovered and post-consumer material content levels for the specific products designated by EPA(40 CFR part 247 and http://www.epa.gov/cpg/). Recovered materials means waste materials and by-products recovered or diverted from solid waste,but the term does not include those materials and by-products generated from,and commonly reused within,an original manufacturing process(Executive Order 13101 and 42 U.S.C.6903(19)and http://www.epa.gov/cpg/).For paper and paper products,see the definition at FAR 11.301 (42 U.S.C. 6962(h)). Remanufactured means factory rebuilt to original specifications. Renewable energy means energy produced by solar,wind,geothermal,and biomass power. Renewable energy technology means— (1)Technologies that use renewable energy to provide light,heat,cooling,or mechanical or electrical energy for use in facilities or other activities,or (2)The use of integrated whole-building designs that rely upon renewable energy resources, including passive solar design. (c)(1)The offeror must identify products that— (i)Are compliant with the recovered and post-consumer material content levels recommended in the Recovered Materials Advisory Notices(RMANs)for EPA-designated products in the CPG program(http://www.cpa.gov/cpg/); (ii)Contain recovered materials that either do not meet the recommended levels in the RMANs or are not EPA-designated products in the CPG program(see FAR 23.401 and http://www.epa.gov/cpg/); (iii)Are energy-efficient,as defined by either ENERGY STAR[reg]and/or FEMP's designated top 25th percentile levels(see ENERGY STAR[reg]at Page:138 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS http://www.energystar.gov/and FEMP at http://www.cere.energy.gov/), (iv)Are water-efficient; (v)Use renewable energy technology; (vi)Are remanufactured;and (vii)Have other environmental attributes. (2)'I'hese identifications must be made in each of the offeror's following mediums: (i)The offer itself. (ii)Printed commercial catalogs,brochures,and pricelists. (iii)Online product website. (iv)Electronic data submission for GSA Advantage!®submitted via GSA's Schedules Input Program(SIP)software or the Electronic Data Inter-change(EDI).Offerors can use the SIP or EDI methods to indicate environmental and other attributes for each product that is translated into respective icons in GSA Advantage!s. (d)An offeror,in identifying an item with an environmental attribute,must possess evidence or rely on a reasonable basis to substantiate the claim(sec 16 CFR part 260,Guides for the Use of Environmental Marketing Claims).The Government will accept an offeror's claim of an item's environmental attribute on the basis of— (1)Participation in a Federal agency-sponsored program(e.g.,the EPA and DOE ENERGY STAR[reg]product labeling program); (2)Verification by an independent organization that specializes in certifying such claims;or (3)Possession of competent and reliable evidence. For any test,analysis,research,study,or other evidence to be"competent and reliable,"it must have been conducted and evaluated in an objective manner by persons qualified to do so,using procedures generally accepted in the profession to yield accurate and reliable results. Begin Regulation 552.238-74 INDUSTRIAL FUNDING FEE AND SALES REPORTING (MAY 2014) (a)Reporting of Federal Supply Schedule Sales.The Contractor shall report all contract sales under this contract as follows: (1)The Contractor shall accurately report the dollar value,in U.S.dollars and rounded to the nearest whole dollar,of all sales under this contract by calendar quarter(January I-March 31, April 1-June 30,July I-September 30,and October I-December 31).The dollar value of a sale is the price paid by the Schedule user for products and services on a Schedule task or delivery order. The reported contract sales value shall include the Industrial Funding Fee(IFF).The Contractor shall maintain a consistent accounting method of sales reporting,based on the Contractor's established commercial accounting practice.The acceptable points at which sales may be reported include— `-- (i)Receipt of order; Page:139 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (ii)Shipment or delivery,as applicable; (iii)Issuance of an invoice;or (iv)Payment. (2)Contract sales shall be reported to Federal Acquisition Services(FAS)within 30 calendar days following the completion of each reporting quarter.The Contractor shall continue to furnish quarterly reports,including"zero"sales,through physical completion of the last outstanding task order or delivery order of the contract. (3)Reportable sales under the contract are those resulting from sales of contract items to authorized users unless the purchase was conducted pursuant to a separate contracting authority such as a Governmentwide Acquisition Contract(G WAC);a separately awarded FAR Part 12, FAR Part 13,FAR Part 14,or FAR Part 15 procurement;or a non-FAR contract.Sales made to state and local governments under Cooperative Purchasing authority shall be counted as reportable sales for IFF purposes. (4)The Contractor shall electronically report the quarterly dollar value of sales,including"zero" sales,by utilizing the automated reporting system at an Internet website designated by the General Services Administration(GSA)'s Federal Acquisition Service(FAS).Prior to using this automated system,the Contractor shall complete contract registration with the FAS Vendor Support Center(VSC).The website address,as well as registration instructions and reporting procedures,will be provided at the time of award.The Contractor shall report sales separately for each National Stock Number(NSN),Special Item Number(SIN),or sub-item. (5)The Contractor shall convert the total value of sales made in foreign currency to U.S.dollars using the"Treasury Reporting Rates of Exchange"issued by the U.S. Department of Treasury, Financial Management Service.The Contractor shall use the issue of the Treasury report in effect on the last day of the calendar quarter.The report is available from Financial Management Service,International Funds Branch,Telephone:(202)874-7994,Internet: http://www.fiscal.treasury.gov/fsreports/rpt/treasRptRateExch/treasRptRateExch_home.htm (b)The Contractor shall remit the IFF at the rate set by GSA's FAS. (1)The Contractor shall remit the IFF to FAS in U.S.dollars within 30 calendar days after the end of the reporting quarter;final payment shall be remitted within 30 days after physical completion of the last outstanding task order or delivery order of the contract. (2)The IFF represents a percentage of the total quarterly sales reported.This percentage is set at the discretion of GSA's FAS.GSA's FAS has the unilateral right to change the percentage at any time,but not more than once per year.FAS will provide reasonable notice prior to the effective date of the change.The IFF reimburses FAS for the costs of operating the Federal Supply Schedules Program.FAS recoups its operating costs from ordering activities as set forth in 40 U.S.C.321:Acquisition Services Fund.Net operating revenues generated by the IFF are also applied to fund initiatives benefitting other authorized FAS programs,in accordance with 40 U.S.C.321.Offerors must include the IFF in their prices.The fee is included in the award price(s) and reflected in the total amount charged to ordering activities.FAS will post notice of the current IFF at https://72a.gsa.gov/or successor website as appropriate. (c)Within 60 days of award,an FAS representative will provide the Contractor with specific written procedural instructions on remitting the IFF.FAS reserves the unilateral right to change such instructions from time to time,following notification to the Contractor. (d)Failure to remit the full amount of the IFF within 30 calendar days after the end of the applicable reporting period constitutes a contract debt to the United States Government under the terms of FAR Subpart 32.6.The Government may exercise all rights under the Debt Collection Improvement Act of 1996,including withholding or setting off payments and interest on the debt(see FAR clause Page:140 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS 52.232-17,Interest). Should the Contractor fail to submit the required sales reports,falsify them,or fail to timely pay the IFF,this is sufficient cause for the Government to terminate the contract for cause. Note: Regulation 552.238-74 This clause does NOT apply to vendors participating in the TDR Pilot. Begin Regulation (Note:This is an FSS reproduction using word processing soflw=)STANDARD FORM 1449 (10-95)(BACK) 552.238-74 INDUSTRIAL FUNDING FEE AND SALES REPORTING (MAY 2014)(ALTERNATE I—JUN 2016) (a)Definition. Transactional data encompasses the historical details of the products or services delivered by the Contractor during the performance of task or delivery orders issued against this contract. (b)Reporting of Transactional Data.The Contractor must report all transactional data under this contract as follows: (I)The Contractor must electronically report transactional data by utilizing the automated reporting system at an Internet website designated by the General Services Administration(GSA) or by uploading the data according to GSA instructions.GSA will post registration instructions and reporting procedures on the Vendor Support Center website,https://vsc.gsa.gov.The reporting system website address,as well as registration instructions and reporting procedures, will be provided at the time of award or inclusion of this clause in the contract. (2)The Contractor must provide,at no additional cost to the Government,the following transactional data elements,as applicable: (i)Contract or Blanket Purchase Agreement(BPA)Number. (ii)Delivery/Task Order Number/Procurement Instrument Identifier(PIID). (iii)Non-Federal Entity. (iv)Description of Deliverable. (v)Manufacturer Name. (vi)Manufacturer Part Number. (vii)Unit Measure(each,hour,case, lot). (viii)Quantity of Item Sold. (ix)Universal Product Code. (x)Price Paid per Unit. (xi)Total Price. Note to paragraph(b)(2):The Contracting Officer may add data elements to the standard elements listed in paragraph(b)(2)of this section with the approvals listed in GSAM 507.105(c)(3). (3)The contractor must report transactional data within 30 calendar days from the last calendar day of the month.If there was no contract activity during the month,the Contractor must submit a <, confirmation of no reportable transactional data within 30 calendar days of the last calendar day of the month. Page: 141 of 224 FCIS-JB-980001-B Refresh: 41 Part 11-CONTRACT TERMS AND CONDITIONS (4)The Contractor must report the price paid per unit,total price,or any other data elements with an associated monetary value listed in(b)(2)of this section,in U.S.dollars. (5)The reported price paid per unit and total price must include the Industrial Funding Fee(IFF). (6)The Contractor must maintain a consistent accounting method of transactional data reporting, based on the Contractor's established commercial accounting practice. (7)Reporting Points. (i)The acceptable points at which transactional data may be reported include— (A)Issuance of an invoice;or (B)Receipt of payment. (ii)The Contractor must determine whether to report transactional data on the basis of invoices issued or payments received. (8)The Contractor must continue to furnish reports,including confirmation of no transactional data,through physical completion of the last outstanding task or delivery order of the contract. (9)Unless otherwise expressly stated by the ordering activity,orders that contain classified information or other or information that would compromise national security are exempt from this reporting requirement. (10)This clause does not exempt the Contractor from fulfilling existing reporting requirements contained elsewhere in the contract. (11)GSA reserves the unilateral right to change reporting instructions following 60 calendar days'advance notification to the Contractor. (c)Industrial Funding Fee Funding Fee(IFFY_ (1)This contract includes an IFF charged on orders placed against this contract.The IFF is paid by the authorized ordering activity but remitted to GSA by the Contractor.The IFF reimburses GSA for the costs of operating the Federal Supply Schedule program,as set forth in 40 U.S.C. 321:Acquisition Services Fund.Net operating revenues generated by the IFF are also applied to fund initiatives benefitting other authorized GSA programs,in accordance with 40 U.S.C.321. (2)GSA has the unilateral right to change the fee amount at any time,but not more than once per year;GSA will provide reasonable notice prior to the effective date of any change.GSA will post notice of the current IFF on the Vendor Support Center website at https://vsc.gsa.gov. (3)Offerors must include the IFF in their prices.The fee is included in the awarded price(s)and reflected in the total amount charged to ordering activities.The fee will not be included in the price of non-contract items purchased pursuant to a separate contracting authority,such as a Governmentwide Acquisition Contract(GWAC);a separately awarded Federal Acquisition Regulation(FAR)Part 12,FAR Part 13,FAR Part 14,or FAR Part 15 procurement;or a non-FAR contract. (4)The Contractor must remit the IFF to GSA in U.S.dollars within 30 calendar days after the last calendar day of the reporting quarter;final payment must be remitted within 30 calendar days after physical completion of the last outstanding task order or delivery order issued against the contract. (5)GSA reserves the unilateral right to change remittance instructions following 60 calendar days'advance notification to the Contractor. Page:142 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (d)The Contractor's failure to remit the full amount of the IFF within 30 calendar days after the end of the applicable reporting period constitutes a contract debt to the United States Government under the terms of FAR Subpart 32.6.The Government may exercise all rights under the Debt Collection Improvement Act of 1996,including withholding or offsetting payments and interest on the debt(see FAR clause 52.232-17,Interest). If the Contractor fails to submit the required transactional data reports, falsifies them,or fails to timely pay the IFF,these reasons constitute sufficient cause for the Government to terminate the contract for cause. Note: Regulation 552.238-74 This clause applies only to vendors participating in the TDR Pilot. Begin Regulation 552.238-75 PRICE REDUCTIONS(JUL 2016) (a)Before award of a contract,the Contracting Officer and the Offeror will agree upon(1)the customer (or category of customers)which will be the basis of award,and(2)the Government's price or discount relationship to the identified customer(or category of customers).This relationship shall be maintained throughout the contract period.Any change in the Contractor's commercial pricing or discount arrangement applicable to the identified customer(or category of customers)which disturbs this relationship shall constitute a price reduction. (b)During the contract period,the Contractor shall report to the Contracting Officer all price reductions to the customer(or category of customers)that was the basis of award.The Contractor's report shall include an explanation of the conditions under which the reductions were made. (c) (I) A price reduction shall apply to purchases under this contract if,after the date negotiations conclude,the Contractor— (i)Revises the commercial catalog,pricelist,schedule or other document upon which contract award was predicated to reduce prices; (ii)Grants more favorable discounts or terms and conditions than those contained in the commercial catalog,pricelist,schedule or other documents upon which contract award was predicated;or (iii)Grants special discounts to the customer(or category of customers)that formed the basis of award,and the change disturbs the price/discount relationship of the Government to the customer(or category of customers)that was the basis of award. (2)The Contractor shall offer the price reduction to the Government with the same effective date, and for the same time period,as extended to the commercial customer(or category of customers). (d)There shall be no price reduction for sales— (1)To commercial customers under firm,fixed-price definite quantity contracts with specified delivery in excess of the maximum order threshold specified in this contract; (2)To Federal agencies; (3)Made to Eligible Ordering Activities identified in GSAR Clause 552.238-78 when the order is placed under this contract(and the Eligible Ordering Activities identified in GSAR Clause 552.238-78 is the agreed upon customer or category of customer that is the basis of award);or Page:143 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (4)Caused by an error in quotation or billing,provided adequate documentation is furnished by the Contractor to the Contracting Officer. (e)The Contractor may offer the Contracting Officer a voluntary Govemmentwide price reduction at any time during the contract period. (f)The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible,but not later than 15 calendar days after its effective date. (g)The contract will be modified to reflect any price reduction which becomes applicable in accordance with this clause. Note: Regulation 552.238-75 This clause does NOT apply to vendors participating in the TDR Pilot. Note: In accordance with GSAR clause 552.238-78 Scope of Contract(Eligible Ordering Activities)(Alternate 1)(a)(2)and GSAR clause 552,238-75 Price Reductions(d)(2),there shall be no price reduction for sales made under the authority of the Federal Acquisition 'Regulation(FAR) Part 51 class deviation. With written authorization by a Federal Government contracting officer,a GSA contractor may place an order as an eligible ordering activity with a Schedule contractor. In this case,the Schedule contract sale shall not trigger a price reduction. Begin Regulation ~� (Note This is an F55 mpeod¢cuon using wind promising soflw=)STANDARD FORM 1449 (10-95)(BACK) 552.238-75 PRICE REDUCTIONS(JUL 2016)(ALTERNATE I— JUL 2016) (a)The Government may request from the Contractor,and the Contractor may provide to the Government,a temporary or permanent price reduction at any time during the contract period. (b)The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period. Note: Regulation 552.238-75 This clause applies only to vendors participating in the TDR Pilot. Begin Regulation 552.238-78 SCOPE OF CONTRACT(ELIGIBLE ORDERING ACTIVITIES)(JUL 2016) (a)This solicitation is issued to establish contracts which may be used on a nonmandatory basis by the agencies and activities named below,as a source of supply for the supplies or services described herein, for domestic and/or overseas delivery.For Special Item Number 132-53,Wireless Services ONLY, limited geographic coverage(consistent with the Offeror's commercial practice)may be proposed. /ram �4 Page:144 of 224 FCIS-JB-98GOol-B Refresh. 41 Part II-CONTRACT TERMS AND CONDITIONS (1)Executive agencies(as defined in FAR Subpart 2.1)including nonappropriated fund activities as prescribed in 41 CFR 101-26.000); (2)Government contractors authorized in writing by a Federal agency pursuant to FAR 51.1; (3)Mixed ownership Government corporations(as defined in the Government Corporation Control Act); (4)Federal Agencies, including establishments in the legislative or judicial branch of government (except the Senate,the House of Representatives and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol); (5)The Government of the District of Columbia; (6)Tribal governments when authorized under 25 U.S.C.4500); (7)Tribes or tribally designated housing entities pursuant to 25 U.S.C.41110); (8)Qualified Nonprofit Agencies as authorized under 40 U.S.C. 502(b);and (9)Organizations,other than those identified in paragraph(d)below,authorized by GSA pursuant to statute or regulation to use GSA as a source of supply. (b)Definitions— Domestic delivery is delivery within the 48 contiguous states,Alaska,Hawaii, Puerto Rico, Washington,DC,and U.S.territories.Domestic delivery also includes a port or consolidation point, within the aforementioned areas,for orders received from overseas activities. Overseas delivery is delivery to points outside of the 48 contiguous states,Washington,DC,Alaska, Hawaii, Puerto Rico,and U.S.territories. (c)Offerors are requested to check one of the following boxes: Contractor will provide domestic and overseas delivery. Contractor will provide overseas delivery only. Contractor will provide domestic delivery only. (d)The following activities may place orders against Schedule contracts: (1)State and local government may place orders against Schedule 70 contracts,and Consolidated Schedule contracts containing information technology Special Item Numbers,and Schedule 84 contracts,on an optional basis; PROVIDED,the Contractor accepts order(s)from such activities; (2)The American National Red Cross may place orders against Federal Supply Schedules for products and services in furtherance of the purposes set forth in its Federal charter(36 U.S.C.§ 300102);PROVIDED,the Contractor accepts order(s)from the American National Red Cross; and (3)Other qualified organizations,as defined in section 309 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C. §5152),may place orders against Federal Supply Schedules for products and services determined to be appropriate to facilitate emergency preparedness and disaster relief and set forth in guidance by the Administrator of General Services,in consultation with the Administrator of the Federal Emergency Management Agency; PROVIDED,the Contractor accepts order(s) from such activities. Page: 145 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (4)State and local governments may place orders against Federal Supply Schedules for good or services determined by the Secretary of Homeland Security to facilitate recovery from a major disaster declared by the President under the Robert T.Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C.5121,et seq.)to facilitate disaster preparedness or response,or to facilitate recovery from terrorism or nuclear,biological,chemical,or radiological attack; PROVIDED,the Contractor accepts order(s)from such activities. (e)Articles or services may be ordered from time to time in such quantities as may be needed to fill any requirement,subject to the Order Limitations thresholds which will be specified in resultant contracts. Overseas activities may place orders directly with schedule contractors for delivery to CONUS port or consolidation point. (f) (1) The Contractor is obligated to accept orders received from activities within the Executive Branch of the Federal Government. (2)The Contractor is not obligated to accept orders received from activities outside the Executive Branch;however,the Contractor is encouraged to accept such orders.If the Contractor elects to accept such orders,all provisions of the contract shall apply,including clause 552.232-79, Payments by Credit Card.If the Contractor is unwilling to accept such orders,and the proposed method of payment is not through the Credit Card,the Contractor shall return the order by mail or other means of delivery within 5 workdays from receipt. If the Contractor is unwilling to accept such orders,and the proposed method of payment is through the Credit Card,the Contractor must so advise the ordering activity within 24 hours of receipt of order.(Reference clause 552.232-79, Payment by Credit Card.)Failure to return an order or advise the ordering activity within the time frames of this paragraph shall constitute acceptance whereupon all provisions of the contract shall apply. (g)The Government is obligated to purchase under each resultant contract a guaranteed minimum of $2,500(two thousand,five hundred dollars)during the contract term. (h)All users of GSA's Federal Supply Schedules,including non-Federal users,shall use the schedules in accordance with the ordering guidance provided by the Administrator of General Services.GSA encourages non-Federal users to follow the Schedule Ordering Procedures set forth in the Federal Acquisition Regulation(FAR)8.4,but they may use different established competitive ordering procedures if such procedures are needed to satisfy their state and local acquisition regulations and/or organizational policies. Begin Regulation 552.238-79 USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY NON-FEDERAL ENTITIES(JUL 2016) (a)If an entity identified in paragraph(d)of the clause at 552.238-78,Scope of Contract(Eligible Ordering Activities),elects to place an order under this contract,the entity agrees that the order shall be subject to the following conditions: (1)When the Contractor accepts an order from such an entity,a separate contract is formed which incorporates by reference all the terms and conditions of the Schedule contract except the Disputes clause,the patent indemnity clause,and the portion of the Commercial Item Contract Terms and Conditions that specifies"Compliance with laws unique to Government contracts" (which applies only to contracts with entities of the Executive branch of the U.S.Government). The parties to this new contract which incorporates the terms and conditions of the Schedule contract are the individual ordering activity and the Contractor.The U.S.Government shall not be liable for the performance or nonperformance of the new contract. Disputes which cannot be resolved by the parties to the new contract may be litigated in any State or Federal court with Page:146 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS jurisdiction over the parties,applying Federal procurement law, including statutes,regulations and case law,and, if pertinent,the Uniform Commercial Code.To the extent authorized by law, J parties to this new contract are encouraged to resolve disputes through Altemative Dispute Resolution.Likewise,a Blanket Purchase Agreement(BPA),although not a contract,is an agreement that may be entered into by the Contractor with such an entity and the Federal Government is not a party. (2)Where contract clauses refer to action by a Contracting Officer or a Contracting Officer of GSA,that shall mean the individual responsible for placing the order for the ordering activity (e.g., FAR 52.212-4 at paragraph(f)and FSS clause I-FSS-244 B.) (3)As a condition of using this contract,eligible ordering activities agree to abide by all terms and conditions of the Schedule contract,except for those deleted clauses or portions of clauses mentioned in paragraph(a)(1)of this clause.Ordering activities may include terms and conditions required by statute,ordinance,regulation,order,or as otherwise allowed by State and local government entities as a part of a statement of work(SOW)or statement of objective(SOO)to the extent that these terms and conditions do not conflict with the terms and conditions of the Schedule contract.The ordering activity and the Contractor expressly acknowledge that,in entering into an agreement for the ordering activity to purchase goods or services from the Contractor,neither the ordering activity nor the Contractor will look to,primarily or in any secondary capacity,or file any claim against the United States or any of its agencies with respect to any failure of performance by the other party. (4)The ordering activity is responsible for all payments due the Contractor under the contract formed by acceptance of the ordering activity's order,without recourse to the agency of the U.S. Government,which awarded the Schedule contract. (5)The Contractor is encouraged,but not obligated,to accept orders from such entities.The Contractor may,within 5 days of receipt of the order,decline to accept any order, for any reason. The Contractor shall fulfill orders placed by such entities,which are not declined within the 5-day period. (6)The supplies or services purchased will be used for governmental purposes only and will not be resold for personal use. Disposal of property acquired will be in accordance with the established procedures of the ordering activity for the disposal of personal property. (b)If the Schedule Contractor accepts an order from an entity identified in paragraph(d)of the clause at 552.238-78,Scope of Contract(Eligible Ordering Activities),the Contractor agrees to the following conditions: (1)The ordering activity is responsible for all payments due the Contractor for the contract formed by acceptance of the order,without recourse to the agency of the U.S.Government,which awarded the Schedule contract. (2)The Contractor is encouraged,but not obligated,to accept orders from such entities.The Contractor may,within 5 days of receipt of the order,decline to accept any order,for any reason. The Contractor shall decline the order using the same means as those used to place the order.The Contractor shall fulfill orders placed by such entities,which are not declined within the 5-day period. (c)In accordance with clause 552.238-74,Industrial Funding Fee and Sales Reporting,the Contractor must report the quarterly dollar value of all sales under this contract.When submitting sales reports,the Contractor must report two dollar values for each Special Item Number: (1)The dollar value for sales to entities identified in paragraph(a)of the clause at 552.238-78, Scope of Contract(Eligible Ordering Activities),and (2)The dollar value for sales to entities identified in paragraph(d)of clause 552.238-78. Page:147 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS Begin Regulation 552.238-81 MODIFICATIONS(FEDERAL SUPPLY SCHEDULE) (APR 2014)(ALTERNATE I—JUN 2016) (a)General.The Contractor may request a contract modification by submitting a request to the Contracting Officer for approval,except as noted in paragraph(d)of this clause.At a minimum,every request shall describe the proposed change(s)and provide the rationale for the requested change(s). (b)Types of Modifications. (1)Additional items/additional SINS.When requesting additions,the following information must be submitted: (i)Information requested in paragraphs(1)and(2)of the Commercial Sales Practice Format to add SINS. (ii)Discount information for the new items(s)or new SIN(s).Specifically,submit the information requested in paragraphs 3 through 5 of the Commercial Sales Practice Format.If this information is the same as the initial award,a statement to that effect may be submitted instead. (iii)Information about the new item(s)or the item(s)under the new SIN(s)must be submitted in accordance with the request for proposal. (iv)Delivery times)for the new item(s)or the item(s)under the new SIN(s)must be submitted in accordance with the request for proposal. (v)Production point(s)for the new item(s)or the item(s)under the new SIN(s)must be submitted if required by 52.215-6,Place of Performance. (vi)Hazardous Material information(if applicable)must be submitted as required by 52.223-3(ALT I),Hazardous Material Identification and Material Safety Data. (vii)Any information requested by 52.212-3(f),Offeror Representations and Certifications—Commercial Items,that may be necessary to assure compliance with FAR 52.225-1,Buy American Act—Balance of Payments Programs—Supplies. (2)Deletions.The Contractors shall provide an explanation for the deletion.The Government reserves the right to reject any subsequent offer of the same item or a substantially equal item at a higher price during the same contract period,if the contracting officer finds the higher price to be unreasonable when compared with the deleted item. (3)Price Reduction.The Contractor shall indicate whether the price reduction falls under the item (i),(ii),or(iii)of paragraph(c)(1)of the Price Reductions clause at 552.238-75. If the Price reduction falls under item(i),the Contractor shall submit a copy of the dated commercial price list. If the price reduction falls under item(ii)or(iii),the Contractor shall submit a copy of the applicable price list(s),bulletins or letters or customer agreements which outline the effective date,duration,terms and conditions of the price reduction. (c)Effective dates.The effective date of any modification is the date specified in the modification, except as otherwise provided in the Price Reductions clause at 552.238-75. (d)Electronic File Updates.The Contractor shall update electronic file submissions to reflect all modifications.For additional items or SINS,the Contractor shall obtain the Contracting Officer's approval before transmitting changes.Contract modifications will not be made effective until the Page:148 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS Government receives the electronic file updates.The Contractor may transmit price reductions,item deletions,and corrections without prior approval.However,the Contractor shall notify the Contracting Officer as set forth in the Price Reductions clause at 552.238-75. (e)Amendments to Paper Federal Supply Schedule Price Lists. (1)The Contractor must provide supplements to its paper price lists,reflecting the most current changes.The Contractor may either: (i)Distribute a supplemental paper Federal Supply Schedule Price List within 15 workdays after the effective date of each modification. (ii)Distribute quarterly cumulative supplements.The period covered by a cumulative supplement is at the discretion of the Contractor,but may not exceed three calendar months from the effective date of the earliest modification. For example,if the first modification occurs in February,the quarterly supplement must cover February—April, and every three month period after.The Contractor must distribute each quarterly cumulative supplement within 15 workdays from the last day of the calendar quarter. (2)At a minimum,the Contractor shall distribute each supplement to those ordering activities that previously received the basic document. In addition,the Contractor shall submit two copies of each supplement to the Contracting Officer and one copy to the FSS Schedule Information Center. (f)Electronic submission of modification requests is mandatory via eMod(http://eOffer.gsa.gov), unless otherwise stated in the electronic submission standards and requirements at the Vendor Support Center website(http://vsc.gsa.gov). If the electronic submissions standards and requirements information is updated at the Vendor Support Center website,Contractors will be notified prior to the effective date of the change. Note: Regulation 552.238-81 This clause does NOT apply to vendors participating in the TDR Pilot. Begin Regulation (Nate:This ism Fss rcpmduction using word pruccss ng soft—)STANDARD FORM 1449 (10-95)(BACK) 552.238-81 MODIFICATION(FEDERAL SUPPLY SCHEDULE) (APR 2014)(ALTERNATE II—JUN 2016) (a)General.The Contractor may request a contract modification by submitting a request to the Contracting Officer for approval,except as noted in paragraph(d)of this clause.At a minimum,every request shall describe the proposed change(s)and provide the rationale for the requested change(s). (b)Types of Modifications. (1)Additional items/additional SINS.When requesting additions,the Contractor must submit the following information: (i)Information about the new item(s)or the item(s)under the new SIN(s)must be submitted in accordance with the instructions in the solicitation. ii Delivery times for the new items or the items under the new SIN s must be submitted in accordance with the request for proposal. Page:149 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (iii)Production point(s)for the new item(s)or the item(s)under the new SIN(s)must be submitted if required by FAR 52.215-6,Place of Performance. (iv)Hazardous Material information(if applicable)must be submitted as required by FAR 52.223-3(Alternate I),Hazardous Material Identification and Material Safety Data. (v)Any information requested by FAR 52.212-3(f),Offeror Representations and Certifications-Commercial Items,that may be necessary to assure compliance with FAR 52.225-1, Buy American Act-Balance of Payments Programs-Supplies. (2)Deletions.The Contractor must provide an explanation for the deletion.The Government reserves the right to reject any subsequent offer of the same item or a substantially equal item at a higher price during the same contract period,if the Contracting Officer determines that the higher price is unreasonable compared to the price of the deleted item. (c)Effective dates.The effective date of any modification is the date specified in the modification, except as otherwise provided in the Price Reductions clause at 552.238-75. (d)Electronic File Updates.The Contractor shall update electronic file submissions to reflect all modifications.For additional items or SINS,the Contractor shall obtain the Contracting Officer's approval before transmitting changes.Contract modifications will not be made effective until the Government receives the electronic file updates.The Contractor may transmit price reductions,item deletions,and corrections without prior approval. However,the Contractor shall notify the Contracting Officer as set forth in the Price Reductions clause at 552.238-75. (e)Amendments to Paper Federal Supply Schedule Price Lists. (1)The Contractor must provide supplements to its paper price lists,reflecting the most current changes.The Contractor may either: (i)Distribute a supplemental paper Federal Supply Schedule Price List within 15 workdays after the effective date of each modification. (ii)Distribute quarterly cumulative supplements.The period covered by a cumulative supplement is at the discretion of the Contractor,but may not exceed three calendar months from the effective date of the earliest modification. For example,if the first modification occurs in February,the quarterly supplement must cover February-April, and every three month period after.The Contractor must distribute each quarterly cumulative supplement within 15 workdays from the last day of the calendar quarter. (2)At a minimum,the Contractor shall distribute each supplement to those ordering activities that previously received the basic document. In addition,the Contractor shall submit two copies of each supplement to the Contracting Officer and one copy to the FSS Schedule Information Center. Note: Regulation 552.238-81 This clause applies only to vendors participating in the TDR Pilot. Begin Regulation 552.246-73 WARRANTY—MULTIPLE AWARD SCHEDULE (MAR 2000)(ALTERNATE 1—MAY 2003) (a)Applicable to domestic locations. Unless specified otherwise in this contract,the Contractor's Page:150 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS standard commercial warranty as stated in the Contractor's commercial price list applies to this contract. `J (b)Applicable to overseas destinations. Unless specified otherwise in this contract,the Contractor's standard commercial warranty as stated in the commercial price list applies to this contract,except as follows: (1)The Contractor must provide,at a minimum,a warranty on all non-consumable parts for a period of 90 days from the date that the ordering activity accepts the product. (2)The Contractor must supply parts and labor required under the warranty provisions free of charge. (3)The Contractor must bear the transportation costs of returning the products to and from the repair facility,or the costs involved with Contractor personnel traveling to the ordering activity facility for the purpose of repairing the product onsite,during the 90 day warranty period. Begin Regulation C-FSS-370 CONTRACTOR TASKS/SPECIAL REQUIREMENTS (NOV 2003) (a)Security Clearances: "the Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule. (b)Travel: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by Pub L.99-234 and FAR Part 31,and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency. The Industrial Funding Fee does NOT apply to travel and per diem charges. (c)Certifications,Licenses and Accreditations: As a commercial practice,the Contractor may be required to obtain/possess any variety of certifications,licenses and accreditations for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program. (d)Insurance: As a commercial practice,the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program. (e)Personnel: The Contractor may be required to provide key personnel,resumes or skill category descriptions in the performance of orders issued under this contract. Ordering activities may require agency approval of additions or replacements to key personnel. (f)Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as determined by the ordering agency,the Contractor's participation in such order may be restricted in accordance with FAR Part 9.5. (g)Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules,regulations,OMB orders,standards and documentation as specified by the % agency's order. Page: 151 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (h)Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the agency's order. (i)Government-Furnished Property: As specified by the agency's order,the Government may provide property,equipment,materials or resources as necessary. 0)Availability of Funds: Many Government agencies'operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed under the contract or any option year. The Government's obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer. (k)Overtime: For professional services,the labor rates in the Schedule should not vary by virtue of the Contractor having worked overtime. For services applicable to the Service Contract Act(as identified in the Schedule),the labor rates in the Schedule will vary as governed by labor laws(usually assessed a time and a half of the labor rate). Begin Regulation C-FSS-425 WORKMANSHIP(OCT 1988) Any item contracted for must be new,current model at the time of offer,unless otherwise specified.Each article must perform the functions for its intended use. Begin Regulation C-FSS-427 ANSI STANDARDS(JUL 1991) ANSI Standards cited in this solicitation may be obtained from the American National Standards Institute, Inc., 11 West 42nd Street, 13th Floor,New York,NY 10036(Tel:(212)642-4900). Begin Regulation CI-FSS-002 SUBMISSION OF OFFERS—ADDITIONAL INSTRUCTIONS(MAR 1996) Offerors are requested to submit a signed original and 2 copies of SF-1449 together with all addenda and attachments complete in every respect with the exception of oversized blueprints,drawings,or similar documents attached to the solicitation.Oversized blueprints,drawings,or similar documents are not required to be duplicated for the purpose of submitting a duplicate copy of the offer to GSA. Begin Regulation CI-FSS-052 AUTHENTICATION PRODUCTS AND SERVICES(JAN 2010) (a)General Background. (1)The General Services Administration(GSA)originally established the Access Certificates for Electronic Services(ACES)Program to provide digital certificates and PKI services for enabling e-Government applications that require logical access control,digital signature and/or electronic authentication.The ACES Program provided for the issuance of electronic credentials to Page:152 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS individuals and entities external to the Federal Government.The Federal PKI Policy Authority approved the policies and requirements of the ACES Program to satisfy the Federal requirements for cross-certification with the Federal Bridge Certification Authority(FBCA)and participation in the Federal e-Authenti cation initiative.The term"Identity and Access Management"(IAM)is now being used to clearly define the kinds of services that meet the requirements for service providers and products that support FISMA-compliant IAM systems deployed by federal agencies. In addition,many states have adopted corresponding standards for IAM. (2)Homeland Security Presidential Directive 12(HSPD-12),"Policy for a Common Identification Standard for Federal Employees and Contractors"establishes the requirement for a mandatory Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and contractor employees assigned to Government contracts in order to enhance security, increase Government efficiency,reduce identity fraud,and protect personal privacy.Further,the Directive requires the Department of Commerce to promulgate a Federal standard for secure and reliable forms of identification within six months of the date of the Directive.As a result,the National Institute of Standards and Technology(NIST) released Federal Information Processing Standard(FIPS)201: Personal Identity Verification of Federal Employees and Contractors on February 25,2005,FIPS 201 requires that the digital certificates incorporated into the Personal Identity Verification(PIV)identity credentials comply with the X.509 Certificate Policy for the U.S. Federal PKI Common Policy Framework. In addition,FIPS 201 requires that Federal identity badges referred to as PIV credentials,issued to Federal employees and contractors comply with the Standard and associated NIST Special Publications 800-73,800-76,800-78,and 800-79. (b)Special Item Numbers. The General Services Administration has established the e-Authentication Initiative(see URL: http://www.idmanagement.gov)to provide common infrastructure for the authentication of the public and internal federal users for logical access to Federal e-Government applications and electronic services.To support the government-wide implementation of HSPD-12 and the Federal e-Authentication Initiative,GSA has established Special Item Numbers(SINS)pertaining to Authentication Products and Services,including Electronic Credentials,Digital Certificates, e-Authentication,Identify and Access Management,PKI Shared Service Providers,and HSPD-12 Product and Service Components. (c)Qualification Information. (1)All Authentication Products and Services must be qualified as being compliant with Government-wide requirements before they will be included on a GSA Information Technology (IT)Schedule contract.The Qualification Requirements and associated evaluation procedures against the Qualification Requirements for each SIN and the specific Qualification Requirements for HSPD-12 implementation components are presented at the following URL: http://www.idmanagement.gov. (2)In addition,the National Institute of Standards and Technology(NISI)has established the NIST Personal Identity Verification Program(NPIVP)to evaluate integrated circuit chip cards and products against conformance requirements contained in FIPS 201.GSA has established the FIPS 201 Evaluation Program to evaluate other products needed for agency implementation of HSPD-12 requirements where normative requirements are specified in FIPS 201 and to perform card and reader interface testing for interoperability.Products that are approved as FIPS-201 compliant through these evaluation and testing programs may be offered directly through the HSPD-12 Product and Services Components SIN,under the category"Approved FIPS 201-Compliant Products and services". (d)Qualification Requirements. (1)Offerors proposing Authentication products and services under the established Special Item �. Numbers(SINS)are required to provide the following: Page:153 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (i)Proposed items must be determined to be compliant with Federal requirements for that Special Item Number.Qualification Requirements and procedures for the evaluation of products and services are posted at the URL:http://www.idmanagement.gov.GSA will follow these procedures in qualifying offeror's products and services against the Qualification Requirements for applicable to SIN.Offerors must submit all documentation certification letter(s)for Authentication Products and Services offerings at the same time as the submission of proposal.Award will be dependent upon receipt of official documentation from the Acquisition Program Management Office(APMO)listed below verifying satisfactory qualification against the Qualification Requirements of the proposed SIN(s). (ii)After award,Contractor agrees that certified products and services will not be offered under any other SIN on any GSA Multiple Award Schedule. (iii) (A)If the Contractor changes the products or services previously qualified,GSA may require the contractor to resubmit the products or services for re-qualification. (B)If the Federal Government changes the qualification requirements or standards,Contractor must resubmit the products and services for re-qualification. (2)Immediately prior to making an award,Contracting Officers MUST consult the following website to ensure that the supplies and/or services recommended for award under any Authentication Products and Services SINS are in compliance with the latest APL qualification standards: www.idmanagement.gov.A dated copy of the applicable page should be made and included with award documents. (e)Demonstrating Conformance. (1)The Federal Government has established Qualification Requirements for demonstrating conformance with the Standards.The following websites provide additional information regarding the evaluation and qualification processes: (i)For Access Certificates for Electronic Services(ACES)and PKI Shared Service Provider(SSP)Qualification Requirements and evaluation procedures: http://www.idmanagement.gov; (ii)For FISPD-12 Product and Service Components Qualification Requirements and evaluation procedures:http://www.idmanagement.gov; (iii)For FIPS 201 compliant products and services qualification and approval procedures: http://www.csrc.nist.gov/piv-project/and http://www.smart.gov. (f)Acquisition Program Management Office(APMO). GSA has established the APMO to provide centralized technical oversight and management regarding the qualification process to industry partners and Federal agencies.Contact the following APMO for information on the e-Authentication Qualification process.Technical, APMO,FIPS 201and HSPD-12 Points of Contacts can be found below,or in an additional attachment to the Solicitation. See Attachment Begin Regulation CI-FSS-OSS COMMERCIAL SATELLITE COMMUNICATION Page:154 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (COMSATCOM)SERVICES(DEC 2014) To ensure the protection of controlled unclassified information(CUI)as required by Federal Information Security Management Act of 2002 and DoDM 5200.01-V4(DoD Information Security Program;Controlled Unclassified Information(CUI)the following shall be implemented. (a)General Background. Special Item Numbers(SINS)have been established for Commercial Satellite Communications (COMSATCOM)services,focused on transponded capacity(SIN 132-54)and fixed and mobile subscription services(SIN 132-55),to make available common COMSATCOM services to all Ordering Activities. (b)Information Assurance. (1)The Contractor shall demonstrate,to the maximum extent practicable,the ability to meet: (i)The Committee on National Security Systems Policy(CNSSP) 12,"National Information Assurance Policy for Space Systems used to Support National Security Missions,"or (ii)Department of Defense Directive(DoDI)8581.1,"Information Assurance(IA)Policy for Space Systems Used by the Department of Defense." (2)The Contractor shall demonstrate the ability to comply with the Federal Information Security Management Act of 2002 as implemented by Federal Information Processing Standards Publication 200(FIPS 200),"Minimum Security Requirements for Federal Information and Information Systems."In response to Ordering Activity requirements,at a minimum,all services shall meet the requirements assigned against: (i)A low-impact information system(per FIPS 200)that is described in the current revision of National Institute of Standards and Technology(NIST)Special Publication(SP)800-53,"Recommended Security Controls for Federal Information Systems and Organizations," (3)The Contractor's information assurance boundary is where the Contractor's services connect to the user terminals/equipment(i.e., includes satellite command encryption (ground and space);systems used in the Satellite Operations Centers(SOCs),Network Operations Centers(NOCs)and teleport;and terrestrial infrastructure required for service delivery). (c)Delivery Schedule. The Contractor shall deliver COMSATCOM services in accordance with 552.211-78. (d)Portability. The Contractor shall have the capability to redeploy COMSATCOM services,subject to availability. Portability shall be provided within the COMSATCOM Contractor's resources at any time as requested by the Ordering Activity. When portability is exercised,evidence of equivalent net present value(NPV) shall be provided by the Contractor. (e)Flexibility/Optimization. The Contractor shall have the capability to re-groom resources for spectral,operational,or price efficiencies.Flexibility/optimization shall be provided within the COMSATCOM Contractor's resources at any time as requested by the Ordering Activity. When flexibility/optimization is exercised, �-- evidence of equivalent net present value(NPV)shall be provided by the contractor.The Contractor is Page:155 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS encouraged to submit re-grooming approaches for Ordering Activity consideration that may increase efficiencies for existing COMSATCOM services. (f)Net Ready(Interoperability). COMSATCOM services shall be consistent with commercial standards and practices.Services shall have the capability to access and/or interoperate with Government or other Commercial teleports/gateways and provide enterprise service access to or among networks or enclaves. Interfaces may be identified as interoperable on the basis of participation in a sponsored interoperability program. (g)Network Monitoring(Net OPS). The Contractor shall have the capability to electronically collect and deliver near real-time monitoring, fault/incident/outage reporting,and information access to ensure effective and efficient operations, performance,and availability,consistent with commercial practices.Consistent with the Contractor's standard management practices,the Net Ops information will be provided on a frequency(example: every 6 hours,daily)and format(example:SNMP,XML)as defined in a requirement to a location/entity/electronic interface defined by the Ordering Activity.Specific reporting requirements will be defined by the Ordering Activity. (h)EM11RFI Identification, Characterization,and Geo-location. The Contractor shall have the capability to collect and electronically report in near real-time Electro Magnetic Interference(EMI)/Radio Frequency Interference(RFI)identification,characterization,and geo-location,including the ability to identify and characterize sub-carrier EMI/RFI being transmitted underneath an authorized carrier,and the ability to geo-locate the source of any and all EMI/RFI.The Contractor shall establish and use with the Ordering Activity a mutually agreed upon media and voice communications capability capable of protecting"Sensitive,but Unclassified"data. (i)Security. (1)The contractor may be required to obtain/possess varying levels of personnel and facility security clearances up to U.S.Government TOP SECRET/Sensitive Compartmented Information (TS/SCI)or equivalent clearances assigned by the National Security Authority of a NATO Member State or Major Non-NATO Ally. (2)For incident resolution involving classified matters,the Contractor shall provide appropriately cleared staff who can affect COMSATCOM services operations(example:satellite payload operations,network operations).The Contractor shall provide a minimum of one operations staff member AND a minimum of one person with the authority to commit the company if resolution requires business impacting decisions(example:Chief Executive Officer,Chief Operations Officer,etc.). (3)When Communications Security or Transmission Security equipment or keying material is placed in the equipment/terminal shelter,the Contractor shall ensure compliance with applicable physical security directives/guidelines and that all deployed equipment/terminal operations and maintenance personnel shall possess the appropriate clearances,equal to or higher than the classification level of the data being transmitted. Where local regulations require use of foreign personnel for terminal operations and maintenance,then the Contractor shall ensure compliance with applicable security directives/guidelines and document to the U.S.Government's satisfaction that protective measures are in place and such individuals have equivalent clearances granted by the local host nation. (4)For classified operations security(OPSEC),the Contractor shall ensure that all personnel in direct contact with classified OPSEC indicators(example:the unit,location,and time of operations)have U.S. SECRET or higher personnel security clearances,or,as appropriate, equivalent clearances assigned by the National Security Authority of a NATO Member State or Major Non-NATO Ally,in accordance with applicable security directives and guidelines. Page:156 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (5)To ensure the capability of communicating classified intelligence information to satellite -• vendors cleared satellite vendor/staff must have access to secure voice communications for emergency purposes.Communications security equipment(COMSEC)certified by the National Security Agency(NSA)to secure critical unclassified and up to and including SECRET communication transmissions at their operating locations is required. (6)The Contractor shall have the capability to"mask"or"protect"users against unauthorized release of identifying information to any entity that could compromise operations security. Identifying information includes but is not limited to personal user and/or unit information including tail numbers,unit names,unit numbers,individual names,individual contact numbers, street addresses,etc. 0)Third party billing far COMSAT COM subscription services. The Contractor shall identify authorized network infrastructure for the Ordering Activity.In some cases,the user of the terminal may access network infrastructure owned or operated by a third party. In the event a terminal is used on a third party's network infrastructure,the Contractor shall provide to the Ordering Activity,invoices and documentation reflecting actual usage amount and third party charges incurred.The Ordering Activity shall be billed the actual third party charges incurred,or the contract third party billing price,whichever is less. (k)DoD Solicitation Pre and Post Award Requirement for Communications and Data Protection Using External Certificate Authority Public Key Infrastructure(ECA PKI). To ensure the protection of controlled unclassified information(CUI)as required by Federal Information Security Management Act of 2002 and DoDM 5200.01-V4(DoD Information Security Program:Controlled Unclassified Information(CUI)the following shall be implemented. (1)Vendors shall digitally sign and encrypt all DoD RFQ and task order related documents,to include contract deliverables,emailed to government agents.Government agents include,but are not limited to,DISA(COMSATCOM Center),DITCO,the Regional SATCOM Support Centers, General Services Administration,users of contractor-provided services,and government-contracted support.Digital signatures and encryption shall be provided through the use of Medium Hardware Assurance Public Key Infrastructures certificates,and associated hardware,issued by one of the approved External Certificate Authority(ECA)vendors. Contractors that desire to respond to DoD task order solicitations,receive and perform DoD task orders shall obtain this capability within 10 days after award of Schedule 70 Contract SINs 135-54& 132-55 or 13PAs for satellite services.Existing Schedule 70 Contractor holders of SINS 132-54& 132-55 interested in bidding on DoD Task Orders shall obtain this capability prior to bidding on any DoD solicitations. (2)The following DISA web page(http://iase.disa.mil/pki/eca/)provides links to approved ECAs. To obtain a certificate,select one of the approved ECA vendors and complete the registration. Each individual registering for a PKI certificate must verify their identity during the registration process. ECA vendors charge a fee for each registration. Note: Regulation CI-FSS-055 For additional Modification guidelines and instructions,specifically pertaining to COMSATCOM,please review the documentation published to http://www.gsa.gov/schedule70,and http://www.gsa.gov/fcsa. Begin Regulation Cl-FSS-056 FEDERAL ACQUISITION REGULATION(FAR)PART Page:157 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS 51 DEVIATION AUTHORITY(FEDERAL SUPPLY SCHEDULES) (JAN 2010) (a)General Background. On October 8,2009,a class deviation to FAR Part 51 was granted by GSA's Senior Procurement Executive in accordance with FAR Subpart 1.404,Class deviations.The deviation permits federal contracting officers to authorize GSA contractors,who are performing an order on a time-and-material or labor-hour basis,to purchase supplies and services from schedule contractors or to process requisitions through the Global Supply Program. (b)Orders. Orders placed using the FAR Part 51 deviation shall be: (1)Placed on a time-and-materials("r&M)/labor-hour(LH)basis—an order placed by the Federal Government to the buying contractor can be partially fixed price,but the portion of the order for the items to be procured using the FAR Part 51 deviation shall be T&M/LH; (2)For ancillary supplies/services that are in support of the overall order such that the items are not the primary purpose of the work ordered,but are an integral part of the total solution offered; (3)Issued in accordance with the procedures in FAR 8,405-1,Ordering Procedures for supplies, and services not requiring a statement of work; (4)Placed by the Federal Government.The authorization is NOT available to state and local governments. (c)For comprehensive guidance on the proper use the FAR Part 51 authority granted by the deviation, please refer to the Ordering Guide at www.gsa.gov/far51 deviation. Begin Regulation 1 CI-FSS-151-N ADDITIONAL EVALUATION FACTORS FOR AWARD TO NEW OFFERORS(OCT 2015) (a)The Government will consider award to a responsible offeror,whose offer conforms to all solicitation requirements, is determined technically acceptable,has acceptable past performance,and whose prices are determined fair and reasonable. (1)Section I-Administrative/Contract Data: Section I-Administrative/Contract Data will be evaluated for successful completion of all requirements outlined in provision SCP-FSS-001-N Instructions Applicable to New Offerors and, as applicable,provisions SCP-FSS-002 Specific Proposal Instructions for Services,SCP-FSS-003 Specific Proposal Instructions for Products,SCP-FSS-004 Specific Proposal Instructions for Schedule 70,SCP-FSS-005 Special Proposal Instructions for Products for Schedule 751,and SCP-FSS-006 Special Proposal Instructions for Products and Services for Schedule 23V. Page: 158 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (2)Section 11-Technical Proposal: (i.)Section If-Technical Proposal will be reviewed,evaluated and rated acceptable or unacceptable based on the technical evaluation factors described in provision SCP-FSS-001-N and,as applicable,provisions SCP-FSS-002,003,004,005,and 006 of the solicitation document.Award will be made on a SIN-by-SIN basis.A rating of -unacceptable"under any evaluation factor will result in an"unacceptable"rating overall for that SIN.Offers determined technically unacceptable for all proposed SINS will be rejected. (ii.)Factor One-Corporate Experience: Failure to provide the information as described in provision SCP-FSS-001-N for Factor One will result in an"unacceptable"rating for that SIN.The offeror shall have demonstrated that the firm can successfully perform, administer,and complete ordering activity tasks that may be awarded against a contract awarded under this solicitation.It must also demonstrate that the services proposed for each SIN are within the Scope of Work in Part I of this solicitation. (iii.)Factor Two-Past Performance: Failure to provide information as described in Factor Two of provision SCP-FSS-001-N may result in an"unacceptable"rating for the Technical Proposal.The results of the Open Ratings Past Performance Evaluation will be considered,along with other information available to the contracting officer in determining the past performance rating of the offeror.The Government reserves the right to consider any other pertinent information that comes to the attention of the Government regarding the offeror's past performance.The Government will consider the offeror's performance in the following key areas:Overall Performance, Reliability,Cost,Order Accuracy, Del iveryffimcliness,Quality,Business Relations,Personnel,Customer Support,and Responsiveness.Those offerors demonstrating a pattern of consistent acceptable performance will receive an acceptable rating. (iv.)factor Three-Quality Control:Failure to provide the required information as described in Factor Three of provision SCP-FSS-001-N may result in an"unacceptable" rating for the Technical Proposal. (v.)Factor Four-Relevant Project Experience:The offeror must submit the information described in Factor Four of provision SCP-FSS-002 and/or SC13-1--SS-003 of the solicitation.For SCP-FSS-002,the offeror must also demonstrate the successful completion of orders that arc of a similar or greater complexity to the orders described in the statement of work in Part I of the solicitation. (vi.)Technical proposals that are unrealistic in terns of technical commitment, lack technical competence,or are indicative of failure to comprehend the complexities and risks of solicitation requirements will be rejected. (3)Section III-Price Proposal: (i.)Section III-Price Proposal will be evaluated for successful completion of all requirements outlined in provision SCP-FSS-001-N and,as applicable,provisions SCP-FSS-002,003,004,005,and 006 of the Solicitation document.In order for the Section III-Pricing Proposal to be rated acceptable,the contracting officer must determine that the proposed pricing is fair,reasonable,and supportable,based on the submission of sufficient pricing information as outlined in provision SCP-FSS-001-N and,as applicable,provisions SCP-FSS-002,003,004,005,and 006, (ii.)The proposed pricing must be advantageous to the Government. If a price offered to GSA is not equal to or better than the price offered to the offeror's designated Most Favored Customer,the offeror must explain the rationale for proposing such a price in a manner sufficient to enable the contracting officer to determine that the rate is fair and reasonable. If the rates offered are not"equal to or lower than"the MFC,an acceptable Page:159 of 224 FCIS-JB-960001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS justification must be provided. (b)The Government reserves the right to award or reject without discussions.Therefore,the offeror's initial proposal should contain the best terms from a price and technical standpoint. Note: Regulation CI-FSS-151-N LThis clause does NOT apply to vendors participating in the TDR Pilot. Begin Regulation (Note rnts is m Fss reproduction using word p—sing wew=)STANDARD FORM 1449 (10-95)(BACK) CI-FSS-151-N ADDITIONAL EVALUATION FACTORS FOR AWARD TO NEW OFFERORS(OCT 2015)(ALTERNATE 1— JUL 2016) (a)The Government will consider award to a responsible offeror,whose offer conforms to all solicitation requirements,is determined technically acceptable,has acceptable past performance,and whose prices are determined fair and reasonable. (1)Section I-Administrative/Contract Data: Section I-Administrative/Contract Data will be evaluated for successful completion of all requirements outlined in provision SCP-FSS-001-N Instructions Applicable to New Offerors and,as applicable, provisions SCP-FSS-002 Specific Proposal Instructions for Services,SCP-FSS-003 Specific Proposal Instructions for Products, SCP-FSS-004 Specific Proposal Instructions for Schedule 70, SCP-FSS-005 Special Proposal Instructions jar Products for Schedule 751, and SCP-FSS-006 Special Proposal Instructions for Products and Services for Schedule 23V. (2)Section 11-Technical Proposal: (i.)Section II-Technical Proposal will be reviewed,evaluated and rated acceptable or unacceptable based on the technical evaluation factors described in provision SCP-FSS-001-N and,as applicable,provisions SCP-FSS-002,003,004,005,and 006 of the solicitation document.Award will be made on a SIN-by-SIN basis.A rating of "unacceptable"under any evaluation factor will result in an"unacceptable"rating overall for that SIN.Offers determined technically unacceptable for all proposed SINs will be rejected. (ii.)Factor One-Corporate Experience:Failure to provide the information as described in provision SCP-FSS-001-N for Factor One will result in an"unacceptable"rating for that SIN.The offeror shall have demonstrated that the firm can successfully perform, administer,and complete ordering activity tasks that may be awarded against a contract awarded under this solicitation.It must also demonstrate that the services proposed for each SIN are within the Scope of Work in Part I of this solicitation. (iii.)Factor Two-Past Performance:Failure to provide information as described in Factor Two of provision SCP-FSS-001-N may result in an"unacceptable"rating for the Technical Proposal.The results of the Open Ratings Past Performance Evaluation will be considered,along with other information available to the contracting officer in determining the past performance rating of the offeror.The Government reserves the right to consider any other pertinent information that comes to the attention of the Government regarding the offeror's past performance.The Government will consider the offeror's performance in the following key areas:Overall Performance,Reliability,Cost,Order Page:160 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS Accuracy,Delivery/Timeliness,Quality,Business Relations,Personnel,Customer — Support,and Responsiveness.Those offerors demonstrating a pattern of consistent acceptable performance will receive an acceptable rating. (iv.)Factor Three-Quality Control:Failure to provide the required information as described in Factor Three of provision SCP-FSS-001-N may result in an"unacceptable" rating for the Technical Proposal. (v.)Factor Four-Relevant Project Experience:The offeror must submit the information described in Factor Four of provision SCP-FSS-002 and/or SCP-FSS-003 of the solicitation. For SCP-FSS-002,the offeror must also demonstrate the successful completion of orders that are of a similar or greater complexity to the orders described in the statement of work in Part I of the solicitation. (vi.)Technical proposals that are unrealistic in terms of technical commitment,lack technical competence,or are indicative of failure to comprehend the complexities and risks of solicitation requirements will be rejected. (3)Section III-Price Proposal: (i.)Section III-Price Proposal will be evaluated for successful completion of all requirements outlined in provision SCP-FSS-001-N and,as applicable,provisions SCP-FSS-002,003,004,005,and 006 of the Solicitation document.In order for the Section III-Pricing Proposal to be rated acceptable,the contracting officer must determine that the proposed pricing is fair,reasonable,and supportable,based on the submission of sufficient pricing information as outlined in provision SCP-FSS-001-N and,as applicable,provisions SCP-FSS-002,003,004,005,and 006. (ii.)The proposed pricing must be advantageous to the Government. (b)The Government reserves the right to award or reject without discussions.Therefore,the offeror's initial proposal should contain the best terms from a price and technical standpoint. Note: Regulation CI-FSS-151-N This clause applies only to vendors participating in the TDR Pilot. Begin Regulation 1 CI-FSS-151-S ADDITIONAL EVALUATION FACTORS FOR AWARD TO SUCCESSFUL FSS PROGRAM CONTRACTORS(OCT 2015) (a)The Government will consider award to a responsible offeror,whose offer conforms to all _ solicitation requirements,is determined technically acceptable,has acceptable past performance,and whose prices are determined fair and reasonable. Page: 161 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (1)Section 1-Administrative/Contract Data: Section I-Administrative/Contract Data will be evaluated for successful completion of all requirements outlined in provision SCP-FSS-001-S Instructions Applicable to Successful FSS Program Contractors and,as applicable,provisions SCP-FSS-002 Specific Proposal Instructions for Services,SCP-FSS-003 Specific Proposal Instructions for Products,SCP-FSS-004 Specific Proposal Instructions for Schedule 70,SCP-FSS-005 Special Proposal Instructions for Products for Schedule 751,and SCP-FSS-006 Special Proposal Instructions for Products and Services for Schedule 23V. (2)Section II-Technical Proposal: (i.)Section II-Technical Proposal will be reviewed,evaluated and rated acceptable or unacceptable based on the two technical evaluation factors described in provision SCP-FSS-001-S and,as applicable,provisions SCP-FSS-002,003,004,005,and 006 of the solicitation document. Award will be made on a SIN-by-SIN basis.A rating of "unacceptable"under any evaluation factor will result in an"unacceptable"rating overall for that SIN.Offers determined technically unacceptable for all proposed SINS will be rejected. (ii.)Quality Control:Failure to provide the required information as described in Quality Control under provision SCP-FSS-001-S may result in an"unacceptable"rating for the Technical Proposal. (iii.)Past Performance:The contracting officer will use the results of a search of known past performance information regarding the existing FSS contract,including but not limited to information in PPIRS along with any relevant past performance information provided by the offeror,to determine the past performance rating of the offeror.The Government reserves the right to consider any other pertinent information that comes to the attention of the Government regarding the offeror's past performance.Those offerors demonstrating a pattern of satisfactory performance will receive an acceptable rating. (iv.)Technical proposals that are unrealistic in terms of technical commitment, lack technical competence,or are indicative of failure to comprehend the complexities and risks of solicitation requirements will be rejected. (3)Section III-Price Proposal: (i.)Section III-Price Proposal will be evaluated for successful completion of all requirements outlined in provision SCP-FSS-001-S and,as applicable,provisions SCP-FSS-002,003,004,005,and 006 of the solicitation document. In order for the Section III -Pricing Proposal to be rated acceptable,the contracting officer must determine that the proposed pricing is fair,reasonable,and supportable,based on the submission of sufficient pricing information as outlined in provision SCP-FSS-001-S and, as applicable,provisions SCP-FSS-002,003,004,005,and 006. (ii.)The proposed pricing must be advantageous to the Government. If a price offered to GSA is not equal to or better than the price offered to the offeror's designated Most Favored Customer,the offeror must explain the rationale for proposing such a price in a manner sufficient to enable the contracting officer to determine that the rate is fair and reasonable. If the rates offered are not"equal to or lower than"the MFC,an acceptable justification must be provided. (b)The Government reserves the right to award or reject without discussions.Therefore,the offeror's initial proposal should contain the best terms from a price and technical standpoint. Page:162 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS Note: Regulation CI-FSS-151-S This clause does NOT apply to vendors participating in the TDR Pilot. Begin Regulation (`ote. This is an FSS reproduction using word processing soRw=)STA NDARD FORM 1449 (10-95)(BACK) CI-FSS-151-S ADDITIONAL EVALUATION FACTORS FOR AWARD TO SUCCESSFUL FSS PROGRAM CONTRACTORS (OCT 2015)(ALTERNATE 1—JUL 2016) (a)The Government will consider award to a responsible offeror,whose offer conforms to all solicitation requirements,is determined technically acceptable,has acceptable past performance,and whose prices arc determined fair and reasonable. (1)Section 1-Administrative/Contract Data: Section I-Administrative/Contract Data will be evaluated for successful completion of all requirements outlined in provision SCP-FSS-001-5 Instructions Applicable to Successful ISS Program Contractors and,as applicable,provisions SCP-FSS-002 Specific Proposal Instructions for Services,SCP-FSS-003 Specific Proposal Instructions for Products,SCP-FSS-004 Specific Proposal Instructions for Schedule 70,SCP-FSS-005 Special Proposal Instructions for Products for Schedule 751,and SCP-FSS-006 Special Proposal Instructions for Products and Services for Schedule 23 P. (2)Section Il-Technical Proposal: (i.)Section II-Technical Proposal will be reviewed,evaluated and rated acceptable or unacceptable based on the two technical evaluation factors described in provision SCP-FSS-001-S and,as applicable,provisions SCP-FSS-002,003,004,005,and 006 of the solicitation document.Award will be made on a SIN-by-SIN basis.A rating of "unacceptable"under any evaluation factor will result in an"unacceptable"rating overall for that SIN.Offers determined technically unacceptable for all proposed SINs will be rejected. (ii.)Quality Control:Failure to provide the required information as described in Quality Control under provision SCP-FSS-001-S may result in an"unacceptable"rating for the Technical Proposal. (iii.)Past Performance:The contracting officer will use the results of a search of known past performance information regarding the existing FSS contract, including but not limited to information in PPIRS along with any relevant past performance information provided by the offeror,to determine the past performance rating of the offeror.The Government reserves the right to consider any other pertinent information that comes to the attention of the Government regarding the offeror's past performance.Those offerors demonstrating a pattern of satisfactory performance will receive an acceptable rating. (iv.)Technical proposals that are unrealistic in terms of technical commitment, lack technical competence,or are indicative of failure to comprehend the complexities and risks of solicitation requirements will be rejected. (3)Section III-Price Proposal: (i.)Section III-Price Proposal will be evaluated for successful completion of all requirements outlined in provision SCP-FSS-001-5 and,as applicable,provisions t SCP-FSS-002,003,004,005,and 006 of the solicitation document. In order for the Page:163 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS Section III-Pricing Proposal to be rated acceptable,the contracting officer must determine that the proposed pricing is fair,reasonable,and supportable,based on the submission of sufficient pricing information as outlined in provision SCP-FSS-001-S and, as applicable,provisions SCP-FSS-002,003,004,005,and 006. (ii.)The proposed pricing must be advantageous to the Government. (b)The Government reserves the right to award or reject without discussions.Therefore,the offeror's initial proposal should contain the best terms from a price and technical standpoint. Note: Regulation Cl-FSS-151-S This clause applies only to vendors participating in the TDR Pilot. Begin Regulation CI-FSS-152-N ADDITIONAL EVALUATION FACTORS FOR NEW OFFERORS UNDER SCHEDULE 70(SEP 2016) (a)The Government will consider award to an offeror who has been determined to be responsible, whose offer conforms to all solicitation requirements,who is determined technically acceptable,who has acceptable past performance,and whose prices are determined fair and reasonable. (b)All technical evaluation factors will be reviewed,evaluated,and rated acceptable or unacceptable based on the criteria listed below. Award will be made on a SIN-by-SIN basis.A rating of "unacceptable"under any technical evaluation factor,by SIN,will result in an"unacceptable"rating overall for that SIN,and that SIN will be rejected.Offers determined unacceptable for all proposed SIN(s)will be rejected. I.TECHNICAL EVALUATION FACTORS: (1)FACTOR l:Corporate Experience:See SCP-FSS-001-N (2)FACTOR 2:Past Performance: See SCP-FSS-001-N (3)FACTOR 3: Quality Control:See SCP-FSS-001-N (4)FACTOR 4: Relevant Project Experience:See SCP-FSS-004.Additional requirements are: (i.)SIN 132-45A Penetration Testing,SIN 132-45B Incident Response,SIN 132-45C Cyber Hunt,SIN 132-45D Risk and Vulnerability Assessment,SIN 132-51 IT Professional Services,SIN 132-60f Identity Access Management(IAM)Professional Services only. (A)Provide a description of the offeror's experience in the professional information technology services offered under SIN 132-45A,SIN 132-4513, SIN 132-45C,SIN 132-45D,SIN 132-51 and/or SIN 132-60f. Describe three completed or on-going project(s),similar in size and complexity to the effort contemplated herein and in sufficient detail for the Government to perform an evaluation. For SIN 132-60f,two of the three projects described must be prior Federal Government application deployment projects for public-facing IT Page:164 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS systems. Each completed example shall have been completed within the last two years.All examples of completed services shall have been found to be L acceptable by the ordering activity. If the offeror cannot provide three examples of past experience,they may provide additional documentation to substantiate project experience to be evaluated by the contracting officer. (B)Within the four-page limitation for each project narrative,offerors shall outline the following for proposed SINS SIN 132-45A,SIN 132-4513,SIN 132-45C,SIN 132-45D, 132-51 and 132-60f. 1)Provide background information on the project or projects presented to demonstrate expertise. 2)Outline how the project or projects are related to the proposed SIN(s). 3)Submit summary of the final deliverables for the noted project or projects. 4)Offerors shall demonstrate that the tasks performed are of a similar complexity to the work solicited under this solicitation. 5)Provide the following information for each project submitted: i)Project/Contract Name; ii)Project Description; iii)Dollar Amount of Contract; iv)Project Duration,which includes the original estimated completion date and the actual completion date;and v)Point of Contact and Telephone Number. (ii.)SIN 132-54,Commercial Satellite Communications(COMSATCOM)Transponded Capacity and/or SIN 132-55,COMSATCOM Subscription Services (A)Provide a description of the offeror's experience delivering COMSATCOM services as described in CI-FSS-055 Commercial Satellite Communication (COMSATCOM)Services.For each COMSA71'COM Services SIN proposed, describe three completed or ongoing projects,similar in size and complexity to the services the vendor is proposing to offer and in sufficient detail for the Government to perform an evaluation.(NOTE: If applying for both SIN 132-54 and 132-55,describe three projects related to SIN 132-54,and another three projects related to SIN 132-55.)All completed projects shall have been completed within the last three years prior to submission of the vendor's COMSATCOM Services SIN proposal.Performance of all completed projects shall have been found acceptable by the ordering activity.If the offeror cannot provide three projects,it may provide additional documentation to substantiate project experience to be evaluated by the contracting officer. (B)Within the four-page limitation for each project narrative,the offeror shall include the following information: 1)Provide background information on the project presented to demonstrate familiarity and expertise servicing COMSATCOM requirements. Page: 165 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS 2)Outline how the project is related to the proposed COMSATCOM Services SIN. 3)Demonstrate that the tasks performed are of a similar size,scope,and complexity to the work solicited under this solicitation. 4)Provide the following information for each project submitted: i)Project/Contract Name; ii)Project Description; iii)Dollar Amount of Contract; iv)Project Duration,which includes the original estimated completion date and the actual completion date;and v)Point of Contact and Telephone Number. (iii.) Information Assurance Minimum Security Controls Compliance for SIN 132-54, Commercial Satellite Communications(COMSATCOM)Transponded Capacity Services and SIN 132-55,COMSA'rCOM Subscription Services only. (A)Federal policy specifies Government customer compliance with the Federal Information Security Management Act of 2002 as implemented by Federal Information Processing Standards Publication 200(FIPS 200),"Minimum Security Requirements for Federal Information and Information Systems."This standard specifies minimum security requirements Federal agencies must meet, defined through the use of security controls described in National Institute of Standards and'l'echnology(NIST)Special Publication(SP)800-53, �J "Recommended Security Controls for Federal Information Systems and Organizations,"DoD Instruction(DODI)8500.2,"Information Assurance Implementation,"and associated documents. (B)Complete the Information Assurance Checklist found on the GSA SATCOM Services Program Management Office website (http://www.gsa.gov/portal/content/122627). (C)The Government will evaluate the Information Assurance Checklist submitted as part of offeror's proposal to determine whether the offeror understands the minimum security controls,and has processes,personnel,and infrastructure that currently complies or demonstrates a reasonable approach to becoming compliant with all the minimum security controls for at least a low-impact information system or MAC III system. (iv.)SIN 132-56 Health Information Technology Services (A)Provide a description of the offeror's experience in the Health information technology services offered under SIN 132-56.Describe three completed or on-going prcject(s),similar in size and complexity to the effort contemplated herein and in sufficient detail for the Government to perform an evaluation. Each completed example shall have been completed within the last three years. All examples of completed services shall have been found to be acceptable by the ordering activity. (B)Within the four-page limitation for each project narrative,offerors shall outline the following for proposed SIN 132-56: Page:166 of 224 FCIS-JB-980001-B Refresh. 41 Part II-CONTRACT TERMS AND CONDITIONS 1)Provide background information on the project or projects presented to demonstrate Health IT expertise. 2)Outline how the project or projects are related to the proposed Health IT SIN. 3)Submit summary of the final deliverables for the noted project or projects. 4)Offerors shall demonstrate that the tasks performed are ofa similar complexity to the work solicited under this solicitation. 5)Provide the following information for each project submitted: i)Project/Contract Name; ii)Project Description; iii)Dollar Amount of Contract; iv)Project Duration,which includes the original estimated completion date and the actual completion date;and v)Point of Contact and Telephone Number. (v.)Project Experience for Authentication Products and Services(Homeland Security Presidential Directive 12(HSPD-12)Only):All offers must be in compliance with guidance in National Institute of Standards and Technology(NIST)Special Publication (SP)800-63,OMB Memorandum 04-04: l (A)SIN 132-60a:Offerings must include policy-compliant agency setup, testing,credential issuance,subscriber customer service account management, revocation,and credential validation as part of the basic service.Technical evaluation criteria are- 1)Successful completion of Level 1 Credential Assessment-Include Assessment Report 2)Successful completion of applicable interoperability testing-Include Test Report (B)SIN 132-60b:Offerings must include policy-compliant agency setup, testing, identity proofing,credential issuance,subscriber customer service account management,revocation,and credential validation as part of the basic service.Technical evaluation criteria are- I)Successful completion of Level 2 Credential Assessment-Include Assessment Report 2)Successful completion of applicable interoperability testing-Include Test Report (C)SIN 132-60c:Offerings must include policy compliant ID proofing, Credential issuance,continued account management,revocation,and certificate validation as part of the basic service.Technical evaluation criteria are- I)Successful completion of Level 3 and 4 Credential Assessment-Include Page:167 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS Assessment Report 2)Access Certificates for Electronic Services(ACES)Security Certification and Accreditation(C&A)as a condition of obtaining and retaining approval to operate as a Certification Authority(CA)under the ACES Certificate policy and the GSA ACES Program.—Include Authorization to Operate (ATO)letter. 3)Common criteria for other Certification Authorities cross-certified by the Federal Bridge (D)SIN 132-60d:Offerings must be- 1)Listed on GSA's Federal Information Processing Standards(FIPS)201 Approved Products List. 2)Crypto Modules must be FIPS 140-2 validated. (E)SIN 132-60e:Offerings must include precursor services such as bulk load, testing,identity proofing,credential issuance,subscriber customer service account management,revocation,and credential validation as part of the basic service. Also includes translation and validation services,and partial services such as 3rd-party identity proofing or secure hosting.'technical evaluation criteria are- 1)Demonstrated compliance with NIST SP 800-63,as applicable to the technologies being utilized by the offeror. 2)Compliance with published E-Authentication architecture,verified by a clearance letter from GSA's Office of Governmentwide Policy. (F)SIN 132-60F.Technical evaluation criteria are- 1)Documented experience with deployment of policy-compliant Identity and Access Management(IAM)projects in Government agencies.This includes IAM technologies and standards,including Security Assertion Markup Language(SAML),Public Key Infrastructure(PKI)and the Web Services(WS)-Federation specification.Offerors should describe in detail their competencies when proposing under this SIN. (5)Factor 5-ORAL TECHNICAL EVALUATION:See SCP-FSS-004.Offerors proposing services under SIN 132-45A Penetration Testing,SIN 132-45B Incident Response,SIN 132-45C Cyber Hunt,and/or SIN 132-45D Risk and Vulnerability Assessments additional requirements are: ORAL TECHNICAL EVALUATION OVERVIEW:Offeror shall participate in an oral technical evaluation that will be conducted by a Technical Evaluation Board(TEB).The oral technical evaluation will be held at the unclassified level and will be scheduled by the TEB.The oral technical evaluation will be used to assess the offeror's capability to successfully perform the services within the scope of each SIN as set forth in this solicitation. Offeror/Contractor shall review Factor 5 Oral Technical Evaluation Criteria in SCP-FSS-004 section(d)(11)(5)(iii)to this solicitation for details on the knowledge areas to be assessed in the evaluation and the criteria for a`Acceptable'or`Unacceptable'rating under this factor. (i)ORAL TECHNICAL EVALUATION CONSTRAINTS:The offeror shall identify up ^ to five key personnel,by name and association with the offeror,who will field questions during the oral technical evaluation.After opening remarks by the TEB,the offeror will Page: 166 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS respond to a series of questions and scenarios in 40 minutes per SIN.The evaluation will be stopped precisely after 40 minutes.The total evaluation session is expected to up to three(3)hours,depending on the number of SINS the offeror is proposing.The TEB Chairperson will be responsible for ensuring the schedule is met and that all offerors are given the same opportunity to present and answer questions. (ii)ORAL TECHNICAL EVALUATION SCHEDULING:The TEB will contact the offeror's authorized negotiator or the signatory of the SF 1449 via email to schedule the oral technical evaluation.Evaluation time slots will be assigned on a first-come-first-served basis.The Government reserves the right to reschedule any offeror's oral technical evaluation at its sole discretion.The oral technical evaluation will be held at facilities designated by the TEB.The exact location,seating capacity,and any other relevant information will be provided when the evaluations are scheduled.The government may make accommodations for vendors to participate in the oral evaluations virtually,if they are unable to participate in-person. (iii)PROHIBITION OF ELECTRONIC RECORDING OF THE ORAL TECHNICAL EVALUATION:The offeror may not record or transmit any of the oral evaluation process.All offeror's electronic devices shall be removed from the room during the evaluation.The offeror is permitted to have a timer in the room during the evaluation, provided by the TEB. (iv)RESUBMISSION RESTRICTIONS FOR UNSUCCESSFUL VENDORS UNDER THIS EVALUATION FACTOR:Offeror,whom the TEB has found to have not met the `'acceptable"criteria under this evaluation factor shall be given one(1)opportunity to provide clarifications to the TEB.The offeror will have 24 hours from the time of the notice from the TEB to provide clarifications.Offerors,who have provided clarifications and still have not met the"acceptable"criteria,shall be rejected and shall be ineligible to re-submit proposals to participate in the SIN for which they were rejected for a period of six(6)months following the date of rejection. Begin Regulation 1 CI-FSS-152-S ADDITIONAL EVALUATION FACTORS FOR SUCCESSFUL FSS PROGRAM CONTRACTORS UNDER SCHEDULE 70(OCT 2015) (a)The Government will consider award to an offeror who has been determined to be responsible, whose offer conforms to all solicitation requirements,who is determined technically acceptable,who has acceptable past performance,and whose prices are determined fair and reasonable. (b)All technical evaluation factors will be reviewed,evaluated,and rated acceptable or unacceptable based on the criteria listed below.Award will be made on a SIN-by-SIN basis.A rating of "unacceptable"under any technical evaluation factor,by SIN,will result in an"unacceptable"rating overall for that SIN,and that SIN will be rejected.Offers determined unacceptable for all proposed SIN(s)will be rejected. I.TECHNICAL EVALUATION FACTORS: Page:169 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (1)Quality Control:See SCP-FSS-001-S (2)Past Performance:See SCP-FSS-001-5 H.PRICE PROPOSAL FACTOR: See SCP-FSS-001-S and SCP-FSS-004. Begin Regulation F-FSS-230 DELIVERIES TO THE U.S. POSTAL SERVICE (JAN 1994) (a)Applicability.This clause applies to orders placed for the U.S.Postal Service(USPS)and accepted by the Contractor for the delivery of supplies to a USPS facility(consignee). (b)Mode/Method of Transportation. Unless the Contracting Officer grants a waiver of this requirement, any shipment that meets the USPS requirements for mailability(i.e.,70 pounds or less,combined length and girth not more than 108 inches,etc.)delivery shall be accomplished via the use of the USPS. Other commercial services shall not be used, but this does not preclude the Contractor from making delivery by the use of the Contractor's own vehicles. (c)Time of Delivery.Notwithstanding the required time for delivery to destination as may be specified elsewhere in this contract,if shipments under this clause are mailed not later than five(5)calendar days before the required delivery date,delivery shall be deemed to have been made timely. Begin Regulation F-FSS-736-A EXPORT TRAFFIC RELEASE(OCT 1988) Supplies ordered by GSA for export will not be shipped by the Contractor until shipping instructions are �J received from GSA.To obtain shipping instructions,the Contractor shall forward completed copies of GSA Form 1611,Application for Shipping Instructions and Notice of Availability,to the GSA office designated on the purchase order at least 15 days prior to the anticipated shipping date.Copies of GSA Form 1611 will be furnished to the Contractor with the purchase order.Failure to comply with this requirement could result in nonacceptance of the material by authorities at the port of exportation. When supplies for export are ordered by other Government agencies the Contractor should obtain shipping instructions from the ordering agency. Begin Regulation G-FSS-900-C CONTACT FOR CONTRACT ADMINISTRATION (JUL 2003) Offerors should complete paragraphs(a)and(b)if providing both domestic and overseas delivery.Complete paragraph(a)if providing domestic delivery only.Complete paragraph(b)if providing overseas delivery only. The Contractor shall designate a person to serve as the contract administrator for the contract both domestically and overseas.The contract administrator is responsible for overall compliance with contract terms and conditions.The contract administrator is also the responsible official for issues concerning 552.238-74, Industrial Funding Fee and Sales Reporting(JUL 2003),including reviews of contractor records. The Contractor's designation of representatives to handle certain functions under this contract does not relieve the contract administrator of responsibility for contract compliance.Any changes to the designated individual must be provided to the Contracting Officer in writing,with the proposed effective date of the change Page:170 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (a)Domestic: NAME "TITLE ADDRESS ZIP CODE TELEPHONE NO. FAX NO. E-MAIL ADDRESS (b)Overseas:Overseas contact points are mandatory for local assistance with the resolution of any delivery,performance,or quality complaint from customer agencies.(Also,see the requirement in -FSS-594,Parts and Service.)At a minimum,a contact point must be furnished for each area in which deliveries are contemplated,e.g., Europe,South America,Far East,etc. NAME TITLE ADDRESS ZIP CODE TELEPHONE NO. FAX NO. ti E-MAIL ADDRESS Begin Regulation G-FSS-906 VENDOR MANAGED INVENTORY (VMI) PROGRAM (MAS)(JAN 1999) (a)The term"Vendor Managed Inventory"describes a system in which the Contractor monitors and maintains specified inventory levels for selected items at designated stocking points.VMI enables the Contractor to plan production and shipping more efficiently. Stocking points benefit from reduced inventory but steady stock levels. (b)Contractors that commercially provide a VMI-type system may enter into similar partnerships with customers under a Blanket Purchase Agreement. Begin Regulation G-FSS-907 ORDER ACKNOWLEDGEMENT(APR 1984) Contractors shall acknowledge only those orders which state"Order Acknowledgement Required."These orders shall be acknowledged within 10 days after receipt.Such acknowledgement shall be sent to the activity placing the order and contain information pertinent to the order,including the anticipated delivery date. Begin Regulation Page:171 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS I-FSS-106 GUARANTEED MINIMUM(JUL 2003) r The minimum that the Government agrees to order during the period of this contract is$2,500. If the Contractor receives total orders for less than$2,500 during the term of the contract,the Government will pay the difference between the amount ordered and$2,500. (a)Payment of any amount due under this clause shall be contingent upon the Contractor's timely submission of GSA Form 72A reports(see GSAR 552.238-74"Industrial Funding Fee and Sales Reporting")during the period of the contract and receipt of the close-out sales report pursuant to GSAR 552.238-74. (b)The guaranteed minimum applies only if the contract expires or contract cancellation is initiated by the Government. The guaranteed minimum does not apply if the contract is terminated for cause or if the contract is canceled at the request of the Contractor. Begin Regulation 1-FSS-108 CLAUSES FOR OVERSEAS COVERAGE(MAY 2000) The following clauses apply to overseas coverage. 52.214-34 Submission of Offers in the English language 52.214-35 Submission of Offers in U.S.Currency 52.247-34 FOB Destination 52.247-38 FOB Inland Carrier,Country of Exportation 52.247-39 FOB Inland Point,Country of Importation C-FSS-412 Characteristics of Electric Current1 D-FSS-471 Marking and Documentation Requirements Per Shipment D-FSS-477 Transshipments F-FSS-202-F Delivery Prices I-FSS-314 Foreign Taxes and Duties I-FSS-594 Parts and Service Begin Regulation I-FSS-109 ENGLISH LANGUAGE AND U.S.DOLLAR REQUIREMENTS(MAR 1998) (a)All documents produced by the Contractor to fulfill requirements of this contract including,but not limited to,Federal Supply Schedule catalogs and pricelists,must reflect all terms and conditions in the English language. (b)U.S.dollar equivalency, if applicable,will be based on the rates published in the"Treasury Reporting Rates of Exchange"in effect as of the date of the agency's purchase order or in effect during the time period specified elsewhere in this contract. Begin Regulation I-FSS-140-B URGENT REQUIREMENTS(JAN 1994) When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering agency,agencies are encouraged,if time permits,to contact the Contractor for the purpose of obtaining accelerated delivery.The Contractor shall reply to the inquiry within 3 workdays `. Page: 172 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS after receipt.(Telephonic replies shall be confirmed by the Contractor in writing.)If the Contractor offers an accelerated delivery time acceptable to the ordering agency,any order(s)placed pursuant to the agreed upon 1� accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract. Begin Regulation I-FSS-163 OPTION TO EXTEND THE TERM OF THE CONTRACT (EVERGREEN)(APR 2000) (a)The Government may require continued performance of this contract for an additional 5 year period when it is determined that exercising the option is advantageous to the Government considering price and other factors..The option clause may not be exercised more than three times.When the option to extend the term of this contract is exercised the following conditions are applicable: (1)It is determined that exercising the option is advantageous to the Government considering price and the other factors covered in(2 through 4 below). (2)The Contractor's electronic catalog/pricelist has been received,approved,posted,and kept current on GSA Advantage!®in accordance with clause I-FSS-600,Contract Price Lists. (3)Performance has been acceptable under the contract. (4)Subcontracting goals have been reviewed and approved. (b)The Contracting Officer may exercise the option by providing a written notice to the Contractor within 30 days,unless otherwise noted,prior to the expiration of the contract or option. - (c)When the Government exercises its option to extend the term of this contract,prices in effect at the time the option is exercised will remain in effect during the option period,unless an adjustment is made in accordance with another contract clause(e.g.,Economic Price Adjustment Clause or Price Reduction Clause). Begin Regulation 1-FSS-40 CONTRACTOR TEAM ARRANGEMENTS(JUL 2003) Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with contract clause 552.238-74,Industrial Funding Fee and Sales Reporting,i.e.,each contractor(team member)must report sales and remit the IFF for all products and services provided under its individual contract. Begin Regulation I-FSS-50 PERFORMANCE REPORTING REQUIREMENTS(FEB 1995) (a)This clause applies to all contracts estimated to exceed$100,000, (b)Unless notified otherwise in writing by the Contracting Officer,the Contractor may assume contract performance is satisfactory. (c)If negative performance information is submitted by customer agencies,the Contracting Officer will notify the Contractor in writing and provide copies of any complaints received.The Contractor will Page:173 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS have 30 calendar days from receipt of this notification to submit a rebuttal and/or a report of corrective actions taken. Begin Regulation 1-FSS-597 GSA ADVANTAGE!®(OCT 2014) (a)The Contractor must participate in the GSA Advantage!®online shopping service.Information and instructions regarding contractor participation are contained in clause I-FSS-599,Electronic Commerce. (b)The Contractor also should refer to contract clauses 552.238-71,Submission and Distribution of Authorized GSA Schedule Pricelists(which provides for submission of pricelists on a common-use electronic medium),I-FSS-600,Contract Pricelists(which provides information on electronic contract data),and 552.238-81,Modifications(Federal Supply Schedule),(which addresses electronic file updates). Note: Regulation I-FSS-597 Universal Product Codes(UPCs) The current requirement is for vendors to submit at least one UPC per qualifying SIN.A ,listing of which SINS require mandatory UPC submission by going to the Vendor Support Center at vsc.gsa.gov and following this path: Getting on Advantage»Lookup Tables (under Documentation)»Schedules SINJMOLJPhotoJUPC. The direct link is:https://vsc.gsa.gov/lookup/sin_mol.cfm.The UPC will be a critical component of the upcoming Formatted Price List(FPL)portion of the EAS project. It will allow for easy product comparisons and validation. UPCs are the most reliable way to group the same products together to facilitate comparisons of best value. In addition,it will improve the quality of product data and the general system experience for all users.Any calls to the CO/CS,from vendors about UPC issues,should be referred to the Vendor Support Center at(877)495-4849.The VSC will provide the vendor guidance on issues for submitting UPCs,what to do if you do not have a UPC,exclusions,troubleshooting etc. Begin Regulation I-FSS-599 ELECTRONIC COMMERCE—FACNET(SEP 2006) (a)General Background. The Federal Acquisition Streamlining Act(FASA)of 1994 establishes the Federal Acquisition Computer Network(FACNET)requiring the Government to evolve its acquisition process from one driven by paperwork into an expedited process based on electronic commerce/electronic data interchange(EC/EDI).EC/EDI means more than merely automating manual processes and eliminating paper transactions.It can and will help to move business processes(e.g.,procurement,finance, logistics,etc.)into a fully electronic environment and fundamentally change the way organizations operate. (b)Trading Partners and Value-Added Networks(VAN's). Page:174 of 224 MS-M-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS Within the FACNET architecture,electronic documents(e.g.,orders,invoices,etc.)are carried between the Federal Government's procuring office and contractors(now known as"trading partners").These transactions are carried by commercial telecommunications companies called Value-Added Networks (VAN's). EDI can be done using commercially available hardware,software,and telecommunications.The selection of a VAN is a business decision contractors must make.There are many different VAN's which provide a variety of electronic services and different pricing strategies.If your VAN only provides communications services,you may also need a software translation package. (c)Registration Instructions. DOD will require Contractors to register as trading partners to do business with the Government.This policy can be reviewed via the INTERNET at http://www.defensel ink.m it/releases/1999/bO3O l l999_btO79-99.htm 1. To do EDI with the Government,Contractors must register as a trading partner.Contractors will provide regular business information,banking information,and EDI capabilities to all agencies in this single registration.A central repository of all trading partners,called the Central Contractor Registration(CCR)http://www.ccr.gov/,has been developed.All Government procuring offices and other interested parties will have access to this central repository.The database is structured to identify the types of data elements which are public information and those which are confidential and not releasable. To register,contractors must provide their Dun and Bradstreet(DUNS)number.The DUNS number is available by calling 1(800)333-0505. It is provided and maintained free of charge and only takes a few minutes to obtain.Contractors will need to provide their Tax Identification Number(TIN).The TIN is assigned by the Internal Revenue Service by calling 1(800)829-1040.Contractors will also be required to provide information about company bank or financial institution for electronic funds transfer(EFT). Contractors may register through on-line at http://www.ccr.gov/or through their Value Added Network (VAN)using an American National Standards Institute(ANSI)ASC X 12 838 transaction set,called a ""Trading Partner Profile."A transaction set is a standard format for moving electronic data.VAN's will be able to assist contractors with registration. (d)Implementation Conventions. All EDI transactions must comply with the Federal Implementation Conventions(IC's). Many VAN's and software providers have already built the IC requirements into their products.If you need to see the IC's,they are available on a registry maintained by the National Institute of Standards and Technology (NIST). It is accessible via the INTERNET at http://www.iti.nist.gov/lab/csl-pubs.htm. IC's are available for common business documents such as Purchase Order,Price Sales Catalog,Invoice, Request for Quotes,etc. (c)Additional Information. GSA has additional information available for vendors who arc interested in starting to use EC/EDI. Contact the Contracting Officer for a copy of the latest handbook.Several resources are available to vendors to assist in implementing EC/EDI;specific addresses are available in the handbook or from the Contracting Officer: (1)Electronic Commerce Resource Centers(ECRC's)are a network of U.S. Government-sponsored centers that provide EC/EDI training and support to the contractor community.They are found in over a dozen locations around the country. (2)Procurement Technical Assistance Centers(P'I'AC's)and Small Business Development Centers(SBDC's)provide management assistance to small business owners.Each state has several locations. Page: 175 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (3)Most major US cities have an EDI user group of companies who meet periodically to share information on EDI-related subjects. (f)GSA Advantage! (1)GSA Advantage!®will use this FACNET system to receive catalogs,invoices and text messages;and to send purchase orders,application advice,and functional acknowledgments. GSA Advantage!®enables customers to: (i)Perform database searches across all contracts by manufacturer;manufacturer's model/pan number;vendor;and generic product categories. (ii)Generate their own EDI delivery orders to contractors,generate EDI delivery orders from the Federal Supply Service to contractors,or download files to create their own delivery orders. (iii)Use the Federal IMPAC VISA. (2)GSA Advantage!9 may be accessed via the GSA Home Page.The INTERNET address is: http://www.gsa.gov,or http://www.fss.gsa.gov. Begin Regulation I-FSS-60 PERFORMANCE INCENTIVES(APR 2000) (a)Performance incentives may be agreed upon between the contractor and the ordering office on individual orders or Blanket Purchase Agreements under this contract in accordance with this clause. (b)The ordering office must establish a maximum performance incentive price for these services and/or total solutions,on individual orders or Blanket Purchase Agreements. (c)Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable,ordering offices shall consider establishing incentives where performance is critical to the agency's mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. Begin Regulation (Hotc This issnFssrcproducuan using word pmussingwflw=)STANDARD FORM 1449 (10-95)(BACK) I-FSS-600 CONTRACT PRICE LISTS(OCT 2016) (a)Electronic Contract Data. (1)At the time of award,the Contractor will be provided instructions for submitting electronic contract data in a prescribed electronic format as required by clause 552.238-71,Submission and Distribution of Authorized FSS Schedule Price Lists. (2)The Contractor will have a choice to transmit its file submissions electronically through Electronic Data Interchange(EDI)in accordance with the Federal Implementation Convention (IC)or use the application made available at the time of award.The Contractor's electronic files must be complete;correct;readable;virus-free;and contain only those supplies and services, prices,and terms and conditions that were accepted by the Government.They will be added to GSA's electronic ordering system known as GSA Advantage!®,a menu-driven database system that provides on-line access to contract ordering information,terms and conditions,up-to-date Page:176 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS pricing,and the option to create an electronic order.The Contractor's electronic files must be received no later than 30 days after award_Contractors should refer to clause I-FSS-597,GSA Advantage!®for further information. (3)Further details on EDI,ICs,and GSA Advantage!®can be found in clause 1-FSS-599, Electronic Commerce. (4)The Contractor is encouraged to place the GSA identifier(logo)on their web site for those supplies or services covered by this contract.The logo can link to the contractor's Federal Supply Schedule price list.The identifier URL is located at http://www.gsa.gov/logos.All resultant"web price lists"shown on the contractor's web site must be in accordance with section(b)(3)(ii)of this clause and nothing other than what was accepted/awarded by the Government)may be included. If the contractor elects to use contract identifiers on its website(either logos or contact number)the website must clearly distinguish between those items awarded on the contract and any other items offered by the contractor on an open market basis. (5)The contractor is responsible for keeping all electronic catalogs data up to date;e.g.,prices, product deletions and replacements,etc. (b)Federal_Supply Schedule Price Lists. (1)The Contractor must also prepare and distribute a Federal Supply Schedule Price List as required by clause 552.238-71,Submission and Distribution of Authorized FSS Schedule Price Lists.This must be done as set forth in this paragraph(b). (2)The Contractor must prepare a Federal Supply Schedule Price List by either: (i)Using the commercial catalog,price list,schedule,or other document as accepted by the Government,showing accepted discounts,and obliterating all items,terms,and conditions not accepted by the Government by lining out those items or by a stamp across the face of the item stating"NOT UNDER CONTRACT"or"EXCLUDED";or (ii)Composing a price list in which only those items,terms,and conditions accepted by the Government are included,and which contain only net prices,based upon the commercial price list less discounts accepted by the Government.In this instance,the Contractor must show on the cover page the notation"Prices Shown Herein are Net(discount deducted)". (3)The cover page of the Federal Supply Schedule Price List must include the following information prepared in the format set forth in this subparagraph(b)(3): (i)GENERAL SERVICES ADMINISTRATION Federal Supply Service Authorized Federal Supply Schedule Price List On-line access to contract ordering information,terms and conditions,up-to-date pricing, and the option to create an electronic delivery order are available through GSA Advantage!@,a menu-driven database system.The INTERNET address GSA Advantage%is:GSAAdvantage.gov. Schedule Title FSC Group,Part,and Section or Standard Industrial Group(as applicable) FSC Class(es)/Product code(s)and/or Service Codes(as applicable) Contract number For more information on ordering from Federal Supply Schedules click on the FSS Schedules button at fss.gsa.gov. _ Contract period. Contractor's name,address,and phone number(include toll-free WATS number and FAX number,ifapplicable) Page:177 of 224 FCIS-JB-980001-B Refresh. 41 Part II-CONTRACT TERMS AND CONDITIONS Contractor's internet address/web site where schedule information can be found(as applicable).Contract administration source(if different from preceding entry). Business size. (ii)CUSTOMER INFORMATION:The following information should be placed under this heading in consecutively numbered paragraphs in the sequence set forth below.If this information is placed in another part of the Federal Supply Schedule Price List,a table of contents must be shown on the cover page that refers to the exact location of the information. 1 a.Table of awarded special item number(s)with appropriate cross-reference to item descriptions and awarded price(s). 1 b.Identification of the lowest priced model number and lowest unit price for that model for each special item number awarded in the contract.This price is the Government price based on a unit of one,exclusive of any quantity/dollar volume, prompt payment,or any other concession affecting price.Those contracts that have unit prices based on the geographic location of the customer,should show the range of the lowest price,and cite the areas to which the prices apply. Ic.If the Contractor is proposing hourly rates,a description of all corresponding commercial job titles,experience,functional responsibility and education for those types of employees or subcontractors who will perform services shall be provided. If hourly rates are not applicable,indicate"Not applicable"for this item. 2. Maximum order. 3. Minimum order. 4.Geographic coverage(delivery area). 5. Point(s)of production(city,county,and State or foreign country). 6. Discount from list prices or statement of net price. 7.Quantity discounts. 8. Prompt payment terms.Note:Prompt payment terms must be followed by the statement"Information for Ordering Offices:Prompt payment terms cannot be negotiated out of the contractual agreement in exchange for other concessions." 9a.Notification that Government purchase cards are accepted at or below the micro-purchase threshold. 9b.Notification whether Government purchase cards are accepted or not accepted above the micro-purchase threshold. 10.Foreign items(list items by country of origin). 1 I a.Time of delivery.(Contractor insert number of days.) I 1 b.Expedited Delivery.The Contractor will insert the sentence"Items available for expedited delivery are noted in this price list."under this heading.The Contractor may use a symbol of its choosing to highlight items in its price lists that have expedited delivery. c.Overnight and 2-day delivery.The Contractor will indicate whether overnight �\ Page:178 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS and 2-day delivery are available.Also,the Contractor will indicate that the schedule customer may contact the Contractor for rates for overnight and 2-day delivery. 1 Id. Urgent Requirements.The Contractor will note in its price list the"Urgent Requirements"clause of its contract and advise agencies that they can also contact the Contractor's representative to effect a faster delivery. 12.F.O.B.point(s). 13a.Ordering address(es). 13b.Ordering procedures: For supplies and services,the ordering procedures, information on Blanket Purchase Agreements(BPA's)are found in Federal Acquisition Regulation(FAR)8.405-3. 14. Payment address(es). 15. Warranty provision. 16. Export packing charges, if applicable. 17.Terms and conditions of Government purchase card acceptance(any thresholds above the micro-purchase level). 18.Terms and conditions of rental,maintenance,and repair(if applicable). 19.Terms and conditions of installation(if applicable). 20.Terms and conditions of repair parts indicating date of parts price lists and any discounts from list prices(if applicable). 20a.Terms and conditions for any other services(if applicable). 21.List of service and distribution points(if applicable). 22. List of participating dealers(if applicable). 23. Preventive maintenance(if applicable). 24a.Special attributes such as environmental attributes(e.g.,recycled content, energy efficiency,and/or reduced pollutants). 24b. If applicable,indicate that Section 508 compliance information is available on Electronic and Information Technology(EIT)supplies and services and show where full details can be found(e.g.contractor's website or other location.)The EIT standards can be found at:www.Scction508.gov/. 25.Data Universal Number System(DUNS)number. 26.Notification regarding registration in System for Award Management(SAM) database. (4)Amendments to Federal Supply Schedule Price Lists must include on the cover page the same information as the basic document plus the title"Supplement No.(sequentially numbered)"and the effective date(s)of such supplements. (5)Accuracy of information and computation of prices is the responsibility of the Contractor. Page:179 of 224 FCIS-JB-980001-6 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS NOTE:The obliteration discussed in subdivision(b)(2)(i)of this clause must be accomplished prior to the printing and distribution of the Federal Supply Schedule Price Lists. t (6)Inclusion of incorrect information will cause the Contractor to resubmit/correct and redistribute the Federal Supply Schedule Price List,and may constitute sufficient cause for Cancellation,applying the provisions of 52.212-4,Contract Terms and Conditions(paragraph (m),Termination for Cause),and application of any other remedies as provided by law—including monetary recovery. (7)In addition,one copy of the Federal Supply Schedule Price List must be submitted to the National Customer Service Center at:Email:schedules.infocenter@gsa.gov Telephone: 1 (800)488-3111 Note: Regulation I-FSS-600 In lieu of paragraph(b)(7)of I-FSS-600,one copy of the Federal Supply Schedule Price List must be submitted electronically to: NCSCCustomer.Service@gsa.gov In the event that vendor elect to submit an electronic copy,then send Federal Supply Schedule Price List to the following correct physical address: U.S.General Services Administration The Heartland Region, Region 6 2300 Main St. Kansas City,MO 64108 Begin Regulation I-FSS-639 CONTRACT SALES CRITERIA(MAR 2002) (a)A contract will not be awarded unless anticipated sales are expected to exceed$25,000 within the first 24 months following contract award,and are expected to exceed$25,000 in sales each 12-month period thereafter. (b)The Government may cancel the contract in accordance with clause 552.238-73,Cancellation, unless reported sales are at the levels specified in paragraph(a)above. Begin Regulation I-FSS-644 DEALERS AND SUPPLIERS(OCT 1988) When requested by the Contracting Officer,if other than the manufacturer,the offeror must submit prior to award of a contract,either(1)a letter of commitment from the manufacturer which will assure the offeror of a source of supply sufficient to satisfy the Government's requirements for the contract period,OR(2)evidence that the offeror will have an uninterrupted source of supply from which to satisfy the Government's requirements for the contract period. Begin Regulation I-FSS-646 BLANKET PURCHASE AGREEMENTS(MAY 2000) Page:180 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS Blanket Purchase Agreements(BPA's)can reduce costs and save time because individual orders and invoices are not required for each procurement but can instead be documented on a consolidated basis.The Contractor agrees to enter into BPA's with ordering activities provided that: (a)The period of time covered by such agreements shall not exceed the period of the contract including option year period(s); (b)Orders placed under such agreements shall be issued in accordance with all applicable regulations and the terms and conditions of the contract;and (c)BPAs may be established to obtain the maximum discount(lowest net price)available in those schedule contracts containing volume or quantity discount arrangements. Begin Regulation 1-FSS-680 DISSEMINATION OF INFORMATION BY CONTRACTOR(APR 1984) The Government will provide the Contractor with a single copy of the resulting Federal Supply Schedule. However,it is the responsibility of the Contractor to furnish all sales outlets authorized to participate in the performance of the contract with the terms,conditions,pricing schedule,and other appropriate information. Begin Regulation (row This Is an FSS mproducuon using word processing wflw=)STANDARD FORM 1449 (10-95)(BACK) I-FSS-969 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE ` AWARD SCHEDULE(OCT 2014)(ALTERNATE II—JUL 2016) Price adjustments include price increases and price decreases.Adjustments will be considered as follows: (a)Contractors shall submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reductions clause. (b)"there are two types of economic price adjustments(GPAs)possible under the Multiple Award Schedules(MAS)program for contracts not based on commercial catalogs or price lists as described below.Price adjustments may be effective on or after the first 12 months of the contract period on the following basis: (1)Adjustments based on escalation rates negotiated prior to contract award.Normally, when escalation rates are negotiated,they result in a Fixed price for the term of the contract.No separate contract modification will be provided when increases are based on negotiated escalation rates.Price increases will be effective on the 12-month anniversary date of the contract effective date,subject to paragraph(f),below. (2)Adjustments based on an agreed-upon market indicator prior to award.The market indicator,as used in this clause,means the originally released public index,public survey or other public-based market indicator.The market indicator shall be the originally released index,survey or market indicator,not seasonally adjusted,published by the[to be negotiated],and made available at[to be identifiedl.Any price adjustment shall be based on the percentage change in the designated(i.e.indicator identification and date)market indicator from the initial award to the latest available as of the anniversary date of the contract effective date,subject to paragraph(e), below. If the market indicator is discontinued or deemed no longer available or reliable by the Government,the Government and the Contractor will mutually agree to a substitute.The contract Page: 181 of 224 FCIS-JB-980001-8 Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS modification reflecting the price adjustment will be effective upon approval by the Contracting Officer,subject to paragraph(g),below. (c)Notwithstanding the two economic price adjustments discussed above,the Government recognizes the potential impact of unforeseeable major changes in market conditions. For those cases where such changes do occur,the contracting officer will review requests to make adjustments,subject to the Government's examination of industry-wide market conditions and the conditions in paragraph(d)and (e), below. If adjustments are accepted,the contract will be modified accordingly.The determination of whether or not extra-ordinary circumstances exist rests with the contracting officer.The determination of an appropriate mechanism of adjustment will be subject to negotiations. (d)Conditions of Price change requests under paragraphs b(2)and c above: (1)No more than three increases will be considered during each succeeding 12-month period of the contract.(For succeeding contract periods of less than 12 months,up to three increases will be considered subject to the other conditions of subparagraph(b)). (2)Increases are requested before the last 60 days of the contract period,including options. (3)At least 30 days elapse between requested increases. (4)In any contract period during which price increases will be considered,the aggregate of the increases during any 12-month period shall not exceed 10 percent(10%)of the contract unit price in effect at the end of the preceding 12-month period.The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change. (c)The following material shall be submitted with request for a price increase under paragraphs b(2) and a above: (1)A copy of the index,survey or pricing indicator showing the price increase and the effective date. (2)Any other documentation requested by the Contracting Officer to support the reasonableness of the price increase. (f)The Government reserves the right to exercise one of the following options: (1)Accept the Contractor's price increases as requested when all conditions of(b),(c),(d),and (e)of this clause are satisfied; (2)Negotiate more favorable prices when the total increase requested is not supported;or, (3)Decline the price increase when the request is not supported.The Contractor may remove the item(s)from contract involved pursuant to the Cancellation Clause of this contract. (g)Effective Date of Increases:The increased contract prices shall apply to orders issued to the Contractor on or after the effective date of the contract modification. Note: Regulation I-FSS-969 This clause applies only to vendors participating in the TDR Pilot. Begin Regulation 1-FSS-969 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE AWARD Page:182 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS SCHEDULE(OCT 2014) Price adjustments include price increases and price decreases. Adjustments will be considered as follows: (a)Contractors shall submit price decreases anytime during the contract period in which they occur. Price decreases will be handled in accordance with the provisions of the Price Reduction Clause. (b)There are two types of economic price adjustments(BPAs)possible under the Multiple Award Schedules(MAS)program for contracts not based on commercial catalogs or price lists as described below. Price adjustments may be effective on or after the first 12 months of the contract period on the following basis: (1)Adjustments based on escalation rates negotiated prior to contract award.Normally,when escalation rates are negotiated,they result in a fixed price for the term of the contract.No separate contract modification will be provided when increases are based on negotiated escalation rates. Price increases will be effective on the 12-month anniversary date of the contract effective date, subject to paragraph(0,below. (2)Adjustments based on an agreed-upon market indicator prior to award.The market indicator, as used in this clause,means the originally released public index,public survey or other public, based market indicator.The market indicator shall be the originally released index,survey or market indicator,not seasonally adjusted,published by the[to be negotiated],and made available at[to be identified].Any price adjustment shall be based on the percentage change in the designated(i.e. indicator identification and date)market indicator from the initial award to the latest available as of the anniversary date of the contract effective date,subject to paragraph(e), below. If the market indicator is discontinued or deemed no longer available or reliable by the Government,the Government and the Contractor will mutually agree to a substitute.The contract modification reflecting the price adjustment will be effective upon approval by the Contracting Officer,subject to paragraph(g),below.The adjusted prices shall apply to orders issued to the Contractor on or after the effective date of the contract modification. (c)Nothwithstanding the two economic price adjustments discussed above,the Government recognizes the potential impact of unforeseeable major changes in market conditions. For those cases where such changes do occur,the contracting officer will review requests to make adjustments,subject to the Government's examination of industry-wide market conditions and the conditions in paragraph(d)and (e),below. If adjustments are accepted,the contract will be modified accordingly. The determination of whether or not extra-ordinary circumstances exist rests with the contracting officer.The determination of an appropriate mechanism of adjustment will be subject to negotiations. (d)Conditions of Price change requests under paragraphs b(2)and c above.: (1)No more than three increases will be considered during each succeeding 12-month period of the contract.(For succeeding contract periods of less than 12 months,up to three increases will be considered subject to the other conditions of subparagraph(b)). (2)Increases are requested before the last 60 days of the contract period,including options. (3)At least 30 days elapse between requested increases. (4)In any contract period during which price increases will be considered,the aggregate of the increases during any 12-month period shall not exceed 10 percent(10%)of the contract unit price in effect at the end of the preceding 12-month period.The Government reserves the right to raise the ceiling when market conditions during the contract period support such a change. (c)The following material shall be submitted with request for a price increase under paragraphs b(2) and c above: Page:183 of 224 FCIS-JB-980001-B Refresh: 41 Part II-CONTRACT TERMS AND CONDITIONS (1)A copy of the index,survey or pricing indicator showing the price increase and the effective date. (2)Commercial Sales Practice format,per contract clause 52.215-21 Alternate IV,demonstrating the relationship of the Contractor's commercial pricing practice to the adjusted pricing proposed or a certification that no change has occurred in the data since completion of the initial negotiation or a subsequent submission. (3)Any other documentation requested by the Contracting Officer to support the reasonableness of the price increase. (f)The Government reserves the right to exercise one of the following options: (1)Accept the Contractor's price increases as requested when all conditions of(b),(c),(d),and (e)of this clause are satisfied; (2)Negotiate more favorable prices when the total increase requested is not supported;or, (3)Decline the price increase when the request is not supported.The Contractor may remove the item(s)from contract involved pursuant to the Cancellation Clause of this contract. (g)Effective Date of Increases: No price increase shall be effective until the Government receives the electronic file updates pursuant to GSAR 552.238-81,Modifications(Federal Supply Schedule). (h)All MAS contracts remain subject to contract clauses GSAR 552.238-75,"Price Reductions";and 552.215-72,"Price Adjustment--Failure to Provide Accurate Information" In the event the application of an economic price adjustment results in a price less favorable to the Government than the price relationship established during negotiation between the MAS price and the price to the designated customer,the Government will maintain the price relationship to the designated customer. Note: Regulation I-FSS-969 This clause does NOT apply to vendors participating in the TDR Pilot. NOTE:THIS REGULATION FOR ECONOMIC PRICE ADJUSTMENT(EPA)IS FOR PRODUCTS AND/OR SERVICES THAT WERE AWARDED, BUT NOT BASED ON A COMMERCIAL CATALOG PRICE. Page:184 of 224 FCIS-JB-980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS Part III - VENDOR INSTRUCTIONS END USER LICENSE AGREEMENTS(EULA)AND TERMS OF SERVICE(TOS)AGREEMENTS FOR SOFTWARE USE In order to facilitate GSAs review and negotiation of each individual set of terms for compliance with Federal Law,or loss of business that occurs when the terms are added on Schedule unmodified and ordering activities later decline to place an order because of non-compliant terms,vendors are required to submit their End User License Agreements(EULAs)or Terms of Service(TOS)Agreements in editable formats for offers and modifications. Such submissions for software and hardware may help GSA avoid delays in reviewing and negotiating each individual agreement. "Click wrap"submissions or links to agreements are not acceptable. Vendors shall clearly define what additional products and services and prices are included with an End User License Agreements(EULAs)or Terms of Service(TOS)Agreements. Begin Regulation 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING(JUL 2015) (a)Definition.As used in this provision— Commercial and Government Entity(CAGE)code means— (1)An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency(DLA)Contractor and Government Entity(CAGE')Branch to identify a commercial or Government entity;or (2)An identifier assigned by a member of the North Atlantic Treaty Organization(NATO)or by the NATO Support Agency(NSPA)to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity(CAGE)Branch records and maintains in the CAGE master file."this type of code is known as an NCAGE code. (b)The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal.The CAGE code entered must be for that name and address. Enter "CAGE"before the number.The CAGE code is required prior to award. (c)CAGE codes may be obtained via— (1)Registration in the System for Award Management(SAM)at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGF code assigned,the DLA Contractor and Government Entity(CAGE)Branch will assign a CAGE code as a part of the SAM registration process.SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM(see paragraph(c)(3) of this provision). (2)The DLA Contractor and Government Entity(CAGE)Branch. If registration in SAM is not required for the subject procurement,and the offeror does not otherwise register in SAM,an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage welcome.asp. (3)The appropriate country codification bureau.Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity's country if that country is a member of NATO or a sponsored nation.NCAGE codes may be obtained from the NSPA if the foreign entity's country is not a member of NATO or a Page: 185 of 224 FCIS-JB-980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS sponsored nation. Points of contact for codification bureaus and NSPA,as well as additional information on obtaining NCAGE codes,are available at http://ww%v.dlis.dia.mil/nato/ObtainCAGE.asp. (d)Additional guidance for establishing and maintaining CAGE codes is available at http://www.diis.dla.mil/cagc—wcicome.asp. (e)When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p),the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government. (f)Do not delay submission of the offer pending receipt of a CAGE code. Begin Regulation 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: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a public(Federal,State,or local)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(if offeror checks "have",the offeror shall also see 52.209-7,if included in this solicitation);and (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 subdivision(a)(1)(i)(13)of this provision;and (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)"fhe 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 Page:186 of 224 FCIS-JB-980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS where enforced collection action is precluded. (2)Examples. (i)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"fax 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. §6320 entitling the taxpayer to request a hearing with the IRS Off ice 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.§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 I U.S.C.362(the Bankruptcy Code). (ii)"I'he 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 prosecution under 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 t 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 Page: 187 of 224 FCIS-JB-980001•B Refresh: 41 Part III-VENDOR INSTRUCTIONS possessed by a prudent person in the ordinary course of business dealing. (c)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. Begin Regulation 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS(JUL 2013) (a)Definitions. As used in this provision— Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability(e.g.,Securities and Exchange Commission Administrative Proceedings,Civilian Board of Contract Appeals Proceedings,and Armed Services Board of Contract Appeals Proceedings).This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits,site visits,corrective plans,or inspection of deliverables. Federal contracts and grants with total value greater than$10,000,000 means— (1)The total value of all current,active contracts and grants,including all priced options;and (2)The total value of all current,active orders including all priced options under indefinite-delivery,indefinite-quantity,8(a),or requirements contracts(including task and delivery and multiple-award Schedules). Principal 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). (b)The offeror has _does not have current active Federal contracts and grants with total value greater than$10,000,000. (c)If the offeror checked"has"in paragraph(b)of this provision,the offeror represents,by submission of this offer,that the information it has entered in the Federal Awardee Performance and Integrity Information System(FAPIIS)is current,accurate,and complete as of the date of submission of this offer with regard to the following information: (1)Whether the offeror,and/or any of its principals,has or has not,within the last five years,in connection with the award to or performance by the offeror of a Federal contract or grant,been the subject of a proceeding,at the Federal or State level that resulted in any of the following dispositions: (i)In a criminal proceeding,a conviction. (ii)In a civil proceeding,a finding of fault and liability that results in the payment of a monetary fine,penalty,reimbursement,restitution,or damages of$5,000 or more. (iii)In an administrative proceeding,a finding of fault and liability that results in— (A)The payment of a monetary fine or penalty of$5,000 or more;or (B)The payment of a reimbursement,restitution,or damages in excess of Page:188 of 224 FCIS-JB-980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS $100,000. y (iv)In a criminal,civil,or administrative proceeding,a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs(c)(1)(i), (c)(1)(ii),or(c)(1)(iii)of this provision. (2)If the offeror has been involved in the last five years in any of the occurrences listed in(c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d)The offeror shall post the information in paragraphs(c)(1)(i)through(c)(1)(iv)of this provision in FAPIIS as required through maintaining an active registration in System for Award Management database via htti2s://www.acquisition.gov(see 52.204-7). Begin Regulation 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS(OCT 2015) (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 the offeror 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 contact with telephone numbers and other relevant information);and Page:189 of 224 FCIS-JB-900001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS (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 and conditions 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 an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is"late"and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition;and-- (A)If it was transmitted through an electronic commerce method 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 for receipt of offers;or (B)There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control 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 favorable to the Government,will be considered at any time it is received and may be accepted. (3)Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of 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 at the Government office designated for receipt of offers by the 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 any time before the exact time set for Page:190 of 224 FCIS-JB-980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS receipt of offers.Oral offers 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 concerning facsimile offers.An offer may be withdrawn in person by an offeror or its authorized representative if,before the exact time set for receipt of offers,the identity of the person requesting withdrawal is established and the person signs 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 acceprany 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)Availability of requirements documents cited in the solicitation.(1)(i)The GSA Index of Federal Specifications,Standards and Commercial 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 standards may be downloaded from the following ASSIST websites: (i)ASSIS7'(https:Hassist.dia.mil/online/start/). (ii)Quick Search(http://quicksearch.dia.mil ). (iii)ASSIS7'docs.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:Hassist.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, Page:191 of 224 FCIS-JB-980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS PA 191 t 1-5094,Telephone(215)697-2667/2179,Facsimile(215)697-1462. (4)Nongovernment(voluntary)standards must be obtained from the organization responsible for their preparation,publication or maintenance. 0)Data Universal Numbering System(DUNS)Number.(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"DUNS"or"DUNS+4"followed by the DUNS or DUNS +4 number that identifies the offeror's name and address.The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer(EFT)accounts(see FAR Subpart 32.11) for the same concern.If the offeror does not have a DUNS number,it should contact Dun and Bradstreet directly to obtain one.An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webfonn.An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number.The offeror should indicate that it is an offeror for a U.S.Government contract when contacting the local Dun and Bradstreet office. (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. (1)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 rating of 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 model of the item to be delivered by the successful offeror. (6)Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation,applicable regulations,and other applicable authorities were followed by the agency. Begin Regulation 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE(APR 1991) Offers submitted in response to this solicitation shall be in the English language.Offers received in other than English shall be rejected. Page:192 of 224 FCIS-JB-980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS Begin Regulation 52.214-35 SUBMISSION OF OFFERS IN U.S.CURRENCY (APR 1991) Offers submitted in response to this solicitation shall be in terms of U.S.dollars.Offers received in other than U.S.dollars shall be rejected. Begin Regulation 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA(OCT 2010)(ALTERNATE IV—OCT 2010) (a)Submission of certified cost or pricing data is not required- (b)Provide data described below:[insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.J "Pricing information as described in SCP-FSS-001N,SCP-FSS-OOIS,SCP-FSS-004 and 552.212-70". Begin Regulation 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Fixed Price with Economic Price Adjustment,Indefinite-Delivery Indefinite-Quantity,with guaranteed minimum,multiple award schedule contract resulting from this solicitation_ Begin Regulation 52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS--COMMERCIAL ITEM ACQUISITION(FEB 2007) (a)The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation. (b)The offeror must specify fixed hourly rates in its offer that include wages,overhead,general and administrative expenses,and profit.The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by-- (1)The offeror; (2)Subcontractors;and/or (3)Divisions,subsidiaries,or affiliates of the offeror under a common control. Begin Regulation Page:193 of 224 FCIS-JB-980001-B Refresh. 41 Part III-VENDOR INSTRUCTIONS 52.222-24 PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW(FEB 1999) ~,,} If a contract in the amount of$10 million or more will result from this solicitation,the prospective Contractor �'1 and its known first-tier subcontractors with anticipated subcontracts of$10 million or more shall be subject to a preaward compliance evaluation by the Office of Federal Contract Compliance Programs(OFCCP),unless, within the preceding 24 months,OFCCP has conducted an evaluation and found the prospective Contractor and subcontractors to be in compliance with Executive Order 11246. Begin Regulation 52.222-48 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR MAINTENANCE,CALIBRATION,OR REPAIR OF CERTAIN EQUIPMENT CERTIFICATION (MAY 2014) (a)The offeror shall check the following certification: CERTIFICATION The offeror does does not certify that-- (])The items of equipment to be serviced under this contract are used regularly for other than Government purposes,and arc sold or traded by the offeror(or subcontractor in the case of an exempt subcontractor)in substantial quantities to the general public in the course of normal business operations; (2)The services will be furnished at prices which arc,or are based on,established catalog or �I market prices for the maintenance,calibration,or repair of equipment. l (i)An"established catalog price" is a price included in a catalog,price list,schedule,or other form that is regularly maintained by the manufacturer or the offeror,is either published or otherwise available for inspection by customers,and states prices at which sales currently,or were last,made to a significant number of buyers constituting the general public. (ii)An"established market price" is a current price,established in the usual course of trade between buyers and sellers free to bargain,which can be substantiated from sources independent of the manufacturer or offeror;and (3)The compensation(wage and fringe benefits)plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (b)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. If the offeror certifies to the conditions in paragraph(a)of this provision,and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3)that the Service Contract Labor Standards statute— (1)Will not apply to this offeror,then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror;or (2)Will apply to this offeror,then the clause at 52.222-51,Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,Calibration,or Repair of Certain er Equipment-Requirements,in this solicitation will not be included in any resultant contract awarded to this offeror,and the offeror may be provided an opportunity to submit a new offer on Page: 194 of 224 FCIS-JB-980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS that basis. e; (c)If the offeror does not certify to the conditions in paragraph(a)of this provision-- (1)The clause in this solicitation at 52.222-51,Exemption from Application of the Service Contract labor Standards to Contracts for Maintenance,Calibration,or Repair of Certain Equipment—Requirements,will not be included in any resultant contract awarded to this offeror; and (2)The offeror shall notify the Contracting Officer as soon as possible,if the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation. (d)The Contracting Officer may not make an award to the offeror,if the offeror fails to execute the certification in paragraph(a)of this provision or to contact the Contracting Officer as required in paragraph(c)of this provision. Begin Regulation 52.225-6 TRADE AGREEMENTS CERTIFICATE (MAY 2014) (a)The offeror certifies that each end product,except those listed in paragraph(b)of this provision,is a U.S.-made or designated country end product,as defined in the clause of this solicitation entitled "Trade Agreements." (b)The offeror shall list as other end products those supplies that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin (List as Necessary) (c)The Government will evaluate offers in accordance with the policies and procedures of Pan 25 of the Federal Acquisition Regulation.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 those products are insufficient to fulfill the requirements of this solicitation. Begin Regulation 52.233-2 SERVICE OF PROTEST(SEP 2006) (a)Protests,as defined in section 33.101 of the Federal Acquisition Regulation,that arc filed directly with an agency,and copies of any protests that are filed with the Government Accountability Office (GAO),shall be served on the Contracting Officer(addressed as follows)by obtaining written and -` dated acknowledgment of receipt from: Page:196 of 224 FCIS-JB-980001-8 Refresh: 41 Part III-VENDOR INSTRUCTIONS General Services Administration GSA/Federal Acquisition Service Center for IT Schedule Program Office of Integrated Technology Services ATTN:Contracting Officer 1800 F Street NW 4th Floor Washington,DC 20405 (b)The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. Begin Regulation 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): For contract provisions which are contained in the Federal Acquisition Regulation(FAR)the address is http://acquisition.gov/far. Number Title Clause/Provision 52.222-46 EVALUATION OF COMPENSATION Provision FOR PROFESSIONAL EMPLOYEES (FEB 1993) 52.225-25 PROHIBITION ON CONTRACTING Provision WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN- REPRESENTATION AND CERTIFICATIONS(OCT 2015) 52.237-1 SITE VISIT(APR 1984) Provision 552.252-5 AUTHORIZED DEVIATIONS IN Provision PROVISIONS(SEP 1999)(DEVIATION FAR 52.252-5) Begin Regulation 552.216-73 ORDERING INFORMATION(AUG 2010) (a)In accordance with the Placement of Orders clause of this solicitation,the offeror elects to receive orders placed by GSA's Federal Acquisition Service(FAS)by either facsimile transmission or computer-to-computer Electronic Data Interchange(EDI). (b)An offeror electing to receive computer-to-computer EDI is requested to indicate below the name, address,and telephone number of the representative to be contacted regarding establishment of an EDI interface. Page:196 of 224 FCIS-JB-980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS (c)An offeror electing to receive orders by facsimile transmission is requested to indicate below the telephone number(s)for facsimile transmission equipment where orders should be forwarded. (d)For mailed orders,the offeror is requested to include the postal mailing address(es)where paper form orders should be mailed. (e)Offerors marketing through dealers arc requested to indicate below whether those dealers will be participating in the proposed contract. YES NO If"yes"is checked,ordering infonmation to be inserted above shall reflect that in addition to offeror's name,address,and facsimile transmission telephone number,orders can be addressed to the offeror's name,c/o nearest local dealer. In this event,two copies of a list of participating dealers shall accompany this offer,and shall also be included in Contractor's Federal Supply Schedule pricelist. Begin Regulation 552.217-71 NOTICE REGARDING OPTION(S)(NOV 1992) The General Services Administration(GSA)has included an option to extend the term of the contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful offeror that performs at a level which meets or exceeds GSA's quality performance expectations as communicated to the Contractor,in writing,by the Contracting Officer or designated representative.When deciding whether to exercise the option,the Contracting Officer will consider the quality of the Contractor's past performance under this contract in accordance with 48 CFR 517.207. Begin Regulation 552.219-72 PREPARATION,SUBMISSION,AND NEGOTIATION OF SUBCONTRACTING PLANS(JAN 2016) (a)An offeror,other than a small business concern,submitting an offer that exceeds$700,000 (51,500,000 for construction)shall submit a subcontracting plan with its initial offer.The subcontracting plan will be negotiated concurrently with price and any required technical and management proposals,unless the offeror submits a previously-approved commercial products plan. (b)Maximum practicable utilization of small, HUBZone small,small disadvantaged,and women-owned,veteran-owned,and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits.The General Services Administration(GSA)expects that an offeror's subcontracting plan will reflect a commitment to assuring that small,HUBZone small,small disadvantaged,and women-owned,veteran-owned,and Page: 197 of 224 FCIS-JB•980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS service-disabled veteran owned small business concerns are provided the maximum practicable opportunity,consistent with efficient contract performance,to participate as subcontractors in the performance of the resulting contract.An offeror submitting a commercial products plan can reflect this commitment through subcontracting opportunities it provides that relate to the offeror's production generally;i.e.,for both its commercial and Government business. (c)GSA believes that this potential contract provides significant opportunities for the use of small, HUBZone small,small disadvantaged,and women-owned,veteran-owned,and service-disabled veteran owned small business concerns as subcontractors.Consequently,in addressing the eleven elements described at FAR 52.219-9(d)of the clause in this contract entitled Small Business Subcontracting Plan,the offeror shall: (1)Demonstrate that its subcontracting plan represents a creative and innovative program for involving small,HUBZone small,small disadvantaged,and women-owned,veteran-owned,and service-disabled veteran owned small business concerns in performing the contract. (2) Include a description of the offeror's subcontracting strategies used in any previous contracts, significant achievements,and how this plan will build upon those earlier achievements. (3)Demonstrate through its plan that it understands the small business subcontracting program's objectives and GSA's expectations,and it is committed to taking those actions necessary to meet these goals or objectives. (d)In determining the acceptability of any subcontracting plan,the Contracting Officer will take each of the following actions: (1)Review the plan to verify that the offeror demonstrates an understanding of the small business subcontracting program's objectives and GSA's expectations with respect to the program and has included all the information,goals,and assurances required by FAR 52.219-9. (2)Consider previous goals and achievements of contractors in the same industry. (3)Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small,HUBZone small, small disadvantaged,and women-owned,veteran-owned,and service-disabled veteran owned small business concerns. (4)Review the offeror's description of its strategies,historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small,small disadvantaged,and women-owned small business concerns.The offeror's description can apply to commercial as well as previous Government contracts. (e)Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award. Note: Regulation 552.219-72 For clause 552.219-72,the thresholds have been increased to$700,000($1.5 Million for construction). Begin Regulation 552.219-73 GOALS FOR SUBCONTRACTING PLAN(JUN 2005) (ALTERNATE I—JUN 2005) Page:198 of 224 FCIS-JB-960001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS (a)Maximum practicable utilization of small,HUBZone small,small disadvantaged,women-owned, veteran-owned,and service-disabled veteran owned d small business concerns as subcontractors is a y matter of national interest with both social and economic benefits. (I)The General Services Administration's(GSA's)commitment to ensuring that maximum practicable opportunity is provided to small, HUBZone small,small disadvantaged, women-owned,veteran-owned,and service-disabled veteran owned small business concerns to participate as subcontractors in the performance of this contract,consistent with its efficient performance,must be reflected in the offerors subcontracting plan submitted pursuant to the clause of this contract at FAR 52.219-9,Small Business Subcontracting Plan. (2)In addressing the eleven elements described at FAR 52.219-9(d),the offeror shall demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small,small disadvantaged,women-owned,veteran-owned,and service-disabled veteran owned small business concerns in performing this contract.An offeror submitting a commercial plan can demonstrate its commitment in providing maximum practicable opportunities through subcontracting opportunities it provides to small,HUBZone small,small disadvantaged,women-owned,veteran-owned,and service-disabled veteran owned small business concerns that relate to the offeror's production generally;i.e.,for both its commercial and Government business. (3)The subcontracting plan shall include a description of the offeror's subcontracting strategies used in previous contracts and significant achievements,with an explanation of how this plan will build upon those earlier achievements.Additionally,the offeror shall demonstrate through its plan that it understands the small business subcontracting program's objectives,GSA's expectations, and is committed to taking those actions necessary to meet these goals or objectives. (b)In determining the acceptability of any subcontracting plan,the Contracting Officer will— (1)Review the plan to verify that the offeror has demonstrated an understanding of the small business subcontracting program's objectives and GSA's expectations with respect to the programs and has included all the information,goals,and assurances required by FAR 52.219-9; (2)Consider previous goals and achievements of contractors in the same industry; (3)Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small,HUBZone small, small disadvantaged,women-owned,veteran-owned,and service-disabled veteran owned small business concerns;and (4)Review the offeror's description of its strategies,historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small,small disadvantaged,women-owned,veteran-owned,and service-disabled veteran owned small business concerns.The offeror's description can apply to commercial as well as previous Government contracts. (c)Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award. Begin Regulation 552.232-82 CONTRACTOR'S REMITTANCE(PAYMENT) ADDRESS(MAY 2003) (a)Payment by electronic funds transfer(EFT)is the preferred method of payment. However,under certain conditions,the ordering activity may elect to make payment by check.The offeror shall indicate Page:199 of 224 FCIS-JB-980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS below the payment address to which checks should be mailed for payment of proper invoices submitted under a resultant contract. PAYMENT ADDRESS � (b)Offeror shall furnish by attachment to this solicitation,the remittance(payment)addresses of all authorized participating dealers receiving orders and accepting payment by check in the name of the Contractor in care of the dealer, if different from their ordering address(es)specified elsewhere in this solicitation. If a dealer's ordering and remittance address differ,both must be furnished and identified as such. (c)All offerors are cautioned that if the remittance(payment)address shown on an actual invoice differs from that shown in paragraph(b)of this provision or on the attachment,the remittance address(es)in paragraph(b)of this provision or attached will govern.Payment to any other address, except as provided for through EFT payment methods,will require an administrative change to the contract. Note:All orders placed against a Federal Supply Schedule contract are to be paid by the individual ordering activity placing the order.Each order will cite the appropriate ordering activity payment address,and proper invoices should be sent to that address.Proper invoices should be sent to GSA only for orders placed by GSA.Any other ordering activity's invoices sent to GSA will only delay your payment. Begin Regulation 1 A-FSS-11 CONSIDERATION OF OFFERS UNDER STANDING SOLICITATION(JAN 2016) (a)This solicitation is a standing solicitation from which the Government contemplates award of contracts for supplies/services listed in the Schedule of Items.'I'his solicitation will remain in effect unless replaced by an updated solicitation. (b)There is no closing date for receipt of offers;therefore,offers may be submitted for consideration at any time. (c)An offer may be rejected if an offeror fails to meet timeframes established by the Contracting Officer either to address deficiencies in the offer or to submit a final proposal revision.A resubmission(s)is permitted;however,it may be rejected immediately if it is still deficient in the area(s)that caused its initial rejection. 0 Page:200 of 224 FCIS-JB-900001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS (d)Contracts awarded under this solicitation will be in effect for 5 years from the date of award,unless further extended,pursuant to clause I-FSS-163,Option to Extend the Term of the Contract(Evergreen), canceled pursuant to the Cancellation clause,or terminated pursuant to the termination provisions of the contract. Begin Regulation A-FSS-12-C PERIOD FOR ACCEPTANCE OF OFFERS(NOV 1997) Paragraph(c)of the provision 52.212-I,Instructions to Offerors—Commercial Items,is revised to read as follows:The offeror agrees to hold the prices in its offer firm for 180 calendar days from the date of the offer, within which offer may be accepted. Begin Regulation A-FSS-41 INFORMATION COLLECTION REQUIREMENTS AND HOURS OF OPERATION(NOV 1999) (a)"The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No.3090-0163." (b)"GSA's hours of operation are 8:00 a.m.to 4:30 p.m.Requests for preaward debriefings postmarked or otherwise submitted after 4:30 p.m. will be considered submitted the following business day. Requests for postaward debriefings delivered after 4:30 p.m.will be considered received and filed the following business day." Begin Regulation K-FSS-1 AUTHORIZED NEGOTIATORS(MAR 1998) The offeror shall,in the spaces provided below,fill in the names of all persons authorized to negotiate with the Government in connection with this request for proposals or quotations.(List the names,titles,telephone numbers and electronic mail addresses of the authorized negotiators.) NAMES& TELEPHONE ELECTRONIC MAIL TITLES NUMBERS ADDRESSES Begin Regulation L-FSS-101 FINAL PROPOSAL REVISION(JUN 2002) (a)Upon the conclusion of discussions the Contracting Officer will request a final proposal revision. Oral requests will be confirmed in writing. i Page:201 of 224 FCIS-JB-980001-B Refresh: 41 Part III-VENDOR INSTRUCTIONS (b)The request will include— (1)Notice that discussions are concluded; (2)Notice that this is the opportunity to submit a final proposal revision; (3)The specified cutoff date and time; (4)A statement that any modification proposed as a result of the final proposal revision must be received by the date and time specified and will be subject to the Late Submissions, Modifications,and Withdrawals of Proposals provision of this solicitation. (c)The Contracting Officer will not reopen discussions after receipt of final proposal revisions unless it is clearly in the interests of the Government to do so. If discussions are reopened,the Contracting Officer will issue an additional request for final proposal revision. (d)It is the Contracting Officer's desire to conclude negotiations by the specified cut-off date and time established in the request for final proposal revision.. Begin Regulation L-FSS-400 INTRODUCTION OF NEW SERVICES/PRODUCTS (INSP)(OCT 2014) FSS A/L FC-98-4 (a)Definition. Introduction of New Services/Products Special Item Number(INSP/SIN)means a new or improved service or product—within the scope of the Federal Supply Schedule,but not currently available under any Federal Supply Service contract—that provides a new service,function,task,or attribute that may provide a more economical or efficient means for Federal agencies to accomplish their mission. It may significantly improve an existing service or product.It may be a service or product existing in the commercial market,but not yet introduced to the Federal Government. (b)Offerors are encouraged to introduce new services or products via the Introduction of New Services/Products Special Item Number(INSP/SIN).A new or improved service or product can be offered at anytime.Offerors are requested to clearly identify the INSP/SIN item in the offer. (c)The Contracting Officer will evaluate and process the INSP/SIN offer.A technical review may be performed.Offerors may be required to demonstrate that the service or product can provide a more economical or efficient means for Federal agencies to accomplish their mission.The Contracting Officer has the sole discretion to determine whether a product or service will be accepted as an INSP/SIN item.The INSP/SIN provides temporary placement until the new service or product can be formally categorized. (d)If the Contractor has an existing Multiple Award Schedule contract,the Government may,at the sole discretion of the Contracting Officer,modify the existing contract to include the INSP/SIN item in accordance with 552.238-81,Modifications(Federal Supply Schedule). Note: Regulation L-FSS-400 M Begin Regulation 0 Page:202 of 224 FCIS-JB-980001-8 Refresh: 41 Part III-VENDOR INSTRUCTIONS L-FSS-59 AWARD(APR 1984) Until a formal notice of award is issued,no communication by the Government,whether written or oral,shall be interpreted as a promise that an award will be made. 0 Page:203 of 224 FCIS-JB-980001-B Refresh: 41 Pan IV-EVALUATION FACTORS FOR CONTRACT AWARD Part IV - EVALUATION FACTORS FOR CONTRACT AWARD INSTRUCTIONS FOR SUBMITTING AN OFFER AFTER YOUR PREVIOUS CONTRACT HAD BEEN CANCELLED OR ALLOWED TO EXPIRE DUE TO LOW OR NO SALES: If you are a previous GSA Schedule contractor under Schedule 70,and your contract has been cancelled or an option not exercised due to low or no sales(in accordance with Clause I-FSS-639,Contract Sales Criteria),you must wait at least 12 months from the date of cancellation or expiration of your previous Schedule Contract before submitting another offer under this schedule. You may resubmit another offer under this Schedule prior to the 12 month waiting period;however you must meet additional requirements.Any offer submitted without the additional requirements,prior to the completion of the 12 month waiting period will be automatically rejected. To be considered for contract award within 12 months after having a previous Schedule 70 contract cancelled or expired due to low or no sales,you must: (1)include a copy of the cancellation letter or notification of determination not to exercise an option, (2)demonstrate current federal sales in excess of$25,000,as evidenced by copies of contractual documents that identify the federal entity and the date and value of the product or services provided, (3)be able to demonstrate that there is a reasonable expectation that any future award will comply with Clause I-FSS-639,Contract Sales Criteria, (4)provide a marketing plan detailing the steps you plan to take to generate sales through a new GSA Schedule contract,and (5)submit a copy of the certificate stating that one of your current employees,who is an authorized negotiator for this offer,has completed the'Pathway to Success'training within the past year. Acceptance and satisfactory completion of the additional requirements is at the sole discretion of the Contracting Officer. INSTRUCTIONS FOR SUBMITTING AN OFFER AFTER ALREADY HAVING ONE OR MORE OFFERS REJECTED IN THE PRECEDING TWO(2)YEARS: There are additional requirements for a company that has had a previous GSA IT Schedule 70 Offer/Proposal rejected within the preceding two(2)years.GSA cannot evaluate a previously rejected Offer/Proposal,but rather,the company must resubmit the rejected Offer as a new Offer/Proposal,in its entirety,as well as the additional documentation that addresses the deficiencies described in the previously issued rejection notice/letter.Submission of Offers similar to previously rejected Offers must include,in detail,all items identified in the rejection letter/notice as deficiencies and what actions were taken to remedy those deficiencies.The Offeror shall provide a copy of any rejection notice(s)/letter(s)the company has received,within the preceding two(2)years,from any previous GSA IT Schedule 70 offer.Acceptance and satisfactory completion or mitigation of these deficiencies is at the sole discretion of the Contracting Officer. Begin Regulation 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL(JAN 2011) (a)The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12(HSPD-12),Office of Management and Budget(OMB)guidance M-05-24,and Federal Information Processing Standards Publication(FIPS PUB)Number 201. (b)The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract.The Contractor shall return such identification to the issuing agency at the earliest of any of the following,unless otherwise determined by the Government: Page:204 of 224 FCIS-JB-980001-B Refresh: 41 Part IV-EVALUATION FACTORS FOR CONTRACT AWARD (1)When no longer needed for contract performance. (2)Upon completion of the Contractor employee's employment. (3)Upon contract completion or termination. (c)The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d)The Contractor shall insert the substance of this clause,including this paragraph(d),in all subcontracts when the subcontractor's employees are required to have routine physical access to a Federally controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph(b)of this section, unless otherwise approved in writing by the Contracting Officer. Begin Regulation 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS(JUL 2013) (a)The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System(FAPIIS)on a semi-annual basis,throughout the life of the contract,by posting the required information in the System for Award Management database via https://www.acquisition.P-ov, (b)As required by section 3010 of the Supplemental Appropriations Act,2010(Pub. L. 111-212),all information posted in FAPIIS on or after April 15,2011,except past performance reviews,will be ,l publicly available.FAPIIS consists of two segments— (1)The non-public segment, into which Government officials and the Contractor post information,which can only be viewed by— (i)Government personnel and authorized users performing business on behalf of the Government;or (ii)The Contractor,when viewing data on itself,and (2)The publicly-available segment,to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days,except for— (i)Past performance reviews required by subpart 42.15; (ii)Information that was entered prior to April 15,2011;or (iii)Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph(c)(1)of this clause. (c)The Contractor will receive notification when the Government posts new information to the Contractor's record. (1)If the Contractor asserts in writing within 7 calendar days,to the Government official who posted the information,that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act,the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures,prior to reposting the releasable information.The contractor must cite 52.209-9 and request removal Page:205 of 224 FCIS-JB-960001-B Refresh: 41 Part IV-EVALUATION FACTORS FOR CONTRACT AWARD within 7 calendar days of the posting to FAPIIS. (2)The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government.The comments will be retained as long as the associated information is retained,i.e.,for a total period of 6 years.Contractor comments will remain a part of the record unless the Contractor revises them. (3)As required by section 3010 of Pub.L. 111-212,all information posted in FAPIIS on or after April 15,2011,except past performance reviews,will be publicly available, (d)Public requests for system information posted prior to April 15,2011,will be handled under Freedom of Information Act procedures, including,where appropriate,procedures promulgated under E.Q. 12600. Begin Regulation 552.212-73 EVALUATION—COMMERCIAL ITEMS(MULTIPLE AWARD SCHEDULE)(AUG 1997) (a)The Government may make multiple awards for the supplies or services offered in response to this solicitation that meet the definition of a"commercial item"in FAR 52.202-1.Awards may be made to those responsible offerors that offer reasonable pricing,conforming to the solicitation,and will be most advantageous to the Government,taking into consideration the multiplicity and complexity of items of various manufacturers and the differences in performance required to accomplish or produce required end results,production and distribution facilities,price,compliance with delivery requirements,and other pertinent factors.By providing a selection of comparable supplies or services,ordering activities are afforded the opportunity to fulfill their requirements with the item(s)that constitute the best value and that meet their needs at the lowest overall cost. (b)A written notice of award or acceptance of an offer,mailed or otherwise furnished to the offeror within the time for acceptance specified in the offer,shall result in a binding contract without further action by either party.Before the offer's specified expiration time,the Government may accept an offer (or part of an offer),whether or not there are negotiations after its receipt,unless a written notice of withdrawal is received before award. Page:206 of 224 FCIS-JB-880001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION Part V - OFFEROR REPRESENTATIONS & CERTIFICATION { Begin Regulation 52.204-20 PREDECESSOR OF OFFEROR(APR 2016) (a)Definitions.As used in this provision— "Commercial and Government Entity(CAGE)code"means— (1)An identifier assigned to entities located in the United States and its outlying areas by the Defense Logistics Agency(DLA)Contractor and Government Entity(CAGE')Branch to identify a commercial or government entity,or (2)An identifier assigned by a member of the North Atlantic Treaty Organization(NATO)or by NATO's Support Agency(NSPA)to entities located outside the United States and its outlying areas that DLA Contractor and Government Entity(CAGE)Branch records and maintains in the CAGE;master file.This type of code is known as an NCAGE code. "Predecessor"means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Successor"means 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. (b)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. (c)If the Offeror has indicated"is"in paragraph(b)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) Begin Regulation 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW(FEB 2016) (a)As required by sections 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 with any corporation that— (1)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 an agency has considered _ suspension or debarment of the corporation and made a determination that suspension or Page:207 of 224 FCIS-JB-980001-B Refresh. 41 Part V-OFFEROR REPRESENTATIONS 8 CERTIFICATION debarment is not necessary to protect the interests of the Government;or (2)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. (b)The Offeror represents that— (1) 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 (2)It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. Begin Regulation 52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016) (a)This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act,2015(Pub.L. 113-235),and similar provisions,if contained in subsequent appropriations acts. (b)If the Offeror is proposing a total contract price that will exceed$5,000,000(including options),the Offeror shall certify that,to the best of its knowledge and belief,it- 3 (1)Has filed all Federal tax returns required during the three years preceding the certification; (2)Has not been convicted of a criminal offense under the Internal Revenue Code of 1986,and (3)Has not ,more than 90 days prior to certification,been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied,unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default,or the assessment is the subject of a non-frivolous administrative or judicial proceeding. Begin Regulation 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS—REPRESENTATION(NOV 2015) (a)Definitions. "Inverted domestic corporation"and"subsidiary"have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations(52.209-10) (b)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. (c)Representation.The Offeror represents that— Page:208 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION (1)It is, is not an inverted domestic corporation;and (2)It is, is not a subsidiary of an inverted domestic corporation. Begin Regulation 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS —COMMERCIAL ITEMS(APR 2016) The Offeror shall complete only paragraph(b)of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management(SAM)Web site accessed through http://www.acquisition.gov.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(111SCs) 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; Page:209 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION (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.I.. 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; (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 technoloe'— (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 Page.210 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION 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 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 CPR part 121 and size standards in this solicitation. "Small disadvantaged business concern",consistent with 13 CPR 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 CPR 124.105) by— (i)One or more socially disadvantaged(as defined at 13 CFR 124.103)and economically disadvantaged(as defined at 13 CPR 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"means 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 its stock is owned by one or more women;and whose management and daily business operations are controlled by one or more women. Page:211 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION "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 SAM website. (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 database information,the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3,Offeror Representations and Certifications—Commercial Items,have been entered or updated in the last 12 months,are current,accurate,complete,and applicable to this solicitation(including the business size standard applicable to the NAICS code referenced for this solicitation),as of the date of this offer and are incorporated in this offer by reference(see FAR 4.1201),except for paragraphs [Offeror to identify the applicable paragraphs at(c)through(r)of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s)and/or cert f cations(s)are also incorporated in this offer and are ,r 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 will 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)ofthis 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 service-disabled 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,for general statistical purposes,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. r Page:212 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION (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 � l 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 l joint venture shall submit a separate signed copy of the EDWOSB representation. Note:Complete paragraphs(c)(8)and(c)(9)only if this solicitation is expected to exceed the simplified acquisition threshold. (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: (10)[Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25,Small Disadvantaged Business Participation Program— Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i)General. The offeror represents that either— (A)It is, is not certified by the Small Business Administration as a small disadvantaged business concern and identified,on the date of this representation,as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration,and that no material change in disadvantaged ownership and Page:213 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION control has occurred since its certification,and,where the concern is owned by one or more individuals claiming disadvantaged status,the net worth of each individual upon whom the certification is based does not exceed$750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B)It has, has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124,Subpart B,and a decision on that application is pending,and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents,as part of its offer,that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f)and that the representation in paragraph(c)(10)(i)of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: .] (11)HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph(c)(1)of this provision.I 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 change in ownership and control,principal office,or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR part 126;and (ii)It is, is not a joint venture that complies with the requirements of 13 CFR part 126,and the representation in paragraph(c)(11)(i)of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture.[The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture: 1 Each I-IUBZone small business concern participating in the 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 CI'R 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. ry (e)Certification Regarding Payments to Influence Federal Transactions(31 U.S.C. 1352). (Applies /��J Page:214 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION 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 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 Agreements—Israeli Trade Act": Page:215 of 224 FCIS-JB-980001-8 Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION 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)of 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 Page:216 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION paragraph(g)(1)(ii)for paragraph(g)(1)(ii)of the basic provision: `y (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 111. If Alternate III 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 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—Frec 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.) (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 Page:217 of 224 FCIS-JB-980001-8 Refresh: 41 Part V-OFFEROR REPRESENTATIONS 8 CERTIFICATION (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 statue.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). 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; (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 appeal 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 �J Page:218 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION 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 4 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).I (1)Listed end products. End Product Country of Origin (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 (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 it 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. 0)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 f (2) Outside the United States. Page:219 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION (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. (1)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.) Page:220 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION (1)All offerors must submit the information required in paragraphs(1)(3)through(1)(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). (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 Page:221 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION 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 certifications. 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 arc blocked pursuant to the International Emergency Economic Powers Act(50 U.S.C. 1701 et seq.)(see OPAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/tl lsdn.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 there 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 as 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. (2)If the Offeror indicates"has" in paragraph(p)(1)of this provision,enter the following Page:222 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS&CERTIFICATION 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: Iighest-level owner CAGI;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 sections 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 with 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 an 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 preceding 24 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. Page:223 of 224 FCIS-JB-980001-B Refresh: 41 Part V-OFFEROR REPRESENTATIONS 6 CERTIFICATION (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) Begin Regulation 52.223-1 BIOBASED PRODUCT CERTIFICATION(MAY 2012) As required by the Fans Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005(7 U.S.C.8102(c)(3)),the offeror certifies,by signing this offer,that biobased products(within categories of products listed by the United States Department of Agriculture in 7 CFR part 3201,subpart 13)to be used or delivered in the performance of the contract,other than biobased products that are not purchased by the offeror as a direct result of this contract,will comply with the applicable specifications or other contractual requirements. Page:224 of 224 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1.REQUISITION NUMBER PAGE 1 OF OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 2. CONTRACT NO. 3. AWARD/EFFECTIVE 4.ORDER NUMBER 5.SOLICITATION NUMBER 6.SOLICITATION ISSUE _ DATE FCIS-JB-980001-B DATE -- REFRESH #41 Orly: 1998-03-28 00:00:OC Ref: 016-11-18 00:00:00. a. NAME b.TELEPHONE NUMBER(No collect 8.OFFER DUE DATE/ 7. FOR SOLICITATION calls) LOCAL TIME INFORMATION CALL: 0� Customer Service 855-482-4348 NONE 9.ISSUED BY CODE 10.THIS ACQUISITON IS X❑UNRESTRICTED OR ❑SET ASIDE: % FOR: OFFICE OF IT SCHEDULE PROGRAMS ❑SMALL BUSINESS ❑EMERGING SMALL 1800 F ST. NW BUSINESS WASHINGTON, DC - 20405. ❑HUBZONE SMALL NAICS: BUSINESS SIZE STANDARD: ❑SERVICE-DISABLED VETERAN- ❑ 8(A) OWNED SMALL BUSINESS See Solicitation Part-I 11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS 13b. RATING TION UNLESS BLOCK IS 13a. THIS CONTRACT IS A MARKED RATED ORDER UNDER DPAS{15 CFR 700) 14. METHOD OF SOLICITATION ❑ SEE SCHEDULE ❑ RFQ ❑ IFB ❑X RFP 15. DELIVER TO CODE 16.ADMINISTERED BY CODE Ordering Agency See block 9. 17a.CONTRACTORICODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE OFFEROR CODE Ordering Agency 1 AONE NO. 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK 17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN BELOW IS CHECKED OFFER ❑ SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT See Part I. of the Solicitation. (Use Reverse and/or Attach Additional Sheets as Necessary) 25,ACCOUNTING AND APPROPRIATION DATA 26.TOTAL AWARD AMOUNT(For Govt. Use Only) 27a.SOLICITATION INCORPORATES BY REFERENCE FAR 52.212.1.52.212.4. FAR 52.212-3 AND 52.212.5 ARE ATTACHED. ADDENDA 1-1 ARE ARE NOT ATTACHED 27b.CONTRACT&LIRCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED, ADDENDA ARE DARE NOT ATTACHED X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 2 29. AWARD OF CONTRACT: REF. OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5),INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN,IS ACCEPTED AS TO ITEMS: 30a.SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA(SIGNATURE OF CONTRACTING OFFICER) 3; �IAME AND TITLE OF SIGNER(Type or print) 30c.DATE SIGNED 31b. NAME OF CONTRACTING OFFICER(Type or print) 31c.DATE SIGNED AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 3/2005) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA-FAR(48 CFR)53.212 19. 20. 21. 22. 23. 24. ITEM NO, SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT r �L 32a. QUANTITY IN COLUMN 21 HAS BEEN ❑ RECEIVED ❑ INSPECTED ❑ ACCEPTED,AND CONFORMS TO THE CONTRACT,EXCEPT AS NOTED: 32b. SIGNATURE OF AUTHORIZED GOVERNMENT 32c.DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE REPRESENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f.TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE 32g.E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34.VOUCHER NUMBER 35. AMOUNT VERIFIED 36.PAYMENT 37. CHECK NUMBER CORRECT FOR PART ❑ COMPLETE ❑ PARTIAL ❑ FINAL IAL FINAL 38. S/R ACCOUNT NO. 39.S/R VOUCHER NUMBER 40.PAID BY 41a.I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY(Print) 41b.SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c.DATE 42b.RECEIVED AT(Location) 42c. DATE REC'D(YY/MM/DD) 42d.TOTAL CONTAINERS STANDARD FORM 1449 (REV. 312005) BACK TABLE OF CONTENTS REGULATIONS INCORPORATED BY REFERENCE.......... 52.202-1 -DEFINITIONS(NOV 2013)...................................................................................................... 1 52.203-13-CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT(OCT 2015)................... 1 52.203-17-CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS(APR 2014)....................................................4 52.203-3-GRATUITIES(APR 1984).........................................................................................................4 52.204-I5-SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS(JAN 2014)........................................................................................................................... 5 52.204-19-INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)................................................................................................................................................. 6 52.204-4-PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)................................................................................................................................................. 6 52.204-7-SYSTEM FOR AWARD MANAGEMENT(JUL 2013).............................................................. 6 52.209-10-PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015)................................................................................................................................................. 8 52.211-16- VARIATION IN QUANTITY(APR 1984)................................................................................ 8 52.216-19-ORDER LIMITATIONS(OCT 1995) (DEVIATED 11-FEB 2007).........................................9 52.216-22-INDEFINITE QUANTITY(OCT 1995)................................................................................. 10 52.219-14-LIMITATIONS ON SUBCONTRACTING (NOV 2011).........................................................10 52.219-27-NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (NOV 2011)............................................................................................................................................... 11 52.219-29-NOTICE OF SET-ASIDE FOR, OR SOLE SOURCE AWARD TO, ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS CONCERNS(DEC 2015)..........................12 52.219-3-NOTICE OF TOTAL HUBZONE SET-ASIDE OR SOLE SOURCE AWARD(NOV 2011)....14 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 52.219-6-NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE(NOV 2011)....................................... 17 52.219-8- UTILIZATION OF SMALL BUSINESS CONCERNS(OCT 2014)......................................... 18 52.219-9-SMALL BUSINESS SUBCONTRACTING PLAN(OCT 2015) (ALTERNATE II--OCT 2001)..........................................................................................................................................................19 52.222-1-NOTICE TO THE GOVERNMENT OF LABOR DISPUTES(FEB 1997)..............................26 52.222-21-PROHIBITION OF SEGREGATED FACILITIES(APR 2015).............................................26 52.222-26-EQUAL OPPORTUNITY(APR 2015)...................................................................................27 52.222-3-CONVICT LABOR(JUN 2003)...............................................................................................28 52.222-35-EQUAL OPPORTUNITY FOR VETERANS(OCT 2015)..................................................... 29 52.222-37-EMPLOYMENT REPORTS ON VETERANS(FEB 2016).....................................................29 52.222-40-NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT(DEC 2010).......................................................................................................................................30 52.222-46-EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES(FEB 1993).31 52.223-18-ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING(AUG 2011)..............................................................................................................................32 52.223-5-POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION(MA Y2011).........33 52.224-1 -PRIVACY ACT NOTIFICATION(APR 1984).........................................................................33 52.224-2-PRIVACYACT(APR 1984).....................................................................................................34 52.225-13-RESTRICTIONS ON CERTAIN FOREIGN PURCHASES(JUN 2008)................................34 52.225-25-PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND CERTIFICATIONS(OCT 2015)............................................................................................................... 35 52.225-5- TRADE AGREEMENTS(FEB 2016).......................................................................................36 52.228-5-INSURANCE--WORK ON A GOVERNMENT INSTALLATION(JAN 1997).........................38 52.229-1 -STATE AND LOCAL TAXES(APR 1984) (DEVIATION I-MAY2003)................................39 52.229-3-FEDERAL, STATE, AND LOCAL TAXES(FEB 2013) (DEVIATION I-FEB 2007)............ 39 52.232-33-PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD ' MANAGEMENT(JUL 2013).....................................................................................................................40 52.232-37-MULTIPLE PAYMENT ARRANGEMENTS(MAY 1999)..................................................... 42 52.233-1 -DISPUTES(MAY 2014).......................................................................................................... 42 52.233-3-PROTEST AFTER AWARD(A UG 1996)................................................................................43 52.233-4-APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM(OCT 2001)...........................44 52.237-1 -SITE VISIT(APR 1984)...........................................................................................................44 52.237-2-PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION(APR 1984)..........................................................................................................................................................44 52.239-1 -PRIVACY OR SECURITY SAFEGUARDS(AUG 1996).........................................................44 52.242-13-BANKRUPTCY(JUL 1995)...................................................................................................44 52.242-15-STOP-WORK ORDER(AUG 1989)......................................................................................45 52.246-4-INSPECTION OF SERVICES--FIXED-PRICE(A UG 1996) (DEVIATION I-MAY 2003)...45 52.247-34-F.O.B. DESTINATION(NOV 1991) (DEVIATION 1- MAY 2003).......................................46 52.247-38-F.O.B. INLAND CARRIER, POINT OF EXPORTATION(FEB 2006) (DEVIATION 1-FEB 2007)..........................................................................................................................................................47 52,247-39-F.O.B. INLAND POINT, COUNTRY OF IMPORTATION(APR 1984)...............................47 52.251-1-GO VERNMENT SUPPL Y SOURCES(APR 2012)................................................................. 48 552.203-71-RESTRIC TION ON A D VER TISING(SEP 1999)................................................................ 48 552.211-73- MARKING(FEB 1996)........................................................................................................48 552.211-75-PRESERVATION, PACKAGING, AND PACKING(FEB 1996) (ALTERNATE I-MAY 2003)..................... ...............................................................49 ...................................................................... 552,211-77-PACKING LIST(FEB 1996) (ALTERNATE I-MAY 2003)................................................49 552.215-71- EXAMINATION OF RECORDS BY GSA (MULTIPLE AWARD SCHEDULE) (JUL 2003)..........................................................................................................................................................49 552.223-73- PRESERVATION, PACKAGING, PACKING, MARKING AND LABELING OF ' HAZARDOUS MATERIALS(HAZMAT) FOR SHIPMENTS(JUN 2015)................................................ 552.229-70- FEDERAL, STATE,AND LOCAL TAXES(APR 1984).......................................................50 552.229-71- FEDERAL EXCISE TAX--DC GOVERNMENT(SEP 1999).............................................. 50 552.232-23-ASSIGNMENT OF CLAIMS(SEP 1999)............................................................................ 50 552.232-39- UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS(JUN 2013) (FAR DEVIATION-JUL 2015)..........................................................................................................................51 552.232-74- INVOICE PAYMENTS(SEP 1999).....................................................................................51 552.232-78-COMMERCIAL SUPPLIER AGREEMENTS- UNENFORCEABLE CLAUSES(JUL 2015)..........................................................................................................................................................52 552.232-79-PAYMENT BY CREDIT CARD(MA Y2003).......................................................................54 552.232-8-DISCOUNTS FOR PROMPT PAYMENT(APR 1989) (DEVIATION FAR 52.232-8) (ALTERNATE I-MAY 2003)....................................................................................................................55 552.232-81 -PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES(MAY 2003).........................55 552.238-70-IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT PROVIDING ACCESSIBILITY FOR THE HANDICAPPED(SEP 1991)......................................................................55 552.238-73-CANCELLATION(SEP 1999).............................................................................................56 552.238-77-DEFINITION(FEDERAL SUPPLYSCHEDULES)(JUL 2016)........................................56 552.252-5-AUTHORIZED DEVIATIONS IN PROVISIONS(SEP 1999) (DEVIATION FAR 52.252-5)................................................................................................................................................... 56 552.252-6-AUTHORIZED DEVIATIONS IN CLAUSES(SEP 1999) (DEVIATION FAR 52.252-6).....57 C-FSS-412-CHARACTERISTICS OF ELECTRIC CURRENT(MAY 2 00 0).......................................... 57 D-FSS-471-MARKING AND DOCUMENTATION REQUIREMENTS PER SHIPMENT(APR 1984).57 D-FSS-477- TRANSSHIPMENTS(APR 1984).........................................................................................58 I-FSS-314-FOREIGN TAXES AND DUTIES(DEC 1990).....................................................................58 I-FSS-594-PARTS AND SERVICE(OCT 1988)..................................................................................... 58 REGULATIONS INCORPORATED BY REFERENCE 52.202-1 52.202-1 DEFINITIONS(NOV 2013) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation(FAR),the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued,unless— (a)The solicitation,or amended solicitation,provides a different definition; (b)The contracting parties agree to a different definition; (c)The part,subpart,or section of the I-AR where the provision or clause is prescribed provides a different meaning;or (d)The word or term is defined in FAR Part 31, for use in the cost principles and procedures 52.203-13 52.203-13 Contractor Code of Business Ethics and Conduct(OCT 2015) (a)Definitions.As used in this clause— Agent means any individual,including a director,an officer,an employee,or an independent Contractor,authorized to act on behalf of the organization. Full cooperation— (1)Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors'and investigators' request for documents and access to employees with information; (2)Does not foreclose any Contractor rights arising in law,the FAR,or the terms of the contract. It does not require— (i)A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;or (ii)Any officer,director,owner,or employee of the Contractor, including a sole proprietor,to waive his or her attorney client privilege or Fifth Amendment rights;and (3)Does not restrict a Contractor from— (i)Conducting an internal investigation;or (ii)Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation. Principal 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). Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. Subcontractor means any supplier,distributor,vendor,or firm that furnished supplies or services to or Page:1 of 59 REGULATIONS INCORPORATED BY REFERENCE for a prime contractor or another subcontractor. United States means the 50 States,the District of Columbia,and outlying areas. (b)Code of business ethics and conduct. (1)Within 30 days after contract award,unless the Contracting Officer establishes a longer time period,the Contractor shall— (i)Have a written code of business ethics and conduct; (ii)Make a copy of the code available to each employee engaged in performance of the contract. (2)The Contractor shall— (i)Exercise due diligence to prevent and detect criminal conduct;and (ii)Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law. (3) (i)The Contractor shall timely disclose,in writing,to the agency Office of the Inspector General(OIG),with a copy to the Contracting Officer,whenever, in connection with the award,performance,or closeout of this contract or any subcontract thereunder,the Contractor has credible evidence that a principal,employee,agent,or subcontractor of the Contractor has committed— (A)A violation of Federal criminal law involving fraud,conflict of interest, bribery,or gratuity violations found in Title 18 of the United States Code;or r (B)A violation of the civil False Claims Act(31 U.S.C.3729-3733). (ii)The Government,to the extent permitted by law and regulation,will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked"confidential"or"proprietary"by the company.To the extent permitted by law and regulation,such information will not be released by the Government to the public pursuant to a Freedom of Information Act request,5 U.S.C. Section 552,without prior notification to the Contractor.The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction. (iii)If the violation relates to an order against a Governmentwide acquisition contract,a multi-agency contract,a multiple-award schedule contract such as the Federal Supply Schedule,or any other procurement instrument intended for use by multiple agencies,the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract. (c)Business ethics awareness and compliance program and internal control system.This paragraph(c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award,unless the Contracting Officer establishes a longer time period: (1)An ongoing business ethics awareness and compliance program. (i)This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Page:2 of 59 REGULATIONS INCORPORATED BY REFERENCE Contractor's business ethics awareness and compliance program and internal control system,by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities. (ii)The training conducted under this program shall be provided to the Contractor's principals and employees,and as appropriate,the Contractor's agents and subcontractors. (2)An internal control system. (i)The Contractor's internal control system shall— (A)Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts;and (B)Ensure corrective measures are promptly instituted and carried out. (ii)At a minimum,the Contractor's internal control system shall provide for the following: (A)Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system. (B)Reasonable efforts not to include an individual as a principal,whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct. (C)Periodic reviews of company business practices,procedures,policies,and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting,including— (1)Monitoring and auditing to detect criminal conduct; (2)Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected;and (3)Periodic assessment of the risk of criminal conduct,with appropriate steps to design,implement,or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process. (D)An internal reporting mechanism,such as a hotline,which allows for anonymity or confidentiality,by which employees may report suspected instances of improper conduct,and instructions that encourage employees to make such reports. (F)Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct. (F)Timely disclosure,in writing,to the agency OIG,with a copy to the Contracting Officer,whenever,in connection with the award,performance,or closeout of any Government contract performed by the Contractor or a subcontractor thereunder,the Contractor has credible evidence that a principal, employee,agent,or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud,conflict of interest,bribery,or gratuity violations found in Title 18 U.S.C.or a violation of the civil False Claims Act(31 U.S.C.3729-3733). Page:3 of 59 REGULATIONS INCORPORATED BY REFERENCE (1) If a violation relates to more than one Government contract,the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation. (2) If the violation relates to an order against a Governmentwidc acquisition contract,a multi-agency contract,a multiple-award schedule contract such as the Federal Supply Schedule,or any other procurement instrument intended for use by multiple agencies,the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract,and the respective agencies'contracting officers. (3)The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract. (4)The Government will safeguard such disclosures in accordance with paragraph(b)(3)(ii)of this clause. (G)Full cooperation with any Government agencies responsible for audits, investigations,or corrective actions. (d)Subcontracts. (1)The Contractor shall include the substance of this clause,including this paragraph(d), in subcontracts that have a value in excess of 55.5 million and a performance period of more than 120 days. (2)In altering this clause to identify the appropriate parties,all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General,with a copy to the Contracting Officer. 52.203-17 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS(APR 2014) (a)This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013(Pub.L. 112-239)and FAR 3.908. (b)The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C.4712,as described in section 3.908 of the Federal Acquisition Regulation. (c)The Contractor shall insert the substance of this clause,including this paragraph(c),in all subcontracts over the simplified acquisition threshold. 52.203-3 52.203-3 GRATUITIES(APR 1984) (a)The right of the Contractor to proceed may be terminated by written notice if,after notice and hearing,the agency head or a designee determines that the Contractor,its agent,or another representative— 3 Page:4 of 59 REGULATIONS INCORPORATED BY REFERENCE (1)Offered or gave a gratuity(e.g.,an entertainment or gift)to an officer,official,or employee of the Government;and (2)Intended,by the gratuity,to obtain a contract or favorable treatment under a contract. (b)The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c)If this contract is terminated under paragraph(a)above,the Government is entitled— (I)To pursue the same remedies as in a breach of the contract;and (2)In addition to any other damages provided by law,to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned,as determined by the agency head or a designee.(This subparagraph(c)(2)is applicable only if this contract uses money appropriated to the Department of Defense.) (d)The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. 52.204-15 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS(JAN 2014) (a)Definition. First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services(including construction)for performance of a prime contract.It does not include the Contractor's supplier agreements with vendors,such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs. (b)The Contractor shall report,in accordance with paragraphs(c)and(d)of this clause,annually by October 31,for services performed during the preceding Government fiscal year(October (- September 30)under this contract for orders that exceed the thresholds established in 4.1703(a)(2). (e)The Contractor shall report the following information: (1)Contract number and order number. (2)The total dollar amount invoiced for services performed during the previous Government fiscal year under the order. (3)The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year. (4)Data reported by subcontractors under paragraph(f)of this clause. (d)The information required in paragraph(c)of this clause shall be submitted via the internet at www.sam.gov.(See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the Contracting Officer will exercise appropriate contractual remedies. In addition,the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under FAR subpart 42.15. (e)Agencies will review Contractor reported information for reasonableness and consistency with available contract information.In the event the agency believes that revisions to the Contractor reported information are warranted,the agency will notify the Contractor no later than November 15.By Page:5 of 59 REGULATIONS INCORPORATED BY REFERENCE November 30,the Contractor shall revise the report,or document its rationale for the agency. (f) (I) The Contractor shall require each first-tier subcontractor providing services under this contract,with subcontract(s)each valued at or above the thresholds set forth in 4.1703(a)(2),to provide the following detailed information to the Contractor in sufficient time to submit the report: (i)Subcontract number(including subcontractor name and DUNS number),and (ii)The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year. (2)The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act,2010. 52.204-19 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS(DEC 2014) The Contractor's representations and certifications,including those completed electronically via the System for Award Management(SAM),are incorporated by reference into the contract" 52.204-4 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER(MAY 2011) (a)Definitions.As used in this clause— Postconsumer fiber means— (1)Paper,paperboard,and fibrous materials from retail stores,office buildings,homes,and so forth,after they have passed through their end-usage as a consumer item,including:used corrugated boxes;old newspapers;old magazines;mixed waste paper;tabulating cards;and used cordage;or (2)All paper,paperboard,and fibrous materials that enter and are collected from municipal solid waste,but not (3)Fiber derived from printers'over-runs,converters' scrap,and over-issue publications. (b)"I'he Contractor is required to submit paper documents,such as offers,letters,or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber,whenever practicable,when not using electronic commerce methods to submit information or data to the Government. 52.204-7 52.204-7 CENTRAL CONTRACTOR REGISTRATION(JUL 2013) (a)Definitions.As used in this provision— Data Universal Numbering System(DUNS)number means the 9-digit number assigned by Dun and Bradstreet, Inc"(D&B)to identify unique business entities. Data Universal Numbering System-4(DUNS+4)number means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern.(D&B has no affiliation with this Page:6 of 59 REGULATIONS INCORPORATED BY REFERENCE 4-character suffix.)This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic funds Transfer(EFT)accounts(see the FAR at Subpart 32.11)for the same concern. Registered in the System for Award Management(SAM)database means that— (1)The offeror has entered all mandatory information,including the DUNS number or the DUNS+4 number,the Contractor and Government Entity(CAGE)code,as well as data required by the Federal Funding Accountability and Transparency Act of 2006(see Subpart 4.14)into the SAM database; (2)The offeror has completed the Core,Assertions,and Representations and Certifications,and Points of Contact sections of the registration in the SAM database; (3)'I'he Government has validated all mandatory data fields,to include validation of the Taxpayer Identification Number(TIN)with the Internal Revenue Service(IRS).The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process;and (4)The Government has marked the record"Active". (b) (1)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,basic agreement,basic ordering agreement,or blanket purchasing agreement resulting from this solicitation. (2)The offeror shall enter,in the block with its name and address on the cover page of its offer, the annotation"DUNS"or"DUNS+4"followed by the DUNS or DUNS+4 number that identifies the offeror's name and address exactly as stated in the offer.The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the SAM database. (c)If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1)An offeror may obtain a DUNS number— (i)Via the Internet at http://fedgov.dnb.com/webform or if offeror does not have internet access,it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States;or (ii)If located outside the United States,by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S.Government contract when contacting the local Dun and Bradstreet office. (2)The offeror should be prepared to provide the following information: (i)Company legal business. (ii)Tradestyle,doing business,or other name by which your entity is commonly recognized. (iii)Company Physical Street Address,City,State and Zip Code. (iv)Company Mailing Address,City,State and Zip Code(if separate from physical). (v)Company"Telephone Number. (vi)Date the company was started. (vii)Number of employees at your location. Page:7 of 59 REGULATIONS INCORPORATED BY REFERENCE (viii)Chief executive officer/key manager. (ix)Line of business(industry). (x)Company Headquarters name and address(reporting relationship within your entity). (d) 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. (e)Processing time,which normally takes 48 hours,should be taken into consideration when registering.Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f)Offerors may obtain information on registration at https://www.acquisition.gov. 52.209-10 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS(NOV 2014) (a)Definitions.As used in this clause— 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). Subsidiary means an entity in which more than 50 percent of the entity is awned— (1)Directly by a parent corporation;or (2)Through another subsidiary of a parent corporation. (b)If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract,the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary.The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (c)Exceptions to this prohibition are located at 9.108-2. (d)In the event the Contractor becomes either an inverted domestic corporation,or a subsidiary of an inverted domestic corporation during contract performance,the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event. 52.211-16 52.211-16 VARIATION IN QUANTITY(APR 1984) (a)A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading,shipping,or packing,or allowances in manufacturing processes,and then only to the extent,if any,specified in paragraph(b)below. (b)The permissible variation shall be limited to: TBD percent increase TBD percent decrease Page:8 of 59 REGULATIONS INCORPORATED BY REFERENCE This increase or decrease shall apply to TBD. 52.216-19 52.216-19 ORDER LIMITATIONS(OCT 1995) (DEVIATION lI- FEB 2007)16.506(b) (a)Minimum order.When the ordering activity requires supplies or services covered by this contract in an amount of less than$100,the ordering activity 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 132-3 $500,000 per order 132-4 $500,000 per order 132-8 $500,000 per order 132-9 $500,000 per order 132-12$500,000 per order 132-32$500,000 per order 132-33$500,000 per order 132-34$500,000 per order 132-40$500,000 per order 132-50$25,000 per order 132-51 $500,000 per order 132-52$500,000 per order 132-53$500,000 per order 132-54$500,000 per order 132-55$500,000 per order 132-56$500,000 per order 132-60A$1,000,000 per order 132-60B$1,000,000 per order 132-60C$1,000,000 per order 132-60D$1,000,000 per order 132-60E$1,000,000 per order 132-60F$1,000,000 per order 132-61 $1,000,000 per order 132-62 $1,000,000 per order 132-99 $1,000,000 per order 132-100$ 150,000 per order, (2)Any order for a combination of items in excess of 132-3 $500,000 per order 132-4 $500,000 per order 132-8 $500,000 per order 132-9 $500,000 per order 132-12$500,000 per order 132-32$500,000 per order 132-33$500,000 per order 132-34$500,000 per order 132-40$500,000 per order 132-50$25,000 per order 132-51 $500,000 per order 132-52$500,000 per order 132-53$500,000 per order 132-54$500,000 per order 132-55$500,000 per order 132-56$500,000 per order 132-60A$1,000,000 per order 132-60B$1,000,000 per order Page:9 of 59 REGULATIONS INCORPORATED BY REFERENCE 132-60C$1,000,000 per order 132-60D$1,000,000 per order 132-60E$1,000,000 per order 132-60F$1,000,000 per order 132-61 $1,000,000 per order 132-62 $1,000,000 per order 132-99 $1,000,000 per order 132-100$ 150,000 per order;or (3)A series of orders from the same ordering office within 5 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 ordering activity 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 5 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 ordering activity may acquire the supplies or services from another source. 52.216-22 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 the completion of customer order, including options,60 months following the expiration of the basic contract ordering period[insert date]. 52.219-14 52.219-14 LIMITATIONS ON SUBCONTRACTING(NOV 2011) (a)This clause does not apply to the unrestricted portion of a partial set-aside. (b)Applicability.This clause applies only to— (1)Contracts that have been set aside or reserved for small business concerns or 8(a)concerns; Page: 10 of 59 REGULATIONS INCORPORATED BY REFERENCE (2)Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a)concerns;and ` . (3)Orders set aside for small business or 8(a)concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c)By submission of an offer and execution of a contract,the Offeror/Contractor agrees that in performance of the contract in the case of a contract for— (1)Services(except construction).At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. (2)Sup 1p ies(other than procurement from a nonmanufacturer of such supplies).The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies,not including the cost of materials. (3)General construction.The concern will,perform at least 15 percent of the cost of the contract, not including the cost of materials,with its own employees. (4)Construction by special trade contractors.The concern will perform at least 25 percent of the cost of the contract,not including the cost of materials,with its own employees. 52.219-27 52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (NOV 2011) (a)Definition."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 (H)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). (b)Applicability.This clause applies only to— (1)Contracts that have been set aside or reserved for service-disabled veteran-owned small business concerns; (2)Part or parts of a multiple-award contract that have been set aside for service-disabled veteran-owned small business concerns;and (3)Orders set aside for service-disabled veteran-owned small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c)General. (1)Offers are solicited only from service-disabled veteran-owned small business concerns.Offers received from concerns that are not service-disabled veteran-owned small business concerns shall Page: 11 of 59 REGULATIONS INCORPORATED BY REFERENCE not be considered. (2)Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern. (d)Agreement.A service-disabled veteran-owned small business concern agrees that in the performance of the contract,in the case of a contract for— (1)Services(except construction),at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other service-disabled veteran-owned small business concerns; (2)Supplies(other than acquisition from a nonmanufacturer of the supplies),at least 50 percent of the cost of manufacturing,excluding the cost of materials,will be performed by the concern or other service-disabled veteran-owned small business concerns; (3)General construction,at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other service-disabled veteran-owned small business concerns;or (4)Construction by special trade contractors,at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern's employees or the employees of other service-disabled veteran-owned small business concerns. (e)A joint venture may be considered a service-disabled veteran owned small business concern if— (1)At least one member of the joint venture is a service-disabled veteran-owncd small business concern,and makes the following representations:That it is a service-disabled veteran-owned small business concern,and that it is a small business concern under the North American Industry Classification Systems(NAICS)code assigned to the procurement; (2)Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;and (3)The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation. (4)The joint venture meets the requirements of 13 CFR 125.15(b) (f)Any service-disabled veteran-owned small business concern(nonmanufacturer)must meet the requirements in 19.102(f)of the Federal Acquisition Regulation to receive a benefit under this program. 52.219-29 52.219-29 NOTICE OF SET-ASIDE FOR,OR SOLE SOURCE AWARD TO, ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS CONCERNS(DEC 2015) (a)Definitions."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(WOSB)concern eligible under the WOSB Program. "WOSB Program Repository"means a secure,Web-based application that collects,stores,and >f� Page.12 of 59 REGULATIONS INCORPORATED BY REFERENCE disseminates documents to the contracting community and SBA,which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program. (b)Applicability. This clause applies only to— (1)Contracts that have been set aside or reserved for,or awarded on a sole source basis to, EDWOSB concerns; (2)Part or parts of a multiple-award contract that have been set aside for EDWOSB concerns;and (3)Orders set aside for EDWOSB concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c)General. (1)Offers are solicited only from EDWOSB concerns.Offers received from concerns that are not EDWOSB concerns will not be considered. (2)Any award resulting from this solicitation will be made to an EDWOSB concern. (3)The contracting officer will ensure that the apparent successful offeror has provided all required documents to the WOSB Program Repository.The contract will not be awarded until all required documents are received. (d)Agreement.An EDWOSB concern agrees that in the performance of the contract for— (1)Services(except construction),the concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own employees; (2)Supplies or products(other than procurement from a non-manufacturer in such supplies or products),the concern will perform at least 50 percent of the cost of manufacturing the supplies or products(not including the costs of materials); (3)General construction,the concern will perform at least 15 percent of the cost of the contract with its own employees(not including the costs of materials);and (4)Construction by special trade contractors,the concern will perform at least 25 percent of the cost of the contract with its own employees(not including the cost of materials). (e)Joint venture. A joint venture may be considered an EDWOSB concern if— (1)It meets the applicable size standard corresponding to the NAICS code assigned to the contract,unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3); (2)The EDWOSB participant of the joint venture is designated in System for Award Management as an EDWOSB concern; (3)The parties to the joint venture have entered into a written joint venture agreement that contains provisions— (i)Setting forth the purpose of the joint venture; (ii)Designating an EDWOSB concern as the managing venturer of the joint venture,and an employee of the managing venturer as the project manager responsible for the performance of the contract; (iii)Stating that not less than 51 percent of the net profits earned by the joint venture will Page:13 of 59 REGULATIONS INCORPORATED BY REFERENCE be distributed to the EDWOSB; (iv)Specifying the responsibilities of the parties with regard to contract performance, sources of labor,and negotiation of the EDWOSB contract;and (v)Requiring the final original records be retained by the managing venturer upon completion of the EDWOSB contract performed by the joint venture. (4)The joint venture performs the applicable percentage of work required in accordance with paragraph(d)above;and (5)The procuring activity executes the contract in the name of the EDWOSB or joint venture. {fj Nonmanufacturer.An EDWOSB concern that is a non-manufacturer,as defined in 13 CFR 121.406(b)or FAR 19.102(f),may submit an offer on an EDWOSB requirement with a NAICS code for supplies,if it meets the requirements under the non-manufacturer rule set forth in those regulations. 52.219-3 52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE AWARD(NOV 2011) (a)Definitions. See 13 CFR 125.6(e)for definitions of terms used in paragraph(c). (b)Applicability. This clause applies only to— (1)Contracts that have been set aside or reserved for,or awarded on a sole source basis to, FIUBZone small business concerns; (2)Part or parts of a multiple-award contract that have been set aside for HUBZone smallr business concerns;and ~ `' (3)Orders set-aside for HUBZone small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c)General. (1)Offers are solicited only from HUBZone small business concerns_Offers received from concerns that are not HUBZone small business concerns will not be considered. (2)Any award resulting from this solicitation will be made to a HUBZone small business concern. (d)Agreement.A HUBZone small business concern agrees that in the performance of the contract,in the case of a contract for— (1)Services(except construction),at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns; (2)Supplies(other than acquisition from a nonmanufacturer of the supplies),at least 50 percent of the cost of manufacturing,excluding the cost of materials,will be performed by the concern or other HUBZone small business concerns; (3)General construction. (i)At least 15 percent of the cost of contract performance to be incurred for personnel Page:14 of 59 REGULATIONS INCORPORATED BY REFERENCE will be spent on the EIUBZ,one prime contractor's employees; (ii)At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the I IUBZone prime contractor's employees or on a combination of the HUBZone prime contractor's employees and employees of HUBZone small business concern subcontractors;and (iii)No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns;or (4)Construction by special trade contractors. (i)At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees; (ii)At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the HUBZone prime contractor's employees or on a combination of the HUBZone prime contractor's employees and employees of I IUBZone small business concern subcontractors; (iii)No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not UIUBZone small business concerns. (e)A HUBZone joint venture agrees that,in the performance of the contract,the applicable percentage specified in paragraph(d)of this clause will be performed by the aggregate of the FIUBZ_one small business participants. (f) (1)When the total value of the contract exceeds$25,000,a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by I IUBZ.one small business concern manufacturers. (2)When the total value of the contract is equal to or less than S25,000,a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States. (3)Paragraphs(f)(1)and(f)(2)of this section do not apply in connection with construction or service contracts. (g)Notice.The HUBZone small business offeror acknowledges that a prospective HUBZone awardcc must be a HUBZone small business concern at the time of award of this contract.The EIUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful I-IUBZone offeror is not a HUBZone small business concern at the time of award of this contract,the Contracting Officer will proceed to award to the next otherwise successful FIUBZone small business concern or other offeror. 52.219-30 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) (a)Definitions."Women-owned small business(WOSB)concern eligible under the WOSB Program" (in accordance with 13 CI-R part 127),means a small business concern that is at least 51 percent Page:15 of 59 REGULATIONS INCORPORATED BY REFERENCE 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. "WOSB Program Repository"means a secure, Web-based application that collects,stores,and disseminates documents to the contracting community and SBA,which verify the eligibility of a business concern for a contract to be awarded under the WOSB Program. (b)Applicability. This clause applies only to— (I)Contracts that have been set aside or reserved for,or awarded on a sole source basis to, WOSB concems eligible under the WOSB Program; (2)Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible under the WOSB Program;and (3)Orders set aside for WOSB concerns eligible under the WOSB Program,under multiple-award contracts as described in8.405-5 and 16.505(b)(2)(i)(F). (c)General. (1)Offers are solicited only from WOSB concerns eligible under the WOSB Program.Offers received from concerns that are not WOSB concerns eligible under the WOSB program shall not be considered. (2)Any award resulting from this solicitation will be made to a WOSB concern eligible under the WOSB Program. (3)The Contracting Officer will ensure that the apparent successful offeror has provided the required documents to the WOSB Program Repository.The contract shall not be awarded until all required documents are received. (d)Agreement. A WOSB concern eligible under the WOSB Program agrees that in the performance of the contract for— (1)Services(except construction),the concern will perform at least 50 percent of the cost of the contract incurred for personnel with its own employees; (2)Supplies or products(other than procurement from a non-manufacturer in such supplies or products),the concern will perform at least 50 percent of the cost of manufacturing the supplies or products(not including the costs of materials); (3)General construction,the concern will perform at least 15 percent of the cost of the contract with its own employees(not including the costs of materials);and (4)Construction by special trade contractors,the concern will perform at least 25 percent of the cost of the contract with its own employees(not including cost of materials). (e)Joint Venture.A joint venture may be considered a WOSB concern eligible under the WOSB Program if— (1)It meets the applicable size standard corresponding to the NAICS code assigned to the contract,unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3); (2)The WOSB participant of the joint venture is designated in the System for Award Management as a WOSB concern eligible under the WOSB Program; (3)The parties to the joint venture have entered into a written joint venture agreement that Page:16 of 59 REGULATIONS INCORPORATED BY REFERENCE contains provisions— (i)Setting forth the purpose of the joint venture; (ii)Designating a WOSB concern eligible under the WOSB Program as the managing venturer of the joint venture,and an employee of the managing venturer as the project manager responsible for the performance of the contract; (iii)Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the WOSB; (iv)Specifying the responsibilities of the parties with regard to contract performance, sources of labor,and negotiation of the WOSB contract;and (v)Requiring the final original records be retained by the managing venturer upon completion of the WOSB contract performed by the joint venture. (4)The joint venture must perform the applicable percentage of work required in accordance with paragraph(d)above;and (5)The procuring activity executes the contract in the name of the WOSB concern eligible under the WOSB Program or joint venture. (f)Nonmanufacturer.A WOSB concern eligible under the WOSB Program that is a non-manufacturer, as defined in 13 CFR 121.406(b)or FAR 19.102(f),may submit an offer on a WOSB requirement with a NAICS code for supplies,if it meets the requirements under the non-manufacturer rule set forth in those regulations. 52.219-6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE(NOV 2011) (a)Definition. "Small business concern,"as used in this clause,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 size standards in this solicitation. (b)Applicability. This clause applies only to— (1)Contracts that have been totally set aside or reserved for small business concerns;and (2)Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). (c)General. (1)Offers are solicited only from small business concerns.Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. (2)Any award resulting from this solicitation will be made to a small business concern. (d)Agreement. A small business concern submitting an offer in its own name shall furnish,in performing the contract, only end items manufactured or produced by small business concerns in the United States or its Page:17 of 59 REGULATIONS INCORPORATED BY REFERENCE outlying areas.If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed$25,000,a small business concern may furnish the product of any domestic firm.This paragraph does not apply to construction or service contracts. 52.219-8 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS(OCT 2014) (a)Definitions.As used in this contract— HUBZone small business concern means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration. 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 small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. 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. Page:18 of 59 REGULATIONS INCORPORATED BY REFERENCE 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. (b)It is the policy of the United States that small business concerns,veteran-owned small business concerns,service-disabled veteran-owned small business concerns, HUBZonc small business concerns, small disadvantaged business concerns,and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems,assemblies,components,and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns,veteran-owned small business concerns,service-disabled veteran-owned small business concerns,HUBZone small business concerns,small disadvantaged business concerns, and women-owned small business concerns. (c)The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance.The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (d) (1)Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern,a veteran-owned small business concern,a service-disabled veteran-owned small business concern,a small disadvantaged business concern, or a women-owned small business concern. (2)The Contractor shall confirm that a subcontractor representing itself as a HUBZone small ` business concern is certified by SBA as a HUBZonc small business concern by accessing the System for Award Management database or by contacting the SBA.Options for contacting the SBA include— (i)HUBZone small business database search application Web page at http://dsbs.sba.gov/dsbs/search/dsl2 searchhubzone.cfm;or http://www.sba.gov/hubzone; (ii)In writing to the Director/HUB,U.S.Small Business Administration,409 3rd Street, SW.,Washington DC 20416;or (iii)The SBA HUBZonc Help Desk at hubzone@sba.gov. 52.219-9 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN(OCT 2015) (ALTERNATE II—OCT 2001) (a)This clause does not apply to small business concerns. (b)Definitions. As used in this clause— Alaska Native Corporation(ANC)means any Regional Corporation,Village Corporation, Urban Corporation,or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act,as amended(43 U.S.C. 1601,et seq.)and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1).This definition also includes ANC direct and indirect subsidiary corporations,joint ventures,and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2). Page:19 of 59 REGULATIONS INCORPORATED BY REFERENCE Commercial item means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation. Commercial plan means a subcontracting plan(including goals)that covers the offeror's fiscal year and 1 that applies to the entire production of commercial items sold by either the entire company or a portion thereof(e.g.,division,plant,or product line). Electronic Subcontracting Reporting System(eSRS)means the Governmentwide,electronic,web-based system for small business subcontracting program reporting.The eSRS is located at http://www.csrs.p,ov. Indian tribe means any Indian tribe,band,group,pueblo,or community,including native villages and native groups(including corporations organized by Kenai,Juneau,Sitka,and Kodiak)as defined in the Alaska Native Claims Settlement Act(43 U.S.C.A. 1601 et seq.),that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c).This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e). Individual contract plan means a subcontracting plan that covers the entire contract period(including option periods),applies to a specific contract,and has goals that are based on the offeror's planned subcontracting in support of the specific contract,except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. Master plan means a subcontracting plan that contains all the required elements of an individual contract plan,except goals,and may be incorporated into individual contract plans,provided the master plan has been approved. Subcontract means any agreement(other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. /" (c)Proposals submitted in response to this solicitation shall include a subcontracting plan that separately addresses subcontracting with small business,veteran-owned small business, service-disabled veteran-owned small business,HUBZone small business,small disadvantaged business,and women-owned small business concerns.If the offeror is submitting an individual contract plan,the plan must separately address subcontracting with small business,veteran-owned small business,service-disabled veteran-owned small business, I]UBZone small business,small disadvantaged business,and women-owned small business concerns,with a separate part for the basic contract and separate parts for each option(if any).The plan shall be included in and made a part of the resultant contract.The subcontracting plan shall be negotiated within the time specified by the Contracting Officer.Failure to submit and negotiate a subcontracting plan shall make the offeror ineligible for award of a contract. (d)The offeror's subcontracting plan shall include the following: (1)Goals,expressed in terms of percentages of total planned subcontracting dollars, for the use of small business,veteran-owned small business,service-disabled veteran-owned small business, HUB!_one small business,small disadvantaged business,and women-owned small business concerns as subcontractors.The offeror shall include all subcontracts that contribute to contract performance,and may include a proportionate share of products and services that are normally allocated as indirect costs.In accordance with 43 U.S.C. 1626: (2)A statement of— (i)Total dollars planned to be subcontracted for an individual contract plan;or the offeror's total projected sales,expressed in dollars,and the total value of projected subcontracts to support the sales for a commercial plan; (ii)Total dollars planned to be subcontracted to small business concerns(including ANC Page:20 of 59 REGULATIONS INCORPORATED BY REFERENCE and Indian tribes); (iii)Total dollars planned to be subcontracted to veteran-owned small business concerns; -- (iv)Total dollars planned to be subcontracted to service-disabled veteran-owned small business; (v)Total dollars planned to be subcontracted to HUBZone small business concerns; (vi)Total dollars planned to be subcontracted to small disadvantaged business concerns(including ANCs and Indian tribes);and (vii)Total dollars planned to be subcontracted to women-owned small business concerns. (3)A description of the principal types of supplies and services to be subcontracted,and an identification of the types planned for subcontracting to— (i)Small business concerns; (ii)Veteran-owned small business concerns; (iii)Service-disabled veteran-owned small business concerns; (iv)HUBZone small business concerns; (v)Small disadvantaged business concerns;and (vi)Women-owned small business concerns. (4)A description of the method used to develop the subcontracting goals in paragraph(d)(1)of this clause. (5)A description of the method used to identify potential sources for solicitation purposes(e.g., existing company source lists,the System for Award Management(SAM),veterans service organizations,the National Minority Purchasing Council Vendor Information Service,the Research and Information Division of the Minority Business Development Agency in the Department of Commerce,or small,HUBZone,small disadvantaged,and womenowned small business trade associations).A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small,veteran-owned small,service-disabled veteran-owned small,HUBZone small,small disadvantaged,and women-owned small business source list.Use of SAM as its source list does not relieve a firm of its responsibilities(e.g., outreach,assistance,counseling,or publicizing subcontracting opportunities)in this clause. (6)A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals,and a description of the method used to determine the proportionate share of indirect costs to be incurred with— (i)Small business concerns(including ANC and Indian tribes); (ii)Veteran-owned small business concerns; (iii)Service-disabled veteran-owned small business concerns; (iv)HUBZone small business concerns; (v)Small disadvantaged business concerns(including ANC and Indian tribes);and (vi)Women-owned small business concerns. (7)The name of the individual employed by the offeror who will administer the offeror's subcontracting program,and a description of the duties of the individual. (8)A description of the efforts the offeror will make to assure that small business,veteran-owned small business,service-disabled veteran-owned small business,HUBZone small business,small disadvantaged and women-owned small business concerns have an equitable opportunity to Page:21 of 59 REGULATIONS INCORPORATED BY REFERENCE compete for subcontracts. (9)Assurances that the offeror will include the clause of this contract entitled"Utilization of Small Business Concerns"in all subcontracts that offer further subcontracting opportunities,and that the offeror will require all subcontractors(except small business concerns)that receive subcontracts in excess of$700,000($1.5 million for construction of any public facility with further subcontracting possibilities)to adopt a subcontracting plan that complies with the requirements of this clause. (10)Assurances that the offeror will— (i)Cooperate in any studies or surveys as may be required; (ii)Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan; (iii)Submit the Individual Subcontract Report(ISR)and/or the Summary Subcontract Report(SSR),in accordance with paragraph(1)or this clause using the Electronic Subcontracting Reporting System(eSRS)at http://www.esrs.gov.The reports shall provide information on subcontract awards to small business concerns(including ANCs and Indian tribes that are not small businesses),veteran-owned small business concerns, service-disabled veteran-owned small business concerns,HUBZone small business concerns,small disadvantaged business concerns(including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses),women-owned small business concerns,and for NASA only, Historically Black Colleges and Universities and Minority Institutions.Reporting shall be in accordance with this clause,or as provided in agency regulations; (iv)Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS; 0 (v)Provide its prime contract number,its DUNS number,and the e-mail address of the offeror's official responsible for acknowledging receipt of or rejecting the ISRs,to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs;and (vi)Require that each subcontractor with a subcontracting plan provide the prime contract number,its own DUNS number,and the e-mail address of the subcontractor's official responsible for acknowledging receipt of or rejecting the ISRs,to its subcontractors with subcontracting plans. (11)A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan,including establishing source lists;and a description of the offeror's efforts to locate small business,veteran-owned small business,service-disabled veteran-owned small business, HUBZone small business,small disadvantaged business,and women-owned small business concerns and award subcontracts to them.The records shall include at least the following(on a plant-wide or company-wide basis, unless otherwise indicated): (i)Source lists(e.g., SAM),guides,and other data that identify small business, veteran-owned small business,service-disabled veteran-owned small business, HUBZone small business,small disadvantaged business,and women-owned small business concerns. (ii)Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business,service-disabled veteran-owned small business,HUBZone small business,small disadvantaged business,or women-owned small business concerns. Page:22 of 59 REGULATIONS INCORPORATED BY REFERENCE (iii)Records on each subcontract solicitation resulting in an award of more than $150,000,indicating— (A)Whether small business concerns were solicited and,if not,why not; (B)Whether veteran-owned small business concerns were solicited and, if not, why not; (C)Whether service-disabled veteran-owned small business concerns were solicited and,if not,why not; (D)Whether I IIJBZone small business concerns were solicited and,if not,why not; (E)Whether small disadvantaged business concerns were solicited and,if not, why not; (P)Whether women-owned small business concerns were solicited and,if not, why not;and (G) If applicable,the reason award was not made to a small business concern. (iv)Records of any outreach efforts to contact— (A)'Trade associations; (B)Business development organizations; (C)Conferences and trade fairs to locate small, HUBZone small,small disadvantaged,and women-owned small business sources;AND (D)Veterans service organizations. (v)Records of internal guidance and encouragement provided to buyers through— (A)Workshops,seminars,training,etc.;and (13)Monitoring performance to evaluate compliance with the program's requirements. (vi)On a contract-by-contract basis,records to support award data submitted by the offeror to the Government, including the name,address,and business size of each subcontractor.Contractors having commercial plans need not comply with this requirement. (e)In order to effectively implement this plan to the extent consistent with efficient contract performance,the Contractor shall perform the following functions: (1)Assist small business,veteran-owned small business,service-disabled veteran-owned small business,HUBZone small business,small disadvantaged business,and women-owned small business concerns by arranging solicitations,time for the preparation of bids,quantities, specifications,and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small business,veteran-owned small business,service-disabled veteran-owned small business,I IUBZone small business,small disadvantaged business,and women-owned small business subcontractors are excessively long,reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (2)Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business,service-disabled veteran-owned small business,HUBZone small business,small disadvantaged business,and women-owned small business concerns in all "make-or-buy"decisions. (3)Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business,service-disabled veteran-owned small business,HUBZone small Page:23 of 59 REGULATIONS INCORPORATED BY REFERENCE business,small disadvantaged business,and women-owned small business firms. (4)Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZ..one small business concern by accessing the SAM database or by contacting SBA. (5)Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small,veteran-owned small business,HUBZone small,small disadvantaged,or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan. (6)For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business preference,upon determination of the successful subcontract offeror,the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror prior to award of the contract. (f)A master plan on a plant or division-wide basis that contains all the elements required by paragraph (d)of this clause,except goals,may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause;provided— (1)the master plan has been approved, (2)the offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan,including evidence of its approval,to the Contracting Officer,and (3)goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. (g)A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items.The commercial plan shall relate to the offeror's planned subcontracting generally, for both commercial and Government business,rather than solely to the Government contract.Once the Contractor's commercial plan has been approved,the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect,as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item.A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10)of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan.This report shall be submitted within 30 days after the end of the Government's fiscal year. (h)Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (i)A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan,or an option is exercised,the goals associated with the modification or option shall be added to those in the existing subcontract plan. 0)Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 25 212-5,Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items,or when the subcontractor provides a commercial item subject to the clause at 52.244-6,Subcontracts for Commercial Items,under a prime contract. (k)The failure of the Contractor or subcontractor to comply in good faith with— (1)the clause of this contract entitled"Utilization of Small Business Concerns,"or (2)an approved plan required by this clause,shall be a material breach of the contract. Page:24 of 59 REGULATIONS INCORPORATED BY REFERENCE (1)The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov. Purchases from a corporation,company,or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports.Subcontract award data reported by prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors.Credit cannot be taken for awards made to lower tier subcontractors,unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe.Only subcontracts involving performance in the United States or its outlying areas should be included in these reports with the exception of subcontracts under a contract awarded by the State Department or any other agency that has statutory or regulatory authority to require subcontracting plans for subcontracts performed outside the United States and its outlying areas. (1)ISR. This report is not required for commercial plans.The report is required for each contract containing an individual subcontract plan. (i)The report shall be submitted semiannually during contract performance for the periods ending March 31 and September 30.A report is also required for each contract within 30 days of contract completion.Reports are due 30 days after the close of each reporting period,unless otherwise directed by the Contracting Officer. Reports are required when due,regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period. (ii)When a subcontracting plan contains separate goals for the basic contract and each option,as prescribed by FAR 19.704(c),the dollar goal inserted on this report shall be the sum of the base period through the current option;for example,for a report submitted after the second option is exercised,the dollar goal would be the sum of the goals for the basic contract,the first option,and the second option. (iii)The authority to acknowledge receipt or reject the ISR resides— (A)In the case of the prime Contractor,with the Contracting Officer;and _- (B)In the case of a subcontract with a subcontracting plan,with the entity that awarded the subcontract. (2)SSR.(i)Reports submitted under individual contract plans — (A)This report encompasses all subcontracting under prime contracts and subcontracts with the awarding agency,regardless of the dollar value of the subcontracts. (B)The report may be submitted on a corporate,company or subdivision(e.g. plant or division operating as a separate profit center)basis,unless otherwise directed by the agency. (C)If a prime Contractor and/or subcontractor is performing work for more than one executive agency,a separate report shall be submitted to each executive agency covering only that agency's contracts,provided at least one of that agency's contracts is over$700,000(over$1.5 million for construction of a public facility)and contains a subcontracting plan.For DoD,a consolidated report shall be submitted for all contracts awarded by military departments/ agencies and/or subcontracts awarded by DoD prime Contractors.However,for construction and related maintenance and repair,a separate report shall be submitted for each DoD component. (D)For DoD and NASA,the report shall be submitted semi-annually for the six months ending March 31 and the twelve months ending September 30.For civilian agencies,except NASA,it shall be submitted annually for the twelve month period ending September 30.Reports are due 30 days after the close of each reporting period. (E)Subcontract awards that are related to work for more than one executive .� agency shall be appropriately allocated. Page:25 of 59 REGULATIONS INCORPORATED BY REFERENCE (F)The authority to acknowledge or reject SSRs in eSRS,including SSRs submitted by subcontractors with subcontracting plans,resides with the Government agency awarding the prime contracts unless stated otherwise in the contract. (ii)Reports submitted under a commercial plan— (A)The report shall include all subcontract awards under the commercial plan in effect during the Government's fiscal year. (B)The report shall be submitted annually,within thirty days after the end of the Government's fiscal year. (C)If a Contractor has a commercial plan and is performing work for more than one executive agency,the Contractor shall specify the percentage of dollars attributable to each agency from which contracts for commercial items were received. (D)The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan. 52.222-1 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997) If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract,the Contractor shall immediately give notice,including all relevant information,to the Contracting Officer. 52.222-21 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) (a)Definitions.As used in this clause— Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs,and is found at www.dol.gov/ofccp/LG13'I'/[,GBT—FAQs.html. Segregated facilities means any waiting rooms,work areas,rest rooms and wash rooms,restaurants and other eating areas,time clocks,locker rooms and other storage or dressing areas,parking lots,drinking fountains,recreation or entertainment areas,transportation,and housing facilities provided for employees,that are segregated by explicit directive or are in fact segregated on the basis of race,color, religion,sex,sexual orientation,gender identity,or national origin because of written or oral policies or employee custom.The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes. Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs,and is found at www.dol.gov/ofccp/LGBT/LGBT_FAQs.htmi. (b)The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments,and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. (c)The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract. Page:26 of 59 REGULATIONS INCORPORATED BY REFERENCE 52.222-26 52.222-26 EQUAL OPPORTUNITY(APR 2015) (a)Definitions.As used in this clause— Gender identity has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs,and is found at www.dol.gov/ofccp/LGBT/LGBT FAQs.html. Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs,and is found at www.dol.gov/ofccp/LGBT/LGB"f_FAQs.html. United States means the 50 States,the District of Columbia, Puerto Rico,the Northern Mariana Islands, American Samoa,Guam,the U.S.Virgin Islands,and Wake Island. (b) (1)If,during any 12-month period(including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of$10,000,the Contractor shall comply with this clause,except for work performed outside the United States by employees who were not recruited within the United States. Upon request,the Contractor shall provide information necessary to determine the applicability of this clause. (2)If the Contractor is a religious corporation,association,educational institution,or society,the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5). (c) (1)The Contractor shall not discriminate against any employee or applicant for employment because of race,color,religion,sex,sexual orientation,gender identity,or national origin. r However,it shall not be a violation of this clause for the Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation,in connection with employment opportunities on or near an Indian reservation,as permitted by 41 CFR 60-1.5. (2)The Contractor shall take affirmative action to ensure that applicants are employed,and that employees are treated during employment,without regard to their race,color,religion,sex,or national origin.This shall include,but not be limited to— (i)Employment; (ii)Upgrading; (iii)Demotion; (iv)Transfer; (v)Recruitment or recruitment advertising; (vi)Layoff or termination; (vii)Rates of pay or other forms of compensation;and (viii)Selection for training, including apprenticeship. (3)The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. l Page:27 of 59 REGULATIONS INCORPORATED BY REFERENCE (4)The Contractor shall,in all solicitations or advertisements for employees placed by or on behalf of the Contractor,state that all qualified applicants will receive consideration for employment without regard to race,color,religion,sex,or national origin. (5)The Contractor shall send,to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,the notice to be provided by the Contracting Officer advising the labor union or workers'representative of the Contractor's commitments under this clause,and post copies of the notice in conspicuous places available to employees and applicants for employment. (6)The Contractor shall comply with Executive Order 11246,as amended,and the rules, regulations,and orders of the Secretary of Labor. (7)"The Contractor shall furnish to the contracting agency all information required by Executive Order 11246,as amended,and by the rules,regulations,and orders of the Secretary of Labor.The Contractor shall also file Standard Form 100(EEO-1),or any successor form,as prescribed in 41 CFR part 60-1.Unless the Contractor has filed within the 12 months preceding the date of contract award,the Contractor shal 1,within 30 days after contract award,apply to either the regional Office of Federal Contract Compliance Programs(OFCCP)or the local office of the Equal Employment Opportunity Commission for the necessary forms. (8)The Contractor shall permit access to its premises,during normal business hours,by the contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations.The Contractor shall permit the Government to inspect and copy any books,accounts,records(including computerized records),and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order 11246,as amended,and rules and regulations that implement the Executive Order. (9)If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation,or order of the Secretary of Labor,this contract may be canceled,terminated,or !� suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts,under the procedures authorized in Executive Order 11246,as amended. In addition,sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246,as amended; in the rules,regulations,and orders of the Secretary of Labor;or as otherwise provided by law. (10)The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules,regulations,or orders of the Secretary of Labor issued under Executive Order 11246,as amended,so that these terms and conditions will be binding upon each subcontractor or vendor. (11)The Contractor shal I take such action with respect to any subcontract or purchase order as the Contracting Officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance;provided,that if the Contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of any direction,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (d)Notwithstanding any other clause in this contract,disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. 52.222-3 52.222-3 CONVICT LABOR(JUN 2003) (a)Except as provided in paragraph(b)of this clause,the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court ,,rr of a State,the District of Columbia,Puerto Rico,the Northern Mariana Islands,American Samoa, Page:28 of 59 REGULATIONS INCORPORATED BY REFERENCE Guam,or the U.S.Virgin Islands. l ' (b)The Contractor is not prohibited from employing persons— (1)On parole or probation to work at paid employment during the term of their sentence; (2)Who have been pardoned or who have served their terms;or (3)Confined for violation of the laws of any of the States,the District of Columbia,Puerto Rico, the Northern Mariana Islands,American Samoa,Guam,or the U.S.Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction,if— (i)The worker is paid or is in an approved work training program on a voluntary basis; (ii)Representatives of local union central bodies or similar labor union organizations have been consulted; (iii)Such paid employment will not result in the displacement of employed workers,or be applied in skills,crafts,or trades in which there is a surplus of available gainful labor in the locality,or impair existing contracts for services; (iv)The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed;and (v)The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executivc Order 11755,as amended by Executive Orders 12608 and 12943. 52.222-35 52.222-35 EQUAL OPPORTUNITY FOR VETERANS(OCT 2015) (a)Definitions. As used in this clause— "Active duty wartime or campaign badge veteran,""Armed Forces service medal veteran,""disabled veteran,""protected veteran,""qualified disabled veteran,"and"recently separated veteran'have the meanings given at FAR 22.1301. (b)Equal opportunity clause.The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a),as of March 24,2014.This clause prohibits discrimination against qualified protected veterans,and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. (c)Subcontracts.The Contractor shall insert the terms of this clause in subcontracts of V 50,000 or more unless exempted by rules,regulations,or orders of the Secretary of Labor.The Contractor shall act as specified by the Director,Office of Federal Contract Compliance Programs,to enforce the terms, including action for noncompliance.Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. 52.222-37 52.222-37 EMPLOYMENT REPORTS ON VETERANS(FEB 2016) (a)Definitions. As used in this clause,"active duty wartime or campaign badge veteran,""Armed Forces service medal veteran,""disabled veteran,""protected veteran,"and`recently separated veteran,"have the meanings given in FAR 22.1301. Page:29 of 59 REGULATIONS INCORPORATED BY REFERENCE (b)Unless the Contractor is a State or local government agency,the Contractor shall report at least annually,as required by the Secretary of Labor,on— (1)The total number of employees in the contractor's workforce,by job category and hiring location,who are protected veterans(i.e.,active duty wartime or campaign badge veterans, Armed Forces service medal veterans,disabled veterans,and recently separated veterans); (2)The total number of new employees hired during the period covered by the report,and of the total,the number of protected veterans(i.e.,active duty wartime or campaign badge veterans, Armed Forces service medal veterans,disabled veterans,and recently separated veterans);and (3)'rhe maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report. (c)The Contractor shall report the above items by filing the VETS-4212"Federal Contractor Veterans' Employment Report"(see"VETS-4212 Federal Contractor Reporting"and"Filing Your VETS-4212 Report"at http://www.dol.gov/ve&vcts4212.htm). (d)The Contractor shall file VETS-4212 Reports no later than September 30 of each year. (e)The employment activity report required by paragraphs(b)(2)and(b)(3)of this clause shall reflect total new hires,and maximum and minimum number of employees,during the most recent 12-month period preceding the ending date selected for the report.Contractors may select an ending date- (1)As of the end of any pay period between July I and August 31 of the year the report is due;or (2)As of December 31,if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EF.0-1 (Standard Form 100). (�The number of veterans reported must be based on data known to the contractor when completing the VETS-4212.The contractor's knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify(in accordance with 41 CPR 60-300,42),voluntary self-disclosure by employees,or actual knowledge of veteran status by the contractor.This paragraph does not relieve an employer of liability for discrimination under 38 U.S.C.4212. (g)The Contractor shall insert the terms of this clause in subcontracts of$150,000 or more unless exempted by rules,regulations,or orders of the Secretary of Labor. 52.222-40 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT(DEC 2010) (a)During the term of this contract,the Contractor shall post an employee notice,of such size and in such form,and containing such content as prescribed by the Secretary of Labor,in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract,including all places where notices to employees are customarily posted both physically and electronically,in the languages employees speak, in accordance with 29 CFR 471.2(d)and(f). (1) Physical posting of the employee notice shall be in conspicuous places in and about the Contractor's plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relations Act and engage in activities related to the performance of the contract. (2) If the Contractor customarily posts notices to employees electronically,then the Contractor shall also post the required notice electronically by displaying prominently,on any Web site that 10 Page:30 of 59 REGULATIONS INCORPORATED BY REFERENCE is maintained by the Contractor and is customarily used for notices to employees about terms and _ conditions of employment,a link to the Department of Labor's Web site that contains the full text of the poster.The link to the Department's Web site,as referenced in(b)(3)of this section,must read,"Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers." (b)This required employee notice,printed by the Department of Labor,may be— (1)Obtained from the Division of Interpretations and Standards,Office of Labor-Management Standards,U.S.Department of Labor,200 Constitution Avenue,NW.,Room N-5609, Washington,DC 20210,(202)693-0123,or from any field office of the Office of Labor-Management Standards or Office of Federal Contract Compliance Programs; (2)Provided by the Federal contracting agency if requested; (3)Downloaded from the Office of Labor-Management Standards Web site at http://www.dol.gov/olms/regs/compliance/E0I3496.htm;or (4)Reproduced and used as exact duplicate copies of the Department of Labor's official poster. (c)The required text of the employee notice referred to in this clause is located at Appendix A,Subpart A,29 CFR Part 471. (d)The Contractor shall comply with all provisions of the employee notice and related rules, regulations,and orders of the Secretary of Labor. (e)In the event that the Contractor does not comply with the requirements set forth in paragraphs(a) through(d)of this clause,this contract may be terminated or suspended in whole or in part,and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4.Such other sanctions or remedies may be imposed as are provided by 29 CFR part 471,which implements Executive Order 13496 or as otherwise provided by law. (f1 Subcontracts. (1)The Contractor shall include the substance of this clause, including this paragraph(f), in every subcontract that exceeds$10,000 and will be performed wholly or partially in the United States, unless exempted by the rules,regulations,or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30,2009,so that such provisions will be binding upon each subcontractor. (2)The Contractor shall not procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this clause. (3)The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions,including the imposition of sanctions for noncompliance. (4)However,if the Contractor becomes involved in litigation with a subcontractor,or is threatened with such involvement,as a result of such direction,the Contractor may request the United States,through the Secretary of Labor,to enter into such litigation to protect the interests of the United States. 552.222-46 52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES(FEB 1993) ` (a)Recompetition of service contracts may in some cases result in lowering the compensation(salaries Page:31 of 59 REGULATIONS INCORPORATED BY REFERENCE and fringe benefits)paid or furnished professional employees.This lowering can be detrimental in obtaining the quality of professional services needed for adequate contract performance. It is therefore in the Government's best interest that professional employees,as defined in 29 CFR 541,be properly and fairly compensated.As part of their proposals,offerors will submit a total compensation plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract.The Government will evaluate the plan to assure that it reflects a sound management approach and understanding of the contract requirements.This evaluation will include an assessment of the offerors ability to provide uninterrupted high-quality work.The professional compensation proposed will be considered in terms of its impact upon recruiting and retention,its realism,and its consistency with a total plan for compensation.Supporting information will include data,such as recognized national and regional compensation surveys and studies of professional,public and private organizations,used in establishing the total compensation structure. (b)The compensation levels proposed should reflect a clear understanding of work to be performed and should indicate the capability of the proposed compensation structure to obtain and keep suitably qualified personnel to meet mission objectives.The salary rates or ranges must take into account differences in skills,the complexity of various disciplines,and professional job difficulty.Additionally, proposals envisioning compensation levels lower than those of predecessor contractors for the same work will be evaluated on the basis of maintaining program continuity,uninterrupted high-quality work,and availability of required competent professional service employees.Offerors are cautioned that lowered compensation for essentially the same professional work may indicate lack of sound management judgment and lack of understanding of the requirement. (c)The Government is concerned with the quality and stability of the work force to be employed on this contract.Professional compensation that is unrealistically low or not in reasonable relationship to the various job categories,since it may impair the Contractor's ability to attract and retain competent professional service employees,may be viewed as evidence of failure to comprehend the complexity of the contract requirements. (d)Failure to comply with these provisions may constitute sufficient cause to justify rejection of a proposal. 52.223-18 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING(AUG 2011) (a)Definitions.As used in this clause— "Driving" — (1)Means operating a motor vehicle on an active roadway with the motor running,including while temporarily stationary because of traffic,a traffic light,stop sign,or otherwise. (2)Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of,or off,an active roadway and has halted in a location where one can safely remain stationary. "Text messaging"means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting,e-mailing,instant messaging,obtaining navigational information,or engaging in any other form of electronic data retrieval or electronic data communication.The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle,provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b)This clause implements Executive Order 13513,Federal Leadership on Reducing Text Messaging while Driving,dated October 1,2009. 10 Page:32 of 59 REGULATIONS INCORPORATED BY REFERENCE (c)'I'he Contractor should— (1)Adopt and enforce policies that ban text messaging while driving— (i)Company-owned or-rented vehicles or Government-owned vehicles;or (ii)Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2)Conduct initiatives in a manner commensurate with the size of the business,such as— (i)Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving;and (ii)Education,awareness,and other outreach to employees about the safety risks associated with texting while driving. (d)Subcontracts.The Contractor shall insert the substance of this clause,including this paragraph(d), in all subcontracts that exceed the micro-purchase threshold. 52.223-5 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION(MAY 2011) (a)Definitions_As used in this clause— Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65. (b)Federal facilities are required to comply with the provisions of the Emergency Planning and —` Community Right-to-Know Act of 1986(EPCRA)(42 U.S.C. 11001-11050),and the Pollution Prevention Act of 1990(PPA)(42 U.S.C. 13101-13109). (c)The Contractor shall provide all information needed by the Federal facility to comply with the following: (1)The emergency planning reporting requirements of Section 302 of EPCRA. (2)The emergency notice requirements of Section 304 of EPCRA. (3)The list of Material Safety Data Sheets,required by Section 311 of EPCRA. (4)The emergency and hazardous chemical inventory forms of Section 312 of EPCRA. (5)The toxic chemical release inventory of Section 313 of EPCRA,which includes the reduction and recycling information required by Section 6607 or PPA. (6)The toxic chemical and hazardous substance release and use reduction goals of section 2(e)of Executive Order 13423 and of Executive Order 13514. 52.224-1 52.224-1 PRIVACY ACT NOTIFICATION(APR 1984) The Contractor will be required to design,develop,or operate a system of records on individuals,to accomplish an agency function subject to the Privacy Act of 1974,Public Law 93-579,December 31, 1974 (5 U.S.C.552a)and applicable agency regulations.Violation of the Act may involve the imposition of Page:33 of 59 REGULATIONS INCORPORATED BY REFERENCE criminal penalties. 52.224-2 52.224-2 PRIVACY ACT(APR 1984) (a)The Contractor agrees to— (1)Comply with the Privacy Act of 1974(the Act)and the agency rules and regulations issued under the Act in the design,development,or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies— (i)The systems of records;and (ii)7'he design,development,or operation work that the Contractor is to perform; (2)Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation,when the work statement in the proposed subcontract requires the redesign,development,or operation of a system of records on individuals that is subject to the Act;and (3) Include this clause,including this subparagraph(3),in all subcontracts awarded under this contract which requires the design,development,or operation of such a system of records. (b) In the event of violations of the Act,a civil action may be brought against the agency involved when the violation concerns the design,development,or operation of a system of records on individuals to accomplish an agency function,and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function.For purposes of the Act,when the contract is for the operation of a system of records on individuals to accomplish an agency function,the Contractor is considered to be an employee of the agency. (c)(1)"Operation of a system of records,"as used in this clause,means performance of any of the activities associated with maintaining the system of records,including the collection,use,and dissemination of records. (2)"Record,"as used in this clause,means any item,collection,or grouping of information about an individual that is maintained by an agency,including,but not limited to,education,financial transactions,medical history,and criminal or employment history and that contains the person's name,or the identifying number,symbol,or other identifying particular assigned to the individual,such as a fingerprint or voiceprint or a photograph. (3)"System ofrecords on individuals,"as used in this clause,means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number,symbol,or other identifying particular assigned to the individual. 52.225-13 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) (a)Except as authorized by the Office of Foreign Assets Control(OFAC)in the Department of the Treasury,the Contractor shall not acquire,for use in the performance of this contract,any supplies or services if any proclamation,Executive order,or statute administered by OFAC,or if OFAC's implementing regulations at 31 CFR chapter V,would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b)Except as authorized by OFAC,most transactions involving Cuba, Iran,and Sudan arc prohibited, Page:34 of 59 REGULATIONS INCORPORATED BY REFERENCE as are most imports from Burma or North Korea,into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn.More information about these restrictions,as well as updates,is available in the OFAC's regulations at 31 CFR chapter V and/or on OFAC's Web site at http://www.treas.gov/olTices/enforcement/ofac. (c)The Contractor shall insert this clause,including this paragraph(c),in all subcontracts. 52.225-25 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPESENTATIONS AND CERTIFICATION(OCT 2015) (a)Definition.As used in this provision— "Person"— (1)Means— (i)A natural person; (ii)A corporation,business association,partnership,society,trust,financial institution, insurer,underwriter,guarantor,and any other business organization,any other nongovernmental entity,organization,or group,and any governmental entity operating as a business enterprise;and (iii)Any successor to any entity described in paragraph(1)(ii)of this definition;and (2)Does not include a government or governmental entity that is not operating as a business enterprise. "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)). (b)The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (c)Except as provided in paragraph(d)of this provision or if a waiver has been granted in accordance with 25.703-4,by submission of its offer,the offeror— (1)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; (2)Certifies that the offeror,or any person owned or controlled by the offeror,does not engage in Page:35 of 59 REGULATIONS INCORPORATED BY REFERENCE any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran,sale and provision of refined petroleum products to Iran,and contributing to Iran's ability to acquire or develop certain weapons or technologies;and (3)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/tl I sdn.pd o. (d)Exception for trade agreements.The representation requirement of paragraph(c)(1)and the certification requirements of paragraphs(c)(2)and(c)(3)of this provision do not apply if— (I)This solicitation includes a trade agreements notice or certification(e.g.,52.225-4,52.225-6, 2s ,225-12,52 2. 25-24,or comparable agency provision);and (2)The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material. 52.225-5 52.225-5 TRADE AGREEMENTS(FEB 2016) (a)Definitions.As used in this clause— "Caribbean Basin country end product"— (I)Means an article that— (i) (A)Is wholly the growth,product,or manufacture of a Caribbean Basin country; or (B)In the case of an article that consists in whole or in part of materials from another country,has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name,character,or use distinct from that of the article or articles from which it was transformed;and (ii)Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C.2703(b). (A)For this reason,the following articles are not Caribbean Basin country end products: (I)Tuna,prepared or preserved in any manner in airtight containers; (2)Petroleum,or any product derived from petroleum, (3)Watches and watch parts(including cases,bracelets,and straps)of whatever type including,but not limited to,mechanical,quartz digital,or quartz analog,if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States(FITSUS)column 2 rates of duty apply(i.e., Afghanistan,Cuba, Laos,North Korea,and Vietnam);and (4)Certain of the following:textiles and apparel articles; footwear, handbags,luggage,flat goods,work gloves,and leather wearing apparel; Page:36 of 59 REGULATIONS INCORPORATED BY REFERENCE or handloomed,handmade,and folklore articles; (B)Access to the HTSUS to determine duty-free status of articles of these types is available at http://www.usitc.gov/tata/hts/. In particular,see the following: (1)General Note 3(c), Products Eligible for Special Tariff treatment. (2)General Note 17,Products of Countries Designated as Beneficiary Countries under the United States-Caribbean Basin Trade Partnership Act of 2000. (3)Section XXIL Chapter 98,Subchapter II,Articles Exported and Returned,Advanced or Improved Abroad, U.S.Note 7(b). (4)Section XXII,Chapter 98,Subchapter XX,Goods Eligible for Special Tariff Benefits under the United States-Caribbean Basin Trade Partnership Act;and (2)Refers to a product offered for purchase under a supply contract,but for purposes of calculating the value of the acquisition, includes services(except transportation services) incidental to the article,provided that the value of those incidental services does not exceed that of the article itself. "Designated country"means any of the following countries: (1)A World Trade Organization Government Procurement Agreement(WTO GPA)country (Armenia,Aruba,Austria,Belgium,Bulgaria,Canada,Croatia,Cyprus,Czech Republic, Denmark,Estonia,Finland,I-rance,Germany,Greece,Hong Kong,I lungary,Iceland,Ireland, Israel, Italy,Japan,Korea(Republic of),Latvia,Liechtenstein,Lithuania,Luxembourg,Malta, Montenegro,Netherlands,New Zealand,Norway,Poland,Portugal, Romania,Singapore,Slovak Republic,Slovenia,Spain,Sweden,Switzerland,Taiwan(known in the World Trade Organization as"the Separate Customs Territory of Taiwan,Penghu,Kinmen and Matsu (Chinese"Taipei)'),or United Kingdom); (2)A Frec Trade Agreement(FTA)country(Australia,Bahrain,Canada,Chile,Colombia,Costa Rica,Dominican Republic,El Salvador,Guatemala, Honduras,Korea(Republic of), Mexico, Morocco,Nicaragua,Oman,Panama,Peru,or Singapore); (3)A least developed country(Afghanistan,Angola,Bangladesh,Benin,Bhutan, Burkina Faso, Burundi,Cambodia,Central African Republic,Chad,Comoros,Democratic Republic of Congo, Djibouti,Equatorial Guinea,Eritrea,Ethiopia,Gambia,Guinea,Guinea-Bissau,Haiti,Kiribati, Laos,Lesotho,Liberia,Madagascar,Malawi,Mali,Mauritania,Mozambique,Nepal,Niger, Rwanda,Samoa,Sao Tome and Principe,Senegal,Sierra Leone,Solomon Islands,Somalia, South Sudan,Tanzania,Timor-Leste,Togo,Tuvalu,Uganda,Vanuatu,Yemen,or Zambia);or (4)A Caribbean Basin country(Antigua and Barbuda,Aruba,Bahamas,Barbados,Belize, Bonaire,British Virgin Islands,Curacao,Dominica,Grenada,Guyana,Haiti,Jamaica, Montserrat,Saba, St.Kitts and Ncvis,St. Lucia,St.Vincent and the Grenadines,Sint Eustatius, Sint Maarten,or Trinidad and"Tobago). "Designated country end product"means a WTO GPA country end product,an FTA country end product,a least developed country end product,or a Caribbean Basin country end product. "End product"means those articles,materials,and supplies to be acquired under the contract for public use. "Free Trade Agreement country end product"means an article that— Page:37 of 59 REGULATIONS INCORPORATED BY REFERENCE (1)Is wholly the growth,product,or manufacture of a Free Trade Agreement(FTA)country;or (2)In the case of an article that consists in whole or in part of materials from another country,has been substantially transformed in an FTA country into a new and different article of commerce with a name,character,or use distinct from that of the article or articles from which it was transformed.The term refers to a product offered for purchase under a supply contract,but for purposes of calculating the value of the end product includes services(except transportation services)incidental to the article,provided that the value of those incidental services does not exceed that of the article itself. "Least developed country end product"means an article that— (1)Is wholly the growth,product,or manufacture of a least developed country;or (2)In the case of an article that consists in whole or in part of materials from another country,has been substantially transformed in a least developed country into a new and different article of commerce with a name,character,or use distinct from that of the article or articles from which it was transformed.The term refers to a product offered for purchase under a supply contract,but for purposes of calculating the value of the end product,includes services(except transportation services)incidental to the article,provided that the value of those incidental services does not exceed that of the article itself -United States"means the 50 States,the District of Columbia,and outlying areas. "U.S.-made end product"means an article that is mined,produced,or manufactured in the United States or that is substantially transformed in the United States into a new and different article of commerce with a name,character,or use distinct from that of the article or articles from which it was transformed. "WTO GPA country end product''means an article that— (1)Is wholly the growth,product,or manufacture of a WTO GPA country;or (2)In the case of an article that consists in whole or in part of materials from another country,has been substantially transformed in a WTO GPA country into a new and different article of commerce with a name,character,or use distinct from that of the article or articles from which it was transformed.The term refers to a product offered for purchase under a supply contract,but for purposes of calculating the value of the end product includes services,(except transportation services)incidental to the article,provided that the value of those incidental services does not exceed that of the article itself. (b)Delivery of end products.The Contracting Officer has determined that the WTO GPA and FTAs apply to this acquisition. Unless otherwise specified,these trade agreements apply to all items in the Schedule.The Contractor shall deliver under this contract only U.S.-made or designated country end products except to the extent that,in its offer,it specified delivery of other end products in the provision entitled"Trade Agreements Certificate." 52.228-5 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION(JAN 1997) (a)The Contractor shall,at its own expense,provide and maintain during the entire performance of this contract,at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b)Before commencing work under this contract,the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained.The policies evidencing required insurance shall Page:38 of 59 REGULATIONS INCORPORATED BY REFERENCE contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (1)For such period as the laws of the State in which this contract is to be performed prescribe;or (2)Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer,whichever period is longer. (c)The Contractor shall insert the substance of this clause,including this paragraph(c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract.The Contractor shall maintain a copy of all subcontractors'proofs of required insurance,and shall make copies available to the Contracting Officer upon request. 52.229-1 52.229-1 STATE AND LOCAL TAXES(APR 1984)(DEVIATION 1 —MAY 2003) Notwithstanding the terms of the Federal,State,and Local'faxes clause,the contract price excludes all State and local taxes levied on or measured by the contract or sales price of the services or completed supplies furnished under this contract.The Contractor shall state separately on its invoices taxes excluded from the contract price,and the ordering activity agrees either to pay the amount of the taxes to the Contractor or provide evidence necessary to sustain an exemption. 52.229-3 52.229-3 FEDERAL,STATE,AND LOCAL TAXES(FEB 2013) (DEVIATION—FEB 2007) (a)As used in this clause— "After-imposed Federal tax"means any new or increased Federal excise tax or duty,or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period,on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative,judicial,or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes. "After-relieved Federal tax"means any amount of Federal excise tax or duty,except social security or other employment taxes,that would otherwise have been payable on the transactions or property covered by this contract,but which the Contractor is not required to pay or bear,or for which the Contractor obtains a refund or drawback,as the result of legislative,judicial,or administrative action taking effect after the contract date. "All applicable Federal,State,and local taxes and duties"means all taxes and duties,in effect on the contract date,that the taxing authority is imposing and collecting on the transactions or property covered by this contract. "Contract date"means the date set for bid opening or,if this is a negotiated contract or a modification, the effective date of this contract or modification. "Local taxes'includes taxes imposed by a possession or territory of the United States, Puerto Rico,or the Northern Mariana Islands,if the contract is performed wholly or partly in any of those areas. (b) (1)The contract price includes all applicable Federal,State,and local taxes and duties, except as provided in subparagraph(b)(2)(i)of this clause. Page:39 of 59 REGULATIONS INCORPORATED BY REFERENCE (2)Taxes imposed under 26 U.S.C.5000C may not be— (i)Included in the contract price;nor (ii)Reimbursed. (c)The contract price shall be increased by the amount of any after-imposed Federal tax,provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price,as a contingency reserve or otherwise. (d)The contract price shall be decreased by the amount of any after-relieved Federal tax. (c)The contract price shall be decreased by the amount of any Federal excise tax or duty,except social security or other employment taxes,that the Contractor is required to pay or bear,or does not obtain a refund of,through the Contractor's fault,negligence,or failure to follow instructions of the Contracting Officer. (f)No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds$250. (g)The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. (h)The ordering activity shall,without liability,furnish evidence appropriate to establish exemption from any Federal, State,or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption. 52.232-33 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT(JUL 2013) (a)Method of payment. (1)All payments by the Government under this contract shall be made by electronic funds transfer(EFT),except as provided in paragraph(a)(2)of this clause.As used in this clause,the term"EFT"refers to the funds transfer and may also include the payment information transfer. (2)In the event the Government is unable to release one or more payments by EFT,the Contractor agrees to either— (i)Accept payment by check or some other mutually agreeable method of payment;or (ii)Request the Government to extend the payment due date until such time as the Government can make payment by EFT(but see paragraph(d)of this clause). (b)Contractor's EFT information.The Government shall make payment to the Contractor using the El-f information contained in the System for Award Management(SAM)database. In the event that the EFT information changes,the Contractor shall be responsible for providing the updated information to the SAM database. (c)Mechanisms for EFT payment.The Government may make payment by EFT through either the Automated Clearing House(ACH)network,subject to the rules of the National Automated Clearing House Association,or the Fedwire Transfer System.The rules governing Federal payments through the ACI i are contained in 31 CFR part 210. Page:40 of 59 REGULATIONS INCORPORATED BY REFERENCE (d)Suspension of payment. If the Contractor's EFf information in the SAM database is incorrect,then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the SAM database;and any invoice or contract financing request shall be �.._ deemed not to be a proper invoice for the purpose of prompt payment under this contract.The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (e)Liability for uncompleted or erroneous transfers. (1)If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly,the Government remains responsible for— (i)Making a correct payment; (ii)Paying any prompt payment penalty due;and (iii)Recovering any erroneously directed funds. (2)If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect,or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System,and— (i)If the funds are no longer under the control of the payment office,the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds;or (ii)If the funds remain under the control of the payment office,the Government shall not make payment,and the provisions of paragraph(d)of this clause shall apply. {fj EFT and prompt payment.A payment shall be deemed to have been made in a timely manner in ' accordance with the prompt payment terms of this contract if,in the EFT payment transaction instruction released to the Federal Reserve System,the date specified for settlement of the payment is on or before the prompt payment due date,provided the specified payment date is a valid date under the rules of the Federal Reserve System. (g)EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract,the Contractor shall require as a condition of any such assignment,that the assignee shall register separately in the SAM database and shall be paid by EFT in accordance with the terms of this clause.Notwithstanding any other requirement of this contract,payment to an ultimate recipient other than the Contractor,or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8,is not permitted.In all respects,the requirements of this clause shall apply to the assignee as if it were the Contractor.EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government,is incorrect EFT information within the meaning of paragraph(d)of this clause. (h)Liability for change of EI'T information by financial agent.The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. (i)Payment information.The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System.The Government may request the Contractor to designate a desired format and method(s)for delivery of payment information from a list of formats and methods the payment office is capable of executing.However,the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph(a)of this clause,the Government shall mail the payment �._.- information to the remittance address contained in the SAM database. Page:41 of 59 REGULATIONS INCORPORATED BY REFERENCE 52.232-37 52.232-37 MULTIPLE PAYMENT ARRANGEMENTS(MAY 1999) This contract or agreement provides for payments to the Contractor through several alternative methods.The applicability of specific methods of payment and the designation of the payment office(s)are either stated— (a)Elsewhere in this contract or agreement;or (b) In individual orders placed under this contract or agreement. 52.233-1 52.233-1 DISPUTES(MAY 2014) (a)This contract is subject to 41 U.S.0 chapter 71,Contract Disputes. (b)Except as provided in 41 U.S.0 chapter 71,all disputes arising under or relating to this contract shall be resolved under this clause. (c)"Claim as used in this clause,means a written demand or written assertion by one of the contracting parties seeking,as a matter of right,the payment of money in a sum certain,the adjustment or interpretation of contract terms,or other relief arising under or relating to this contract.However,a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.0 chapter 71 until certified.A voucher,invoice,or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.0 chapter 71.The submission may be converted to a claim under 41 U.S.0 chapter 71,by complying with the submission and certification requirements of this clause,if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1)A claim by the Contractor shall be made in writing and,unless otherwise stated in this contract,submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision.A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i)The Contractor shall provide the certification specified in paragraph(d)(2)(iii)of this clause when submitting any claim exceeding$100,000. (ii)The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii)The certification shall state as follows:"I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief;that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable;and that I am authorized to certify the claim on behalf of the Contractor." (3)The certification may be executed by any person authorized to bind the Contractor with respect to the claim. (e)For Contractor claims of$50,000 or less,the Contracting Officer must,if requested in writing by the Contractor,render a decision within 60 days of the request.For Contractor-certified claims over $50,000,the Contracting Officer must,within 60 days,decide the claim or notify the Contractor of the date by which the decision will be made. (f)The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.0 chapter 71. 0 Page.42 of 59 REGULATIONS INCORPORATED BY REFERENCE (g)If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor,the parties,by mutual consent,may agree to use alternative dispute resolution(ADR). If the Contractor refuses an offer for ADR,the Contractor shall inform the Contracting Officer,in writing,of the Contractor's specific reasons for rejecting the offer. (h)The Government shall pay interest on the amount found due and unpaid from(1)the date that the Contracting Officer receives the claim(certified,if required);or(2)the date that payment otherwise would be due,if that date is later,until the date of payment. With regard to claims having defective certifications,as defined in FAR 33,201,interest shall be paid from the date that the Contracting Officer initially receives the claim.Simple interest on claims shall be paid at the rate,fixed by the Secretary of the"Treasury as provided in the Act,which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i)'The Contractor shall proceed diligently with performance of this contract,pending final resolution of any request for relief,claim,appeal,or action arising under the contract,and comply with any decision of the Contracting Officer. 62.233-3 52.233-3 PROTEST AFTER AWARD(AUG 1996) (a)Upon receipt of a notice of protest(as defined in FAR 33.101)or a determination that a protest is likely(see FAR 33.102(d)),the Contracting Officer may,by written order to the Contractor,direct the Contractor to stop performance of the work called for by this contract.The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest,the Contracting Officer shall either— (1)Cancel the stop-work order;or (2)Terminate the work covered by the order as provided in the Default,or the"termination for Convenience of the Government,clause of this contract. (b)If a stop-work order issued under this clause is canceled either before or after a final decision in the protest,the Contractor shall resume work.The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both,and the contract shall be modified,in writing, accordingly,if— (1)The stop-work order results in an increase in the time required for,or in the Contractor's cost properly allocable to,the performance of any part of this contract;and (2)The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage;provided,that if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the request at any time before final payment under this contract. (c)If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d)If a stop-work order is not canceled and the work covered by the order is terminated for default,the Contracting Officer shall allow,by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order. % (c)The Government's rights to terminate this contract at anytime are not affected by action taken under this clause. Page:43 of 59 REGULATIONS INCORPORATED BY REFERENCE (f)If,as the result of the Contractor's intentional or negligent misstatement,misrepresentation,or miscertification,a protest related to this contract is sustained,and the Government pays costs,as provided in FAR 33.102(b)(2),or 33.104(h)(1),the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available,and pursuant to the requirements of Subpart 32.6,the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government. 52.233-4 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM(OCT 2004) United States law will apply to resolve any claim of breach of this contract. 52.237-1 52.237-1 SITE VISIT(APR 1984) Offerors or quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable.In no event shall failure to inspect the site constitute grounds for a claim after contract award. 52.237-2 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT,AND VEGETATION(APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings,equipment,and vegetation on the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this property,the Contractor shall replace or repair the damage at no expense to the Government as the Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement,the Contractor shall be liable for the cost,which may be deducted from the contract price. 52.239-1 52.239-1 PRIVACY OR SECURITY SAFEGUARDS(AUG 1996) (a)The Contractor shall not publish or disclose in any manner,without the Contracting Officer's written consent,the details of any safeguards either designed or developed by the Contractor under this contract or otherwise provided by the Government. (b)To the extent required to carry out a program of inspection to safeguard against threats and hazards to the security,integrity,and confidentiality of Government data,the Contractor shall afford the Government access to the Contractor's facilities,installations,technical capabilities,operations, documentation,records,and databases. (c)If new or unanticipated threats or hazards are discovered by either the Government or the Contractor,or if existing safeguards have ceased to function,the discoverer shall immediately bring the situation to the attention of the other party. 52.242-13 52.242-13 BANKRUPTCY(JUL 1995) In the event the Contractor enters into proceedings relating to bankruptcy,whether voluntary or involuntary, the Contractor agrees to furnish,by certified mail or electronic commerce method authorized by the contract, written notification of the bankruptcy to the Contracting Officer responsible for administering the contract. Page:44 of 59 REGULATIONS INCORPORATED BY REFERENCE This notification shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing.This notification shall include the date on which the bankruptcy petition was filed,the identity of the court in which the bankruptcy petition was filed,and a listing of Government contract numbers and \_ contracting offices for all Government contracts against which final payment has not been made.This obligation remains in effect until final payment under this contract. 52.242-15 52.242-15 STOP-WORK ORDER(AUG 1989) (a)The Contracting Officer may,at any time,by written order to the Contractor,require the Contractor to stop all,or any part,of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor,and for any further period to which the parties may agree.The order shall be specifically identified as a stop-work order issued under this clause.Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor,or within any extension of that period to which the parties shall have agreed,the Contracting Officer shall either— (1)Cancel the stop-work order;or (2)Terminate the work covered by the order as provided in the Default,or the Termination for Convenience of the Government,clause of this contract. (b)If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires,the Contractor shall resume work.The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both,and the contract shall be modified,in writing,accordingly,if— (1)The stop-work order results in an increase in the time required for,or in the Contractor's cost properly allocable to,the performance of any part of this contract;and (2)The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;provided,that,if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c)If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. (d)If a stop-work order is not canceled and the work covered by the order is terminated for default,the Contracting Officer shall allow,by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order. 52.246-4 52.246-4 INSPECTION OF SERVICES—FIXED-PRICE(AUG 1996) (DEVIATION-MAY 2003) (a)Definition:"Services,"as used in this clause,includes services performed,workmanship,and material furnished or utilized in the performance of services. (b)The Contractor shall provide and maintain an inspection system acceptable to the ordering activity covering the services under this contract.Complete records oral I inspection work performed by the Contractor shall be maintained and made available to the ordering activity during contract performance and for as long afterwards as the contract requires. Page:45 of 59 REGULATIONS INCORPORATED BY REFERENCE (c)The ordering activity has the right to inspect and test all services called for by the contract,to the extent practicable at all times and places during the term of the contract.The ordering activity shall perform inspections and tests in a manner that will not unduly delay the work. (d)If the ordering activity performs inspections or tests on the premises of the Contractor or a subcontractor,the Contractor shall furnish,and shall require subcontractors to furnish,at no increase in contract price,all reasonable facilities and assistance for the safe and convenient performance of these duties. (e)If any of the services do not conform with contract requirements,the ordering activity may require the Contractor to perform the services again in conformity with contract requirements,at no increase in contract amount.When the defects in services cannot be corrected by reperformance,the ordering activity may— (1)Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements;and (2)Reduce the contract price to reflect the reduced value of the services performed. (f)If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements,the ordering activity may-- (1)By contract or otherwise,perform the services and charge to the Contractor any cost incurred by the ordering activity that is directly related to the performance of such service;or (2)Terminate the contract for default. 52.247-34 52.247-34 F.O.B. DESTINATION(NOV 1991)(DEVIATION—MAY 2003) �J (a)The term"f.o.b.destination,"as used in this clause,means— (1)Free of expense to the ordering activity,on board the carrier's conveyance,at a specified delivery point where the consignee's facility(plant,warehouse,store,lot,or other location to which shipment can be made)is located;and (2)Supplies shall be delivered to the destination consignee's wharf(if destination is a port city and supplies are for export),warehouse unloading platform,or receiving dock,at the expense of the Contractor.The ordering activity shall not be liable for any delivery,storage,demurrage, accessorial,or other charges involved before the actual delivery(or"constructive placement"as defined in carrier tariffs)of the supplies to the destination,unless such charges are caused by an act or order of the ordering activity acting in its contractual capacity.If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including"piggyback")is used,supplies shall be delivered to truck tailgate at the unloading platform of the consignee,except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for"heavy or bulky freight."When supplies meeting the requirements of the referenced Item 568 are delivered,unloading(including movement to the tailgate)shall be performed by the consignee,with assistance from the truck driver,if requested. If the Contractor uses rail carrier or freight forwarder for less than carload shipments,the Contractor shall ensure that the carrier will furnish tailgate delivery,when required,if transfer to truck is required to complete delivery to consignee. (b)The Contractor shall— (1)(i)Pack and mark the shipment to comply with contract specifications;or Page:46 of 59 REGULATIONS INCORPORATED BY REFERENCE (ii)In the absence of specifications,prepare the shipment in conformance with carrier requirements; -' (2)Prepare and distribute commercial bills of lading; (3)Deliver the shipment in good order and condition to the point of delivery specified in the contract; (4)Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract; (5)Furnish a delivery schedule and designate the mode of delivering carrier;and (6)Pay and bear all charges to the specified point of delivery. 52.247-38 52.247-38 F.o.b. Inland Carrier, Point of Exportation(FEB 2006) (DEVIATION—FEB 2007) (a)The term"f.o.b. inland carrier,point of exportation,"as used in this clause,means free of expense to the ordering activity,on board the conveyance of the inland carrier,delivered to the specified point of exportation. (b)The Contractor shall— (1)(i)Pack and mark the shipment to comply with contract specifications;or (ii)In the absence of specifications,prepare the shipment for ocean transportation in ,4 conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge; (2)Prepare and distribute commercial bills of lading or other transportation receipt; (3)(i)Deliver the shipment in good order and condition in or on the conveyance of the carrier on the date or within the period specified;and (ii)Pay and bear all applicable charges,including transportation costs,to the point of delivery specified in the contract; (4)Be responsible for any loss of and/or damage to the goods occurring before delivery of the shipment to the point of delivery in the contract;and (5)At the ordering activity's request and expense,assist in obtaining the documents required for— (i)Exportation;or (ii)Importation at destination. 52.247-39 52.247-39 F.O.B. INLAND POINT,COUNTRY OF IMPORTATION (APR 1984) (a)The term'To.b.inland point,country of importation,"as used in this clause,means free of expense to the Government,on board the indicated type of conveyance of the carrier,delivered to the specified Page:47 of 59 REGULATIONS INCORPORATED BY REFERENCE inland point where the consignee's facility is located. (b)The Contractor shall— (1)(i)Pack and mark the shipment to comply with contract specifications;or (ii)In the absence of specifications,prepare the shipment for ocean transportation in conformance with carrier requirements to protect the goods; (2)(i)Deliver,in or on the inland carrier's conveyance,the shipment in good order and condition to the specified inland point where the consignee's facility is located;and (ii)Pay and bear all applicable charges incurred up to the point of delivery,including transportation costs;export,import,or other fees or taxes;costs of landing;wharfage costs;customs duties and costs of certificates of origin;consular invoices;and other documents that may be required for importation;and (3)Be responsible for any loss of and/or damage to the goods until their arrival on or in the carrier's conveyance at the specified inland point. 52.251-1 52.251-1 GOVERNMENT SUPPLY SOURCES(APR 2012) The Contracting Officer may issue the Contractor an authorization to use Government supply sources in the performance of this contract.Title to all property acquired by the Contractor under such an authorization shall vest in the Government unless otherwise specified in the contract.The provisions of the clause at FAR 52.245-1,Government Property,apply to all property acquired under such authorization. 552.203-71 552.203-71 RESTRICTION ON ADVERTISING(SEP 1999) The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President,or any other element of the Federal Government,or is considered by these entities to be superior to other products or services.Any advertisement by the Contractor,including price-off coupons,that refers to a military resale activity shall contain the following statement:"This advertisement is neither paid for nor sponsored,in whole or in part,by any element of the United States Government." 552.211-73 552.211-73 MARKING (FEB 1996) (a)General requirements. Interior packages,if any,and exterior shipping containers shall be marked as specified elsewhere in the contract.Additional marking requirements may be specified on delivery orders issued under the contract.If not otherwise specified,interior packages and exterior shipping containers shall be marked in accordance with the following standards. (1)Deliveries to civilian activities. Supplies shall be marked in accordance with Federal Standard 123,edition in effect on the date of issuance of the solicitation. (2)Deliveries to military activities.Supplies shall be marked in accordance with Military Standard 129,edition in effect on the date of issuance of the solicitation. (b)Improperly marked material.When Goverment inspection and acceptance are at destination,and delivered supplies are not marked in accordance with contract requirements,the Government has the Page:48 of 59 REGULATIONS INCORPORATED BY REFERENCE right,without prior notice to the Contractor to perform the required marking,by contract or otherwise, and charge the Contractor,therefor at the rate specified elsewhere in this contract.This right is not s exclusive,and is in addition to other rights or remedies provided for in this contract. 552.211-75 552.211-75 PRESERVATION,PACKAGING,AND PACKING (FEB 1996) (ALTERNATE 1- MAY 2003) Unless otherwise specified,all items shall be preserved,packaged,and packed in accordance with normal commercial practices,as defined in the applicable commodity specification.Packaging and packing shall comply with the requirements of the Uniform Freight Classification and the National Motor Freight Classification(issue in effect at time of shipment)and each shipping container of each item in a shipment shall be of uniform size and content,except for residual quantities.Where special or unusual packing is specified in an order,but not specifically provided for by the contract,such packing details must be the subject of an agreement independently arrived at between the ordering activity and the Contractor. 552.211-77 552.211-77 PACKING LIST(FEB 1996) (ALTERNATE I—MAY 2003) (a)A packing list or other suitable shipping document shall accompany each shipment and shall indicate:(1)Name and address of consignor;(2)Name and complete address of consignee;(3) Ordering activity order or requisition number;(4)Government bill of lading number covering the shipment(if any);and(5)Description of the material shipped,including item number,quantity,number of containers,and package number(if any). (b)When payment will be made by Ordering activity commercial credit card,in addition to the information in(a)above,the packing list or shipping document shall include:(1)Cardholder name and telephone number;and(2)the term"Credit Card." 552.215-71 552.215-71 EXAMINATION OF RECORDS BY GSA(MULTIPLE AWARD SCHEDULE)(JUL 2003) The Contractor agrees that the Administrator of General Services or any duly authorized representative shall have access to and the right to examine any books,documents,papers and records of the Contractor involving transactions related to this contract for overbillings,billing errors,compliance with the Price Reduction clause and compliance with the Industrial Funding Fee and Sales Reporting clause of this contract.This authority shall expire 3 years after final payment.The basic contract and each option shall be treated as separate contracts for purposes of applying this clause. 552.223-73 552.223-73 PRESERVATION,PACKAGING, PACKING, MARKING AND LABELING OF HAZARDOUS MATERIALS(HAZMAT)FOR SHIPMENTS(JUN 2015) (a)Definition. United States,as used in this clause,means the 48 adjoining U.S.States,Alaska,Hawaii, and U.S.territories and possessions,such as Puerto Rico. (b)Preservation,packaging,packing,marking and labeling of hazardous materials for export shipment outside the United States in all transport modes shall comply with the following,as applicable: (1)International Maritime Dangerous Goods(IMDG)Code as established by the International Maritime Organization(IMO). Page:49 of 59 REGULATIONS INCORPORATED BY REFERENCE (2)U.S. Department of Transportation(DOT)Hazardous Material Regulation(HMR)49 CFR parts 171 through 180. (Note:Classifications permitted by the HMR,but not permitted by the IMDG code,such as Consumer Commodities classed as ORM—D,shall be packaged in accordance with the IMDG Code and dual-marked with both Consumer Commodity and IMDG marking and labeling.) (3)Occupational Safety and Health Administration(OSHA)Regulation 29 CFR part 1910.1200. (4)International Air Transport Association(IATA),Dangerous Goods Regulation and/or International Civil Aviation Organization(ICAO),Technical Instructions. (5)AFMAN 24-204,Air Force Inter-Service Manual, Preparing Hazardous Materials For Military Air Shipments. (6)Any preservation,packaging,packing,marking and labeling requirements contained elsewhere in this solicitation and contract. (c)Preservation,packaging,packing,marking and labeling of hazardous materials for domestic shipments within the United States in all transport modes shall comply with the following;as applicable: (1)U.S. Department of Transportation(DOT)Hazardous Material Regulation(I-IMR)49 CFR parts 171 through 180. (2)Occupational Safety and Health Administration(OSHA)Regulation 29 CFR part 1910.1200. (3)Any preservation,packaging,packing,marking and labeling requirements contained elsewhere in this solicitation and contract. (d)Hazardous Material Packages designated for outside the United States destinations through Forwarding Points,Distribution Centers,or Container Consolidation Points(CCPs)shall comply with the IMDG,IATA,ICAO or AFMAN 24-204 codes,as applicable. (e)The test certification data showing compliance with performance-oriented packaging or UN-approved packaging requirements shall be made available to GSA contract administration/management representatives or regulatory inspectors upon request. 552.229-70 552.229-70 FEDERAL,STATE,AND LOCAL TAXES (APR 1984) The contract price includes all applicable Federal,State,and local taxes.No adjustment will be made to cover taxes which may subsequently be imposed on this transaction or changes in the rates of currently applicable taxes.However,the Government will,upon the request of the Contractor,furnish evidence appropriate to establish exemption from any tax from which the Government is exempt and which was not included in the contract price. 552.229-71 552.229-71 FEDERAL EXCISE TAX—DC GOVERNMENT (SEP 1999) If the District of Columbia cites an Internal Revenue Tax Exempt Certificate Number on orders placed under this contract,the Contractor shall bill shipments to the District of Columbia at prices exclusive of Federal excise tax and show the amount of such tax on the invoice. 552.232-23 Page:50 of 59 REGULATIONS INCORPORATED BY REFERENCE 552.232-23 ASSIGNMENT OF CLAIMS(SEP 1999) Because this is a requirements or indefinite quantity contract under which more than one agency may place orders,paragraph(a)of the Assignment of Claims clause(FAR 52.232-23)is inapplicable and the following is substituted therefor: In order to prevent confusion and delay in making payment,the Contractor shall not assign any claim(s)for amounts due or to become due under this contract.However,the Contractor is permitted to assign separately to a bank,trust company,or other financial institution,including any Federal lending agency,under the provisions of the Assignment of Claims Act,as amended,31 U.S.C.3727,41 U.S.C. 15(hereinafter referred to as"the Act"),all amounts due or to become due under any order amounting to$1,000 or more issued by any Government agency under this contract.Any such assignment takes effect only if and when the assignee files written notice of the assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order and the finance office designated in the order to make payment.Unless otherwise stated in the order,payments to an assignee of any amounts due or to become due under any order assigned may,to the extent specified in the Act,be subject to reduction or set-off. 552.232-39 552.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS(JUN 2013)(FAR DEVIATION-JUL 2015) (a)Except as stated in paragraph(b)of this clause,when any supply or service acquired under this contract is subject to any commercial supplier agreement(as defined in 502.101)that includes any language,provision,or clause requiring the Government to indemnify the Contractor or any person or entity for damages,costs, fees,or any other loss or liability that would create an Anti-Deficiency Act violation(31 U.S.C. 1341),the following shall govern: (1)Any such language,provision,or clause is unenforceable against the Government. - (2)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement.If the commercial supplier agreement is invoked through an"I agree"click box or other comparable mechanism(e.g.,"click-wrap"or"browse-wrap"agreements),execution does not bind the Government or any Government authorized end user to such clause. (3)Any such language,provision,or clause is deemed to be stricken from the commercial supplier agreement. (b)Paragraph(a)of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. 552.232-74 552.232-74 INVOICE PAYMENTS(SEP 1999) (a)The due date for making invoice payments by the designated payment office is: (1)For orders placed electronically by the General Services Administration(GSA)Federal Supply Service(FSS),and to be paid by GSA through electronic funds transfer(EFT),the later of the following two events: (i)The 10th day after the designated billing office receives a proper invoice from the Contractor.If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt,the invoice payment due date shall be the 10th day after the date of the Contractor's invoice;provided the Contractor submitted a proper invoice and no disagreement exists over quantity,quality,or Contractor compliance with contract requirements. Page:51 of 59 REGULATIONS INCORPORATED BY REFERENCE (ii)The 10th day after Government acceptance of supplies delivered or services performed by the Contractor. (2)For all other orders,the later of the following two events: (i)The 30th day after the designated billing office receives a proper invoice from the Contractor. If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt,the invoice payment due date shall be the 30th day after the date of the Contractor's invoice;provided the Contractor submitted a proper invoice and no disagreement exists over quantity,quality,or Contractor compliance with contract requirements. (ii)The 30th day after Government acceptance of supplies delivered or services performed by the Contractor. (3)On a final invoice,if the payment amount is subject to contract settlement actions,acceptance occurs on the effective date of the contract settlement. (b)The General Services Administration will issue payment on the due date in(a)(1)above if the Contractor complies with full cycle electronic commerce.Full cycle electronic commerce includes all the following elements: (I)The Contractor must receive and fulfill electronic data interchange(EDI)purchase orders (transaction set 850). (2)The Contractor must generate and submit to the Government valid EDI invoices(transaction set 810)or submit invoices through the GSA Finance Center Intemet-based invoice process. Internet-based invoices must be submitted using procedures provided by GSA. (3)The Contractor's financial institution must receive and process,on behalf of the Contractor, EE-I'payments through the Automated Clearing House(ACH)system. (4)The EDI transaction sets in(b)(1)through(b)(3)above must adhere to implementation conventions provided by GSA. (c) If any of the conditions in(b)above do not occur,the 10 day payment due dates in(a)(1)become 30 day payment due dates. (d)Notwithstanding paragraph(g)of the clause at FAR 52.212-4,Contract Terms and Conditions--Commercial Items,if the Contractor submits hard-copy invoices,submit only an original invoice.No copies of the invoice are required. (c)All other provisions of the Prompt Payment Act(31 U.S.C.3901 et seq.)and Office of Management and Budget(OMB)Circular A-125,Prompt Payment,apply. 552.232-78 552.232-78 COMMERCIAL SUPPLIER AGREEMENTS— UNENFORCEABLE CLAUSES(JUL 2015) (a)When any supply or service acquired under this contract is subject to a commercial supplier agreement,the following language shall be deemed incorporated into the commercial supplier agreement.As used herein,"this agreement''means the commercial supplier agreement: (1)Notwithstanding any other provision of this agreement,when the end user is an agency or instrumentality of the U.S.Government,the following shall apply: (i)Applicability.This agreement is part of a contract between the commercial supplier Page:52 of 59 REGULATIONS INCORPORATED BY REFERENCE and the U-S.Government for the acquisition of the supply or service that necessitates a license(including all contracts,task orders,and delivery orders not using FAR Part 12). 4 (ii)End user.This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity. (iii)Law and disputes.This agreement is governed by Federal law.(A)Any language purporting to subject the U.S.Government to the laws of a U.S.state,U.S.territory, district,or municipality,or foreign nation,except where Federal law expressly provides for the application of such laws,is hereby deleted.(B)Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.(C)Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted. (iv)Continued performance. If the supplier or licensor believes the ordering activity to be in breach of the agreement,it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in 52.233-1 Disputes. (v)Arbitration;equitable or injunctive relief.In the event of a claim or dispute arising under or relating to this agreement,(A)binding arbitration shall not be used unless specifically authorized by agency guidance,and(13)equitable or injunctive relief, including the award of attorney fees,costs or interest,may be awarded against the U.S. Government only when explicitly provided by statute(e.g.,Prompt Payment Act or Equal Access to Justice Act). (vi)Additional terms. (A)This commercial supplier agreement may unilaterally incorporate additional terms by reference.Terms may be included by reference using electronic means (e.g.,via web links,click and accept,etc).Such terms shall be enforceable only to the extent that: (1)When included by reference using electronic means,the terms are readily available at referenced locations;and (2)'1'crms do not materially change government obligations;and (3)Terms do not increase government prices;and (4)Terms do not decrease overall level of service;and (5)Terms do not limit any other Government right addressed elsewhere in this contract. (B)The order of precedence clause of this contract notwithstanding,any software license terms unilaterally revised subsequent to award that is inconsistent with any material term or provision of this contract is not enforceable against the government. (vii)No automatic renewals.If any license or service tied to periodic payment is provided under this agreement(e.g.,annual software maintenance or annual lease term),such license or service shall not renew automatically upon expiration of its current term without prior express Government approval. (viii)Indemnification.Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Page.53 of 59 REGULATIONS INCORPORATED BY REFERENCE Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C.516. l� (ix)Audits.Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity.Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.(B) This charge,if disputed by the ordering activity,will be resolved through the Disputes clause at 52.233-1;no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.(C)Any audit requested by the contractor will be performed at the contractor's expense,without reimbursement by the Government. (x)Taxes or surcharges.Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and,in any event,must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract. (xi)Non-assignment.This agreement may not be assigned,nor may any rights or obligations thereunder be delegated,without the Govemmenes prior approval,except as expressly permitted under the clause at 52.232-23,Assignment of Claims. (xii)Confidential information.If this agreement includes a confidentiality clause,such clause is hereby amended to state that neither the agreement nor the Federal Supply Schedule price list shall be deemed"confidential information."Issues regarding release of"unit pricing"will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary,the Government may retain any confidential information as required by law,regulation or its internal document retention procedures for legal,regulatory or compliance purposes;provided,however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement. (2)If any provision of this agreement conflicts or is inconsistent with the preceding subparagraph (a)(1),the provisions of subparagraph(a)(1)shall prevail to the extent of such inconsistency. 552.232-79 552.232-79 PAYMENT BY CREDIT CARD(MAY 2003) (a)Definitions. "Credit card"means any credit card used to pay for purchases,including the Governmentwide Commercial Purchase Card. "Governmentwide commercial purchase card"means a uniquely numbered credit card issued by a contractor under GSA's Governmentwide Contract for Fleet,Travel,and Purchase Card Services to named individual Government employees or entities to pay for official Government purchases. "Oral order"means an order placed orally either in person or by telephone. (b)The Contractor must accept the credit card for payments equal to or less than the micro-purchase threshold(see Federal Acquisition Regulation 2.101)for oral or written orders under this contract. (c)The Contractor and the ordering agency may agree to use the credit card for dollar amounts over the micro-purchase threshold,and the Government encourages the Contractor to accept payment by the purchase card.The dollar value of a purchase card action must not exceed the ordering agency's established limit.If the Contractor will not accept payment by the purchase card for an order exceeding ,) Page:54 of 59 REGULATIONS INCORPORATED BY REFERENCE the micro-purchase threshold,the Contractor must so advise the ordering agency within 24 hours of receipt of the order. (d)The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased supplies have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty item under other contract requirements,the Contractor must immediately credit a cardholder's account for items returned as defective or faulty. (e)Payments made using the Governmentwide commercial purchase card are not eligible for any negotiated prompt payment discount.Payment made using an ordering activity debit card will receive the applicable prompt payment discount. 552.232-8 552.232-8 DISCOUNTS FOR PROMPT PAYMENT(APR 1989) (DEVIATION FAR 52.232-8)(ALTERNATE I—MAY 2003) (a)Discounts for early payment(hereinafter referred to as"discounts"or"the discount")will be considered in evaluating the relationship of the offeror's concessions to the Government vis-a-vis the offeror's concessions to its commercial customers,but only to the extent indicated in this clause. (b)Discounts will not be considered to determine the low offeror in the situation described in the "Offers on Identical Products"provision of this solicitation. (c)Uneconomical discounts will not be considered as meeting the criteria for award established by the Government. In this connection,a discount will be considered uneconomical if the annualized rate of return for earning the discount is lower than the"value of funds"rate established by the Department of ~ the Treasury and published quarterly in the Federal Register.The"value of funds"rate applied will be the rate in effect on the date specified for the receipt of offers. (d)Discounts for early payment may be offered either in the original offer or on individual invoices submitted under the resulting contract.Discounts offered will be taken by the Government if payment is made within the discount period specified. (e)Discounts that are included in offers become a part of the resulting contracts and are binding on the Contractor for all orders placed under the contract.Discounts offered only on individual invoices will be binding on the Contractor only for the particular invoice on which the discount is offered. (f)In connection with any discount offered for prompt payment,time shall be computed from the date of the invoice.For the purpose of computing the discount earned,payment shall be considered to have been made on the date which appears on the payment check or the date on which an electronic funds transfer was made. 552.232-81 552.232-81 PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES(MAY 2003) If eligible non-federal ordering activities are subject to a State prompt payment law,the terms and conditions of the applicable State law apply to the orders placed under this contract by such activities. If eligible non-federal ordering activities are not subject to a State prompt payment law,the terms and conditions of the Federal Prompt Payment Act as reflected in Federal Acquisition Regulation clause 52.232-25,Prompt Payment,or 52.212-4,Contract Terms and Conditions—Commercial Items,apply to such activities in the same manner as to Federal ordering activities. 552.238-70 Page:55 of 59 REGULATIONS INCORPORATED BY REFERENCE 552.238-70 IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT PROVIDING ACCESSIBILITY FOR THE HANDICAPPED(SEP 1991) (a)Definitions. "Electronic office equipment accessibility"means the application/configuration of electronic office equipment(includes hardware,software,and firmware)in a manner that accommodates the functional limitations of individuals with disabilities(i.e.,handicapped individuals) so as to promote productivity and provide access to work related and/or public information resources. "Handicapped individuals"mean qualified individuals with impairments as cited in 29 CFR 1613.702(f) who can benefit from electronic office equipment accessibility. "Special peripheral"means a special needs aid that provides access to electronic equipment that is otherwise inaccessible to a handicapped individual- (b)The offeror is encouraged to identify in its offer,and include in any commercial catalogs and pricelists accepted by the Contracting Officer,office equipment,including any special peripheral,that will facilitate electronic office equipment accessibility for handicapped individuals. Identification should include the type of disability accommodated and how the users with that disability would be helped. 552.238-73 552.238-73 CANCELLATION(SEP 1999) Either party may cancel this contract in whole or in part by providing written notice.The cancellation will take effect 30 calendar days after the other party receives the notice of cancellation. If the Contractor elects to cancel this contract,the Government will not reimburse the minimum guarantee. 552.238-77 552.238-77 DEFINITION(FEDERAL SUPPLY SCHEDULES)(JUL 2016) Ordering activity(also called"ordering agency"and"ordering office")means an eligible ordering activity (see 552.238-78),authorized to place orders under Federal Supply Schedule contracts. 552.252-5 552.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS(SEP 1999) (DEVIATION FAR 52.252-5) (a)Deviations to FAR provisions. (1)This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1)provision by the addition of"(DEVIATION)"after the date of the provision, if the provision is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5). (2)This solicitation indicates any authorized deviation to a Federal Acquisition Regulation(FAR) provision that is published in the General Services Administration Acquisition Regulation by the addition of"(DEVIATION(FAR provision no.))"after the date of the provision. (b)Deviations to GSAR provisions.This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation provision by the addition of"(DEVIATION)'after the date of the provision. (c)"Substantially the same as"provisions.Changes in wording of provisions prescribed for use on a Page:56 of 59 REGULATIONS INCORPORATED BY REFERENCE "substantially the same as"basis are not considered deviations. 552.252-6 552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES(SEP 1999) (DEVIATION FAR 52.252-6) (a)Deviations to FAR clauses. (1)This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation(48 CFR Chapter 1)clause by the addition of"(DEVIATION)'after the date of the clause,if the clause is not published in the General Services Administration Acquisition Regulation(48 CFR Chapter 5). (2)This solicitation indicates any authorized deviation to a Federal Acquisition Regulation(FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of"(DEVIATION(FAR clause no.))'after the date of the clause. (b)Deviations to GSAR clauses.This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of"(DEVIATION)'after the date of the clause. (c)"Substantially the same as"clauses.Changes in wording of clauses prescribed for use on a "substantially the same as"basis are not considered deviations. C-FSS-412 C-FSS-412 CHARACTERISTICS OF ELECTRIC CURRENT (MAY 2000) Contractors supplying equipment which uses electrical current are required to supply equipment suitable for the electrical system at the location at which the equipment is to be used as specified on the order. D-FSS-471 D-FSS-471 MARKING AND DOCUMENTATION REQUIREMENTS PER SHIPMENT(APR 1984) It shall be the responsibility of the Ordering Office to determine the full marking and documentation requirements necessary under the various methods of shipment authorized by the contract.Set forth below is the minimum information and documentation that will be required for shipment. In the event the Ordering Office fails to provide the essential information and documentation,the Contractor shall,within three days after receipt of order,contact the Ordering Office and advise them accordingly.The Contractor shall not proceed with any shipment requiring transshipment via U.S.Government facilities without the below stated prerequisites: Direct Shipments.The Contractor shall mark all items ordered against this contract with indelible ink,paint or fluid,as follows: (1)Traffic Management or Transportation Officer at FINAL destination. (2)Ordering Supply Account Number. (3)Account number. (4)Delivery Order or Purchase Order Number. .-% (5)National Stock Number, if applicable;or Contractor's item number. Page:57 of 59 REGULATIONS INCORPORATED BY REFERENCE (6)Box of Boxes. (7)Nomenclature(brief description of items). D-FSS-477 �✓ D-FSS-477 TRANSSHIPMENTS(APR 1984) The Contractor shall complete TWO DD Forms 1387,Military Shipment Labels and,if applicable,four copies of DD Form 1387-2,Special Handling/Data Certification—used when shipping chemicals,dangerous cargo,etc.Two copies of the DD Form 1387 will be attached to EACH shipping container delivered to the port Transportation Officer for subsequent transshipment by the Government as otherwise provided for under the terms of this contract.These forms will be attached to one end and one side(NOT on the top or bottom) of the container.The Contractor will complete the bottom line of these forms,which pertains to the number of pieces,weight and cube of each piece,using U.S.weight and cubic measures.Weights will be rounded off to the nearest pound.(One kg=2.2 U.S.pounds;one cubic meter=35.3156 cubic feet.)In addition,if the cargo consists of chemicals,or is dangerous,one copy of the DD Form 1387 2 will be attached to the container,and three copies will be furnished to the Transportation Officer with the Bill of Lading. DANGEROUS CARGO WILL NOT BE INTERMINGLED WITH NONDANGEROUS CARGO IN THE SAME CONTAINER.Copies of the above forms,and preparation instructions will be obtained from the Ordering Office issuing the Delivery Order.Reproduced copies of the forms are acceptable.FAILURE TO INCLUDE DD FORMS 1387(AND DD FORM 1387-2, IF APPLICABLE)ON EACH SHIPPING CONTAINER WILL RESULT IN REJECTION OF SHIPMENT BY THE PORT TRANSPORTATION OFFICER. I-FSS-314 I-FSS-314 FOREIGN TAXES AND DUTIES(DEC 1990) Prices offered must be net,delivered,f.o.b.to the destinations accepted by the Government. (a)The offeror warrants that such prices do not include any tax,duty,customs fees,or other foreign Governmental costs,assessments,or similar charges from which the U.S.Government is exempt.The offeror further warrants that any applicable taxes duties,customs fees,other Government costs, assessments or similar charges from which the U.S.Government is not exempt are included in the prices quoted and that such prices are not subject to increases for any such charges applicable at the time of acceptance of this offer by the Government. (b)Standard commercial export packaging,including containerization,if necessary,packaging, preservation,marking are included in the pricing offered and accepted by the Government_ I-FSS-594 I-FSS-594 PARTS AND SERVICE (OCT 1988) (1)For equipment under items listed in the schedule of items or services on which offers are submitted, the offeror certifies by submission of this offer that parts and services(including the performing of warranty or guarantee service)are now available from dealers or distributors serving the areas of ultimate overseas destination or that such facilities will be established and will be maintained throughout the contract period.If a new servicing facility is to be established,the facility shall be established no later than the beginning of the contract period. (2)Each Contractor shall be fully responsible for the services to be performed by the named servicing facilities,or by such facilities to be established,and fully guarantees performance of such services if the original service proves unsatisfactory. (3)Offerors are requested to include in the pricelist,the names and addresses of all supply and service points maintained in the geographic area in which the Contractor will perform. Please indicate opposite Page:56 of 59 REGULATIONS INCORPORATED BY REFERENCE each point whether or not a complete stock of repair parts for items offered is carried at that point,and whether or not mechanical service is available. GEOGRAPHIC AREA ADDRESS OF SUPPLY AND SERVICE POINT It is desired to have available means for maintaining Government-owned items in satisfactory operating condition and to receive service at least as good as that extended to commercial customers. r . Page:59 of 59 Schedule#70-Information Technology, Software&Services Solicitation FCIS-J -980001 B (Refresh# 1) upen a s Past Performance Evaluation A DUN AND BRADSTREET PAST PERFORMANCE EVALUATION IS REQUIRED AND CAN BE ORDERED AT:w�vw, ereports.com One copy of the report is distributed by Dun and Bradstreet to the company who ordered the report and another copy is distributed to GSA. The company should submit a copy of their report with their Offer to ensure that GSA receives it. The following information is required in order to process your evaluation.The evaluation report must be ordered ULjuLto submitting an offer. The following information is required to place an order: Duns Number Or Company Name Company Street Address City, Mate, Zip code [Main Telephone Number Contact Name Email Address YOUR COMPANY POINT OF CONTACL Contact Name Email Address YOUR CUSTOMER REFERENCES: Company Name Contact- First and Last flame Phone Number Email Address A minimum of 6 customer references is required. Open Ratings recommends that 15 customer references are given, but you may provide up to 20. A"customer reference" is defined as a person or company that has purchased products or services from your company. Vendor references are not accepted. RECIPIENT INFORMATION: `first and Last Name Email Address Physical Address(IF EMAIL ADDRESS IS NOT AVAILABLE) 1 Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) PAYMENT INFORMATION: Amex, Mastercard or Visa Number Expiration Date 0 Name as it appears on the credit card Billing Address REMINDER* Offerors are reminded that they are responsible for payment of$190.00 plus applicable state and local taxes for the PPE Report Option (at the Offeror's expense)to Open Ratings, Inc. Orders should be placed on-line at www.ppereports.com. QUESTIONS? PLEASE CALL 727-329-1184 OR EMAIL reports c(D.openratings.com 2 Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Page 1 of 21 This document is provided for reference purposes only. Subcontracting plans are completed within the eOffer system. Submission of a separate subcontracting plan document will not be accepted. However, the subcontracting plan in eOffer does not have a mechanism for you to sign your plan. Therefore, after completing the subcontracting plan in eOffer, you will need to download the plan, complete the signature block (page 14 of this model plan) and upload the signed plan as an attachment to your offer. Page 1 Schedule# 70—Information Technology, Software& Services Solicitation FCIS-JB-980001 B(Refresh#41) Page 2 of 21 COVER PAGE TO MODEL SUBCONTRACTING PLAN Notice to Offerors: GSA provides this model plan as a tool. You must adapt this model plan to fit your subcontracting situation. The plan is NOT a fill-in-the- blank form and you must remove instructional language. This model does not establish minimum requirements for an acceptable plan. The model reflects objectives GSA encourages contractors to adopt. GSA expects offerors to thoroughly review the requirements set forth in FAR 19.704, Subcontracting Plan Requirements and FAR clause 52.219-9, Small Business Subcontracting Plan before submitting their subcontracting plans. Definitions of Types of Plans: COMMERCIAL PLAN: Covers the offeror's fiscal year and applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line. Note that this type of plan shall relate to the offeror's planned subcontracting generally, for both commercial and government business, rather than solely to the government contract. Per FAR 19.704(d) and clause 52.219-9(g), this is the preferred type of plan for contractors furnishing commercial items. Once a contractor's commercial plan has been approved, the Government shall not require another subcontracting plan from the same contractor while the plan remains in effect, as to as the product or service being provided by the contractor continues to meet the definition of a commercial item. The contractor shall— (1) Submit the commercial plan to either the first contracting officer awarding a contract subject to the plan during the contractor's fiscal year, or, if the contractor has ongoing contracts with commercial plans, to the contracting officer responsible for the contract with the latest completion date. The contracting officer shall negotiate the commercial plan for the Government. The approved commercial plan shall remain in effect during the contractor's fiscal year for all Government contracts in effect during that period; (2) Submit a new commercial plan, 30 working days before the end of the Contractor's fiscal year, to the contracting officer responsible for the uncompleted Government contract with the latest completion date. The contractor must provide to each contracting officer responsible for an ongoing contract subject to the plan, the identity of the contracting officer that will be negotiating the new plan; (3) When the new commercial plan is approved, provide a copy of the approved plan to each contracting officer responsible for an ongoing contract that is subject to the plan; and (4) Comply with the reporting requirements stated in paragraph (a)(10) of this section by submitting one SSR in eSRS, for all contracts covered by its commercial plan. This report will be acknowledged or rejected in eSRS by the contracting officer who approved the plan. The report shall be submitted within 30 days after the end of the Government's fiscal year. INDIVIDUAL CONTRACT PLAN: Covers the entire contract period, applies to a specific contract, and has goals that are based on the offeror's planned subcontracting (and purchasing) in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. For contracts with option periods, the plan include separate goals and estimated value (or sales) for the base period with separate goals estimated value for each option period. Per FAR 52.219-9(c) this type of plan must separately address subcontracting with small business, veteran-owned small business, service-disabled Page 2 Schedule#70—Information Technology,Software&Services Solicitation FC[S-JB-980001 B (Refresh#41) Page 3 of 21 saran-owned small business, HUBZone small business concerns, small disadvantaged business (including ANCs and Indian Tribes), and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract. The Contractor shall submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) (http://www.esrs.gov), following the instructions in the eSRS and in accordance with FAR clause 52.219-9. MASTER PLAN: Contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved. A master plan on a plant or division-wide basis that contains all the elements, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by the clause 52.219-9; provided (1) The master plan has been approved; (2) The offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer; and (3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. A contract may have no more than one plan. When a modification meets the criteria in FAR 19.702 for a plan, or an option is exercised, the goals associated with the modification or option shall be added to those in the existing subcontracting plan. The failure of the Contractor or subcontractor to comply in good faith with the clause at FAR 52.219-8 or an approved plan required by FAR 52.219-9 shall be a material breach of contract. The Contractor shall submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) (http://www.esrs..ov), following the instructions in the eSRS and in accordance with FAR clause 52.219-9. GSA SUBCONTRACTING GOALS (How to do the math tips) Subcontracting goals are subject to change, based on recent achievement levels and as negotiated with the Small Business Administration (SBA). SBA is responsible for the Federal Government Goaling Program and their website at www.sba.gov includes details and background on the goaling process. • Total estimated subcontracting dollars (or spend) planned to all types of business concerns must be provided, then separately state the dollars that will be subcontracted to each category. All percents for each category will be expressed as a percentage of the total subcontracting dollars to all concerns (both large and small)*. • The Small business dollar amount must include all sub-group category amounts; i.e., HUBZone, SDB, WOSB, VOSB, SDVOSB (plus any"other small' businesses that do not fall within one of these specified subgroups). Again note that Alaskan Native Corporations (ANCs) and Indian tribes will be included in the SDB and total small amounts. *Only the large plus all small should equal the total in both dollars and percents. Do not add together G-hgroups to reach the total Small figure, as the same dollars can be double and triple counted for each group \_,applicable to the company receiving the order. Page 3 Schedule#70—Information Technology,Software&Services Solicitation FC1S-JB-980001 B(Refresh#41) Page 4 of 21 Sample Dollars GSA Goal (FY 2016) Total dollars to be subcontracted $1,000,000 100% (to both Large and Small Businesses) *To Large Businesses $ 710,000* *71% *To all Small Businesses $ 290,000* *29% (includes HUBZone Small, Small Disadvantaged, Women-Owned Small, Veteran-Owned Small, Service-Disabled Veteran-Owned Small, and Other Small Business Concerns) To HUBZone Small Businesses $ 30,000 3% To Small Disadvantaged Businesses $ 50,000 5% To Women-Owned Small Businesses $ 50,000 5% To Veteran-Owned Small Businesses $ 30,000 3% (includes SDVOSB below in this total) To Service-Disabled Veteran-Owned Small Businesses $ 30,000 3% NOTE. The total $290,000 to all Small businesses already includes each subgroup(HUBZone, SDB, ANCs, WOSB, VOSB, and SDVOSB), plus other small businesses that are only small and do not fall into a specified category. PLEASE REMOVE THE COVER PAGES BEFORE SUBMITTING THE SUBCONTRACTING PLAN TO GSA 0 Page 4 Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001B(Refresh#41) Page 5 of 21 +.nplate: October 2015 [INSERT COMPANY NAME] SMALL BUSINESS SUBCONTRACTING PLAN (MODEL) I. IDENTIFICATION DATA: Address: Date Prepared: Description of Supplies/Services: Solicitation Number: (Completed for Individual Plans: N/A for commercial plans) Contract Number: (Completed for Individual Plans during option period: N/A for commercial plans) If submitting an Individual Contract Plan, insert dates below for the contract duration, if known (or insert NIA if the contract does not include specified option period). —lividual Plan Period: Base: (Date of Award thru ?? years) Option 1: (1 year, 5 years, etc.) ,tion 2: (1 year, 5 years, etc.) Option 3: (1 year, 5 years, etc.) Option 4: (1 year, 5 years, etc.) Estimated Contract Value (Provide separate estimate for base contract period and each option) Base Period: $ Option Period 1: $ Option Period 2: $ Option Period 3: $ Option Period 4: $ (if applicable/Not used for MAS) Place of Performance: DUNS Number: (under the contract awarded or pending award) If submitting a Commercial Plan, insert dates below: Commercial Plan Period: (insert 12-month fiscal year dates for contractor/offeror) Projected annual sales (Company-wide): $ II. TYPE OF PLAN — FAR 19.701 (For definitions, see Cover Page and FAR clause 52.219-9): Commercial Plan Individual Plan �_ r Master Plan (incorporated into Individual Plan) Page 5 Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Page 6 of 21 III. GOALS: 0 A. The FAR clause at 52.219-9(d) states that the subcontracting plan shall include(1) goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business concerns as subcontractors; and (2) A statement of total dollars planned to be subcontracted for an individual contract plan; or the offeror's total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan. FAR 19.704(a)(1) requires separate percentage goals for using small business (including Alaskan Native Corporations (ANCs) and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes)and women-owned small business concerns as subcontractors; and (3) A statement of the total dollars planned to be subcontracted and a statement of the total dollars planned to be subcontracted to small business (including ANCs and Indian tribes), veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business (including ANCs and Indian tribes) and women-owned small business concerns. Commercial plans will always reflect annual company-wide goals. Individual plans will reflect contract-specific goals and shall contain separate statements and goals for the basic contract(period) and separately for each option (period). Note that dollars and percentages to large and total small businesses (all inclusive) must equal the total subcontracted to all categories in both dollars and percentages. EACH CONTRACTOR IS EXPECTED TO OFFER THE MAXIMUM PRACTICABLE OPPORTUNITIES TO EACH TYPE OF SMALL BUSINESS CONCERN CONSISTENT WITH THEIR BEST FAITH EFFORTS AND SUPPORTED BY THEIR REPORTS AND RECORDS. COMPLETE FORMAT BELOW IF SUBMITTING AN INDIVIDUAL PLAN and note that a separate part is required for the base contract period and for each option period, if any. (Please remove this section and following page if submitting a commercial plan.) (Company Name] provides the following separate dollar and percentage goals, which are a 0 percentage of the total subcontracting dollars for each business category: BASE GOALS are expressed in dollars and percentages of the total dollars planned to be subcontracted. PLANNED SUBCONTRACTING TO: DOLLARS PERCENT 1. Total Dollars to be Subcontracted (2 + 3 = 1) large and all small 100% businesses must equal total amount to be subcontracted (both $ and %) 2. Large Businesses (Other than Small 3. All Small Businesses (including ANCs & Indian tribes) 4. Veteran-Owned Small Businesses (VOSB) 5. Service-Disabled Veteran-Owned Small Businesses (SDVOSB) 6. HUBZone Small Business (HUBZone) 7. Small Disadvantaged Businesses (SDB) (including ANCs & Indian tribes 8. Women-Owned Small Businesses (WOSB) If applicable: 1ST OPTION GOALS are expressed in dollars and percentages of total dollars planned to be subcontracted. PLANNED SUBCONTRACTING TO: DOLLARS PERCENT 1. Total Dollars to be Subcontracted (2 + 3 = 1) large and all small 100% businesses must equal total amount to be subcontracted (both $ and %) Page 6 Schedule#70—Information Technology, Software& Services Solicitation FCIS-JB-980001 B(Refresh#41) Page 7 of 21 Large Businesses Other than Small 3. All Small Businesses (including ANCs & Indian tribes 4. Veteran-Owned Small Businesses VOSB 5. Service-Disabled Veteran-Owned Small Businesses SDVOSB 6. HUBZone Small Business (HUBZone) 7. Small Disadvantaged Businesses (SDB) (including ANCs & Indian tribes 8. Women-Owned Small Businesses WOSB) If applicable: 2ND OPTION GOALS are expressed in dollars and percentages of total dollars planned to be subcontracted. PLANNED SUBCONTRACTING TO: DOLLARS PERCENT 1. Total Dollars to be Subcontracted (2 + 3 = 1) large and all small 100% businesses must equal total amount to be subcontracted (both $ and 2. Large Businesses (Other than Small) 3. All Small Businesses (including ANCs & Indian tribes) 4. Veteran-Owned Small Businesses VOSB 5. Service Disabled Veteran-Owned Small Businesses SDVOSB -� HUBZone Small Business (HUBZone) Small Disadvantaged Businesses (SDB) (including ANCs & Indian Ebtres Women-Owned Small Businesses (WOSB) If applicable: 3ND OPTION GOALS are expressed in dollars and percentages of total dollars planned to be subcontracted. PLANNED SUBCONTRACTING TO: DOLLARS PERCENT 1. Total Dollars to be Subcontracted (2 + 3 = 1) large and all small 100% businesses must equal total amount to be subcontracted (both $ and %) 2. Large Businesses (Other than Small) 3. All Small Businesses (including ANCs & Indian tribes) 4. Veteran-Owned Small Businesses (VOSB) 5. Service-Disabled Veteran-Owned Small Businesses (SDVOSB) 6. HUBZone Small Business HUBZone 7. Small Disadvantaged Businesses (SDB) (including ANCs & Indian tribes 8. Women-Owned Small Businesses (WOSB) Jf-ipplicable: (LEAVE BLANK FOR MAS) 4TH OPTION GOALS are expressed in dollars and percentages of total dollars planned to be subcontracted. PLANNED SUBCONTRACTING TO: DOLLARS I PERCENT Page 7 Schedule#70—Information Technology, Software& Services Solicitation FCIS-JB-980001B(Refresh#41) Page 8 of 21 1. Total Dollars to be Subcontracted (2 + 3 = 1) large and all small 100% 0 businesses must equal total amount to be subcontracted (both $ and 2. Large Businesses Other than Small 3. All Small Businesses (including ANCs & Indian tribes 4. Veteran-Owned Small Businesses (VOSB) 5. Service-Disabled Veteran-Owned Small Businesses (SDVOSB) 6. HUBZone Small Business HUBZone 7. Small Disadvantaged Businesses (SDB) (including ANCs & Indian tribes 8. Women Owned Small Businesses (WOSB) Page 8 Schedule#70—Information Technology, Software& Services Solicitation FCIS-]B-980001 B(Refresh#41) Page 9 of 21 �_)MPLETE FORMAT BELOW IF SUBMITTING A COMMERCIAL PLAN (please remove this page/section if submitting an individual plan). 1. Estimated TOTAL dollars planned to be subcontracted to all types of concerns (generally for both commercial and government business, in support of commercial items sold during company fiscal year): Annual Commercial Purchases/Spend: $ = 100% subcontracted 2. Total dollars planned to be subcontracted to large business concerns (or classified as other than small): Annual Commercial Purchases/Spend: $ _ % of Total 3. Total dollars planned to be subcontracted to all small business concerns (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB small business concerns: ,.� Annual Commercial Purchases/Spend: $ _ % of Total t 4. Total dollars planned to be subcontracted to veteran-owned small business concerns (including service-disabled veteran-owned small businesses): Annual Commercial Purchases/Spend: $ _ % of Total 5. Total dollars planned to be subcontracted to service-disabled veteran-owned small business concerns (subset of VOSB above and cannot be higher than #4 above): Annual Commercial Purchases/Spend: $ _ % of Total 6. Total dollars planned to be subcontracted to HUBZone small business concerns: Annual Commercial Purchases/Spend: $ _ % of Total 7. Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes): Annual Commercial Purchases/Spend: $ _ % of Total Page 9 Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001B(Refresh#41) Page 10 of 21 8. Total dollars planned to be subcontracted to women-owned small business concerns: 0 Annual Commercial Purchases/Spend: $ _ % of Total 0 Page 10 Schedule#70—Information Technology, Software& Services Solicitation FCIS-JB-980001B(Refresh#41) Page 11 of 21 -AR 19.704(a)(3) and the clause at 52.219-9(d)(3) requires a description of the principal types of supplies and services to be subcontracted and an identification of types planned for subcontracting to SB (including ANCs and Indian tribes),VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns. Check all that apply below, ensuring that at least one item is indicated for each column. If assistance is needed to locate small business sources, contact your local Small Business Administration Commercial Market Representative via www.sba.gov/localresources, or access the Dynamic Small Business Search database at http://dsbs.sba.gov/dsbs/search/dsp dsbs.cfm. You may also post solicitations for small business opportunities on SBA's SUB-Net at https://ewebl.sba.gov/subnet/search/index.cfm The principal types of supplies and/or services that [Company Name] anticipates to be subcontracted and the identification of the type of business concern planned are as follows: Business Category or Size Supplies/Services Large Smal VOSB SDVOSB HUBZone SDB WOSB I MACH ADDITIONAL SHEETS IF NECESSARY (OR REMOVE LINES IF NOT NEEDED) C. FAR 19.704(a)(4) and the clause at 52.219-9(d)(4) require a description of the method used to develop the subcontracting goals. Explain or state the basis for establishing your proposed goals (i.e. based on historical data and experience, market research, etc.); and provide justification for any low goal(s). [Company Name] used the following method to develop the subcontracting goals: D. FAR 19.704(a)(5) and clause 52.219-9(d)(5) require a description of the method used to identify potential sources for ;itation purposes(e.g., existing company source lists, the System for Award Management(SAM), veterans service anizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining SB, Page 11 Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Page 12 of 21 VOSB, SDVOSB, HUBZone, SDB, and WOSB source list. Use of SAM as its source list does not relieve a firm of itfo responsibilities (e.g., outreach, assistance, counseling,or publicizing subcontracting opportunities) in this clause. [Company Blame] identifies potential subcontractors using the following source lists and organizations: 0 Page 12 Schedule#70-Information Technology, Software& Services Solicitation FCIS-JB-980001 B(Refresh#41) Page 13 of 21 "AR 19.704(a)(6) and clause 52.219-9(d)(6) require a statement as to whether or not the offeror included indirect costs eestablishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns. NOTE: indirect costs represent the expenses of doing business that are NOT easily identified with a specific project(i.e. contract or grant) but are generally recognized as ordinary and necessary for the general operation of the contractor's organization and the conduct of activities it performs. Types of indirect costs include overhead (e.g. facilitylutility&supplies cost), general and administrative (G&A), and fringe benefits (e.g. services or benefits provided to employees such as health insurance, payroll taxes, pension contribution, etc). Indirect costs HAVE BEEN (or) HAVE NOT BEEN included in the dollar and percentage subcontracting goals stated above. If indirect costs HAVE been included, the method used to determine the proportionate share of indirect costs to be incurred with small business concerns was as follows: M, PROGRAM ADMINISTRATOR: FAR 19.704(a)(7) and clause 52.219-9(d)(7) require the name of an individual employed by the offeror who will administer the offeror's subcontracting program, and a description of the duties of the individual. Please add the contact information for this person (telephone number, fax number and/or email address), in case of questions and provide an alternate point of contact if applicable. Name: Title/Position: Address: City/State/Zip Code: Telephone number: Fax number: Email Address: Alternate POC with contact information: Duties: In accordance with clause 52.219-9(d)(11)(e), in order to effectively implement this plan to Page 13 Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001B(Refresh#41) Page 14 of 21 the extent consistent with efficient contract performance, the contractor shall perform the following 0 functions: 1. Assist SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential SB, VOSB, SDVOSB, HUBZone, SDB and WOSB subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. 2. Provide adequate and timely consideration of the potentialities of SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns in all "make-or-buy" decisions. 3. Counsel and discuss subcontracting opportunities with representatives of SB, VOSB, SDVOSB, HUBZone, SDB and WOSB firms. 4. Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the System For Award Management (SAM) database or by contacting SBA. 5. Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as SB, VOSB, SDVOSB, HUBZone, SDB and WOSB for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan. 6. Develop and promote company/division policy statements that demonstrate the company's/division's support for awarding contracts and subcontracts to SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns. 7. Develop and maintain bidders' lists of SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns from all possible sources. 8. Ensure periodic rotation of potential subcontractors on bidders' lists. 9. Ensure that SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns are included on the bidders' list for every subcontract solicitation for products and services they are capable of providing. 10. Ensure that subcontract procurement "packages" are designed to permit the maximum possible participation of SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns 11. Review subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns. 12. Ensure that the subcontract bid proposal review board documents its reasons for not selecting any low bids submitted by SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns. 13. Oversee the establishment and maintenance of contract and subcontract award records. 0 Page 14 Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Page 15 of 21 Attend or arrange for the attendance of company counselors at Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, etc. 15. Directly or indirectly counsel SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns on subcontracting opportunities and how to prepare bids to the company. 16. Conduct or arrange training for purchasing personnel regarding the intent and impact of Section 8(d) of the Small Business Act on purchasing procedures. 17. Develop and maintain an incentive program for buyers that support the subcontracting program. 18. Monitor the company's performance and make any adjustments necessary to achieve the subcontract plan goals. 19. Prepare and submit timely reports. 20. Coordinate the company's activities during compliance reviews by Federal agencies. IF YOUR PROGRAM ADMINISTRATOR WILL PERFORM ADDITIONAL SUBCONTRACTING DUTIES NOT SHOWN ABOVE, PLEASE IDENTIFY THEM HERE: Additional Duties: V. EQUITABLE OPPORTUNITY: FAR 19.704(a)(8) and clause 52.219-9(d)(8) require a description of the efforts the offeror will make to assure that SB, VOSB, SDVOSB, HUBZone, SOB and WOSB concerns have an equitable opportunity to compete for subcontracts. [Company Namel will make every effort to ensure that all small business concerns have an equitable opportunity to compete for subcontracts. These efforts may include one or more of the following activities: (please indicate which of the following apply or adapt list to fit your company's efforts) A. Outreach efforts to obtain sources: Contacting minority and small business trade associations Contacting business development organizations Requesting sources from the Dynamic Small Business Search, which integrated data from the SBA PRO-Net database Attending small and minority business trade fairs and procurement conferences B. Internal efforts to guide and encourage purchasing personnel: Presenting workshops, seminars and training programs y Establishing, maintaining and using small, hubzone small, small disadvantaged, women-owned small, veteran-owned small, and service-disabled veteran-owned small business source lists, guides, and other data for soliciting subcontracts Monitoring activities to evaluate compliance with the subcontracting plan Page 15 Schedule# 70—Information Technology, Software& Services Solicitation FCIS-JB-980001B(Refresh#41) Page 16 of 21 C. Other Additional efforts: (Please describe below) VI. ASSURANCES OF CLAUSE INCLUSION AND FLOW DOWN: FAR 19.704(a)(9) and clause 52.219-9(d)(9) require assurances that the offeror will include the clause at 52.219-8, Utilization of Small Business Concerns(see 19.708(a)), in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1,500,000 for construction) to adopt a plan that complies with the requirements of this clause (see 19.708(b)). [Company Namel agrees to include the FAR Clause 52.219-8, "Utilization of Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and will require all subcontractors (except small business concerns) that receive subcontracts in excess of$700,000 ($1,500,000 for construction) to adopt a plan that complies with the requirements of the clause at 52.219-9, Small Business Subcontracting Plan. VII. REPORTING AND COOPERATION: FAR 19.704(a)(10) and clause 52.21 9-9(d)(1 0) require assurances that the offeror will do the following: 0 [Company Namel agrees to: (10)(i) Cooperate in any studies or surveys as may be required; (ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan; (iii) Submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) (http://www.esrs._c�ov), following the instructions in the eSRS; (iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using the eSRS; (v) Provide its prime contract number and its DUNS number and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to all first- tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their reports; and (vi) Require that each subcontractor with a subcontracting plan provide the prime contract number and its own DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to its subcontractors with subcontracting plans. Reports are to be submitted within 30 days after the close of each calendar period as indicated in the following chart: Submit Reports to eSRS Calendar Period Report Due Date Due with email address for: 0 Page 16 Schedule# 70—Information Technology, Software& Services Solicitation FCIS-JB-980001B(Refresh#41) Page 17 of 21 \01--03/31 ISR 04/30 Contracting Officer/SBTA 04/01--09/30 ISR 10/30 Contracting Officer/SBTA 10/01--09/30 SSR 10/30 Contracting Officer/SBTA THE eSRS WEB-BASED REPORTING REQUIREMENT INSTRUCTIONS CAN BE FOUND IN THE ATTACHMENT TO SUBCONTRACTING PLAN TAKEN FROM FAR CLAUSE 52-219-9. Vill. RECORDKEEPING: FAR 19.704(a)(11) and clause 52.219-9(d)(11) require a description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the efforts to locate SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns and award subcontracts to them. [Company Name] will maintain records concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of efforts to locate SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns and award subcontracts to them. The records shall -elude at least the following (on a plant-wide or company-wide basis, unless otherwise indicated): 1. Source lists (e.g., SAM), guides, and other data that identify SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns. 2. Organizations contacted in an attempt to locate sources that are SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns. 3. Records on each subcontract solicitation resulting in an award of more than $150,000, indicating: (A) Whether small business concerns were solicited and, if not, why not; (B) Whether veteran-owned small business concerns were solicited and, if not, why not; (C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not; (D) Whether HUBZone small business concerns were solicited and, if not, why not; (E) Whether small disadvantaged business concerns were solicited and, if not, why not; (F) Whether women-owned small business concerns were solicited and, if not, why not; and (G) If applicable, the reason award was not made to a small business concern. i 4. Records of any outreach efforts to contact (A) Trade associations; (B) Business development organizations; Page 17 Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Page 18 of 21 (C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, anclo, women-owned small business sources; and (D) Veterans service organizations. 5. Records of internal guidance and encouragement provided to buyers through (A) Workshops, seminars, training, etc.; and (B) Monitoring performance to evaluate compliance with the program's requirements. 6. On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement 7. Other records to support your compliance with the subcontracting plan: (Please describe below) IX. STATUTORY REQUIREMENTS (Found at FAR 19.702) ➢ Any contractor receiving a contract for more than the simplified acquisition threshold must agree in the contract that SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZon SDB (including ANCs and Indian tribes), and WOSB concerns will have the maximum practicable opportunity opportunily to participate in contract performance consistent with its efficient performance. ➢ It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns. ➢ See 19.702(a)(1) for requirements that are imposed in negotiated acquisitions, and (a)(2) for requirements that are imposed in sealed bidding acquisitions. ➢ As stated in 15 U.S.C. 637(d)(8), any contractor or subcontractor failing to comply in good faith with the requirements of the subcontracting plan is in material breach of its contract. Further, 15 U.S.C. 637(d)(4)(F) directs that a contractor's failure to make a good faith effort to comply with the requirements of the subcontracting plan shall result in the imposition of liquidated damages (see 19.702(c) and 19.705-7). X. DESCRIPTION OF GOOD FAITH EFFORT (Also refer to 13 CFR 125.3(d), Determination of Good Faith Effort) In order to demonstrate your compliance with a good faith effort to achieve the small business subcontracting goals, outline the steps below that your company plans to take. 0 (Company Namel will take the following steps to demonstrate compliance with a good faith effort in achieving small business subcontracting goals: Page 18 Schedule#70— Information Technology, Software& Services Solicitation FCIS-JB-980001B(Refresh#41) Page 19 of 21 The above requirements will be negotiated with the contracting officer prior to approval. The contracting officer must ensure per FAR 19.705-5(a)(5) that an acceptable plan is incorporated into and made a material part of the contract. SIGNATURE REQUIRED: Plan must be signed and dated by a company official. This subcontracting plan was SUBMITTED by: Signature: Typed Name: Company Title: Date Signed: Government Contracting Officer APPROVAL: Signature: Printed Name: Agency: Date Signed: REPORTING INSTRUCTIONS FOR CONTRACTORS Electronic Subcontracting Reporting System web-based reporting requirements found at FAR clause 52.219-9(I): The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs._qov. Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe. (1 ) ISR. This report is not required for commercial plans. The report is required for each contract containing an individual subcontract plan and shall be submitted to the Administrative Contracting Officer (ACO) or Contracting Officer, if no ACO is assigned. ;The report shall be submitted semi-annually during contract performance for the periods ending March 31 and September 30. A report is also required for each contract within 30 days of contract completion. Reports are due 30 days after the close of each reporting period, unless otherwise Page 19 Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001B(Refresh#41) Page 20 of 21 directed by the Contracting Officer. Reports are required when due, regardless of whether there haE3 been any subcontracting activity since the inception of the contract or the previous reporting period. (ii) When a subcontracting plan contains separate goals for the basic contract and each option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the sum of the base period through the current option; for example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option. (iii) The authority to acknowledge receipt or reject the ISR resides— (A) In the case of the prime Contractor, with the Contracting Officer; and (B) In the case of a subcontract with a subcontracting plan, with the entity that awarded the subcontract. (2) SSR. (i) Reports submitted under individual contract plans— (A) This report encompasses all subcontracting under prime contracts and subcontracts with the awarding agency, regardless of the dollar value of the subcontracts. (B) The report may be submitted on a corporate, company or subdivision (e.g. plant or division operating as a separate profit center) basis, unless otherwise directed by the agency. (C) If a prime Contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency's contracts, provided at least one of that agency's contracts is over$700,000 (over $1,500,000 for g construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime Contractors. However, for construction and related maintenance and repair, a separate report shall be submitted for each DoD component. (D) For DoD and NASA, the report shall be submitted semi-annually for the six months ending March 31 and the twelve months ending September 30. For civilian agencies, except NASA, it shall be submitted annually for the twelve month period ending September 30. Reports are due 30 days after the close of each reporting period. (E) Subcontract awards that are related to work for more than one executive agency shall be appropriately allocated. (F) The authority to acknowledge or reject SSRs in eSRS, including SSRs submitted by subcontractors with subcontracting plans, resides with the Government agency awarding the prime contracts. (ii) Reports submitted under a commercial plan— (A) The report shall include all subcontract awards under the commercial plan in effect during the Government's fiscal year. (B) The report shall be submitted annually, within thirty days after the end of the Government's fiscal year. (C) If a Contractor has a commercial plan and is performing work for more than one executive agency, the Contractor shall specify the percentage of dollars attributable to each agency from which contracts for commercial items were received. (D) The authority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved the commercial plan. Page 20 Schedule# 70—Information Technology,Software&Services Solicitation FCIS-JB-980001B(Refresh #41) Page 21 of 21 � ) All reports submitted at the close of each fiscal year (both individual and commercial plans) shall include a Year-End Supplementary Report for Small Disadvantaged Businesses. The report shall include subcontract awards, in whole dollars, to small disadvantaged business concerns by North American Industry Classification System (NAICS) Industry Subsector. If the data are not available when the year-end SSR is submitted, the prime Contractor and/or subcontractor shall submit the Year-End Supplementary Report for Small Disadvantaged Businesses within 90 days of submitting the year-end SSR. For a commercial plan, the Contractor may obtain from each of its subcontractors a predominant NAICS Industry Subsector and report all awards to that subcontractor under its predominant NAICS Industry Subsector. Contracting Officer (Insert e-nlall addresses) Small Business Technical Advisor (email address ('61.specific otlicciserviceiagency) Subcontracting Manager,Office of Small Business Utilization (deborah.eble(Q_gsa.goy or applicable alternate agency) Small Business Administration Representative (found at www.sba.goy and enter business zip code to find local resources/POC for contractor's location) 4 Page 21 1FnM,,iyrY �r rywp 01 (13 N _ ", rY „Q3 ,4a U . p O w 0-0, tD .. .. 4 C,' ,o " 011 01 ?, O CL roe; c� a) a r! " >w r 1 C�9 rr 00 C . 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LA 0 � .� in toLI U. w, C EL m L- w 2CDC! <inc) 2iLL. d as m -- s ul O i N � O m O C CD t O V 0 41 _ C [0 O cc W L C C O O � ' ti V d N .O N t V N fI! d �L d V V Q J � �' .U' Z` 0 uu (D U. _. 0 LI c w � 0 x — o S bx 6 � D >Q 10 CD LU n W ran w wcoc W LL 0_ LL 500 w 0 LLCD+ 00F 0 co > CO p `- U< C O CL 4 oG C M <a as f CD c cn CG 0 to u u) ... c 2 w o � = 0 LL u in 0 m 2 U"5 co 0 < CJ) W J WEL IL v 0 II 0 LL N C37 Q 77 E .ti- U LL ti u 0 M 0.. 00 00 a cD Q O LO = ; LO GOD, C7I Q7 LL lL () L ML n. m CD 0) r.r C) C r C70 C E Q) c Q! u) LL .0 � o X C «- U w .9 0 0 C3a t�9 W a) o 0 Z ) � L i N L- 76 'Eo LL11 — �I 0 U) cn 4 0 _ 0 co �OOf Ci L. M f3 IL 5; 0 < © u L LL cn2 Schedule#70—Information Technology,Software &Services Solicitation FCIS-JB-980001B (Refresh#41) THIS DOCUMENT IS AUTOMATED IN THE eOffer and eMod SYSTEM. You are not required to complete the paper version of this document. This document is provided for reference purposes only. �.i TRANSACTIONAL DATA REPORTING: On June 23rd,2016,the U.S. General Services Administration(GSA)published a final General Services Acquisition Regulation(GSAR)rule to capture transactional data on procurements across all of its Federal Supply Schedules(FSS)contracts or Multiple Award Schedule(MAS)contracts, and Government-wide Indefinite-Delivery, Indefinite-Quantity(IDIQ)contracts, including Government-wide Acquisition Contracts (GWACs).The Transactional Data Reporting(TDR)Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles.The rule supports the Government-wide category management initiatives by producing market intelligence that GSA and its partner agencies can use to make smarter acquisition decisions and save even more taxpayer dollars. TDR also removes the cumbersome Price Reduction Clause(PRC)and Commercial Sales Practice(CSP) requirements,reducing the burden on our industry partners. NOTE FOR NEW OFFERORS: For new offers received after the issuance of solicitation Refresh 41 under TDR Pilot SINS,the transactional data reporting clause and corresponding pricing disclosure changes will be mandatory.Therefore,PRC and CSP are not required for new offerors. Please SKIP this section. NOTE FOR EXISTING CONTRACORS: The TDR pilot SINS for IT Schedule 70 are: • 132-8—Purchase of General Purpose Commercial Information Technology New Equipment • 132-32- Term Software Licenses • 132-33 - Perpetual Software Licenses • 132-34 - Maintenance as a Service • 132-54—Commercial Satellite Communications(COMSATCOM)Transponded Capacity • 132-55—Commercial Satellite Communications(COMSATCOM)Subscription Services This section shall be completed by existing contractors if they offer non-TDR SINs ONLY and chose not to participate in the TDR pilot. However,if a contract has both TDR and non-TDR SINs,then the entire contract is subject to TDR and the PRC and CSP requirements shall be removed. Existing contractors under the TDR pilot Schedules/SINs may adopt the new transactional data reporting clause and corresponding pricing disclosure and PRC changes via a bilateral modification to be distributed via the mass modification process. Contractors may also decline the modification. However, contractors who decline the mass modification for the pilot SINs will be required to accept transactional data reporting terms and conditions before exercise of their next option period. Upon acceptance of the bilateral mass modification,the compliance requirements become effective for the contract,and the requirement for providing a CSP disclosure to accompany modification requests will be eliminated. In addition,vendors will no longer be required to track price reductions granted to their Basis of Award(BOA)customer or category of customers,beginning on the first day of the standard business quarter following acceptance of the mass modification for orders placed on or after the effective date of the modification. Other clauses and provisions are also being updated to implement TDR. COMMERCIAL SALES PRACTICES FORMAT (CSP-1) 1 Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001B (Refresh#41) THIS DOCUMENT IS AUTOMATED IN THE eOffer and eMod SYSTEM. You are not required to complete the paper version of this document. This document is provided for reference purposes only. Name of Offeror: �J SIN(s): Note: Please refer to clause 552.212-70, PREPARATION OF OFFER(MULTIPLE AWARD SCHEDULE), for additional information concerning your offer. Provide the following information for each SIN(or group of SINS or Sub SIN for which information is the same). (1) Provide the dollar value of sales to the general public at or based on an established catalog or market price during the previous 12-month period or the offerors last fiscal year: $_. State beginning and ending of the 12 month period. Beginning Ending . In the event that a dollar value is not an appropriate measure of the sales,provide and describe your own measure of the sales of the item(s). (2) Show your total projected annual sales to the Government under this contract for the contract term, excluding options, for each SIN offered. If you currently hold a Federal Supply Schedule contract for the SIN the total projected annual sales should be based on your most recent 12 months of sales under that contract. Special Item No. 132-3 Leasing of Product $ Special Item No. 132-4 Daily/Short Term Rental $ Special Item No. 132-8 Purchase of New Equipment $ Special Item No. 132-9 Purchase of Used or Refurbished Equipment $ Special Item No. 132-12 Maintenance of Equipment, Repair Services and/or Repair/Spare Parts $ Special Item No. 132-32 Term Software Licenses $ Special Item No. 132-33 Perpetual Software Licenses $ Special Item No. 132-34 Maintenance of Software $ Special Item No. 13240 Cloud Computing Services S Special Item No. 132-45A Penetration Testing Services $ Special Item No. 132-45B Incident Response $ Special Item No. 132-45C Cyber Hunt $ Special Item No. 132-45D Risk and Vulnerability Assessment(RVA)Services $ Special Item No. 132-50 Training Courses $ Special Item No. 132-51 Information Technology Professional Services $ Special Item No. 132-52 Electronic Commerce and Subscription Services $ Special Item No. 132-53 Wireless Services $ Special Item No. 132-54 Commercial Satellite Communications $ (COMSATCOM)Transponded Capacity Special Item No. 132-55 Commercial Satellite Communications $ (COMSATCOM) Subscription Services Special Item No. 132-56 Health Information Technology Services $ Special Item No. 132-60A Electronic Credentials,Not Identity Proofed $ (Assurance Level 1 —OMB M-04-04)Managed Service Offering Special Item No. 132-60B Electronic Credentials, Identity Proofed(Assurance $ Level 2—OMB M-04-04)Managed Service Offering Special Item No. 132-60C Digital Certificates, including ACES(Assurance $ Level 3 and 4—OMB M-04-04) Special Item No. 132-60D E-authentication Hardware Tokens $ Special Item No. 132-60E Remote Identity and Access Managed Service Offering $ Special Item No. 132-60F Identity and Access Management Professional Services $ Special Item No. 132-61 Public Key Infrastructure(PKI)Shared Services Provider(SSP) Program $ Special Item No. 132-62 HSPD-12 Product and Service Components $ Special Item No. 132-99 Introduction of New Information Technology Services $ and/or Products 2 Schedule#70—Information Technology, Software &Services Solicitation FCIS-JB-980001B(Refresh#41) THIS DOCUMENT IS AUTOMATED IN THE eOffer and eMod SYSTEM. You are not required to complete the paper version of this document. This document is provided for reference purposes only. Special Item No. 132-100 Ancillary Supplies and/or Services $ (3) Based on your written discounting policies(standard commercial sales practices in the event you do not have written discounting policies),are the discounts and any concessions which you offer the Government equal to or better than your best price (discount and concessions in any combination)offered to any customer acquiring the same items regardless of quantity or terms and conditions? YES NO_. (See definition of"concession"and"discount" in 552.212-70.) (4) (a) Based on your written discounting policies(standard commercial sales practices in the event you do not have written discounting policies), provide information as requested for each SIN (or group of SINS for which the information is the same) in accordance with the instructions at Figure 515.2, which is provided in this solicitation for your convenience. The information should be provided in the chart below or in an equivalent format developed by the offeror. Rows should be added to accommodate as many customers as required. CUSTOMER DISCOUNT QUANTITY/VOLUNIE Foil TERM CONCESSIONS (b) Do any deviations from your written policies or standard commercial sales practices disclosed in the above chart ever result in better discounts(lower prices)or concessions than indicated? YES NO . If YES,explain deviations in accordance with the instructions at Figure 515.4-2,which is provided in this solicitation for your convenience. (5) If you are a dealer/reseller without significant sales to the general public,you should provide manufacturers' information required by paragraphs(1)through(4)above for each item/SIN offered, if the manufacturer's sales under any resulting contract are expected to exceed$500,000. You must also obtain written authorization from the manufacturer(s)for Government access,at any time before award or before agreeing to a modification,to the manufacturer's sales records for the purpose of verifying the information submitted by the manufacturer. The information is required in order to enable the Government to make a determination that the offered price is fair and reasonable. To expedite the review and processing of offers, you should advise the manufacturer(s)of this requirement. The contracting officer may require the information be submitted on electronic media with commercially available spreadsheet(s). The information may be provided by the manufacturer directly to the Government. If the manufacturer's item(s)is being offered by multiple dealers/resellers, only one copy of the requested information should be submitted to the Government. In addition,you must submit the following information along with a listing of contact information regarding each of the manufacturers whose products and/or services are included in the offer (include the manufacturer's name,address,the manufacturer's contact point,telephone number,and FAX number) for each model offered by SIN: (a) Manufacturer's Name (b) Manufacturer's Part Number (c) Dealer's/Reseller's Part Number (d) Product Description (e) Manufacturer's List Price (f) Dealer's/Reseller's percentage discount from List Price or net prices 3 Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001B(Refresh #41) THIS DOCUMENT IS AUTOMATED IN THE eOffer and eMod SYSTEM. You are not required to complete the paper version of this document. This document is provided for reference purposes only. Figure 515.4-2-Instructions for Commercial Sales Practices Format If you responded"YES" to question(3),on the COMMERCIAL SALES PRACTICES FORMAT, complete the chart in question(4)(a)for the customer(s)who receive your best discount. If you responded "NO"complete the chart in question(4)(a)showing your written policies or standard sales practices for all customers or customer categories to whom you sell at a price(discounts and concessions in combination) that is equal to or better than the price(s)offered to the Government under this solicitation or with which the Offeror has a current agreement to sell at a discount which equals or exceeds the discount(s)offered under this solicitation. Such agreement shall be in effect on the date the offer is submitted or contain an effective date during the proposed multiple award schedule contract period. If your offer is lower than your price to other customers or customer categories, you will be aligned with the customer or category of customer that receives your best price for purposes of the Price Reduction clause at 552.238-75. The Government expects you to provide information required by the format in accordance with these instructions that is,to the best of your knowledge and belief,current, accurate,and complete as of 14 calendar days prior to its submission. You must also disclose any changes in your price list(s),discounts and/or discounting policies which occur after the offer is submitted,but before the close of negotiations. If your discount practices vary by model or product line, the discount information should be by model or product line as appropriate. You may limit the number of models or product lines reported to those which exceed 75%of actual historical Government sales(commercial sales may be substituted if Government sales are unavailable) value of the special item number(SIN). Column 1-Identify the applicable customer or category of customer. A "customer" is any entity,except the Federal Government,which acquires supplies or services from the Offeror. The term customer includes, but is not limited to original equipment manufacturers,value added resellers,state and local governments,distributors,educational institutions(an elementary,junior high,or degree granting school which maintains a regular faculty and established curriculum and an organized body of students),dealers, national accounts, and end users. In any instance where the Offeror is asked to disclose information for a customer,the Offeror may disclose information by category of customer if the offeror's discount policies or practices are the same for all customers in the category. (Use a separate line for each customer or category of customer.) Column 2-Identify the discount. The term"discount" is as defined in solicitation clause 552.212-70, Preparation of Offer(Multiple Award Schedule). Indicate the best discount(based on your written discounting policies or standard commercial discounting practices if you do not have written discounting policies)at which you sell to the customer or category of customer identified in column 1,without regard to quantity;terms and conditions of the agreements under which the discounts are given;and whether the agreements are written or oral. Net prices or discounts off of other price lists should be expressed as percentage discounts from the price list which is the basis of your offer. If the discount disclosed is a combination of various discounts(prompt payment,quantity,etc.),the percentage should be broken out for each type of discount. If the price lists which are the basis of the discounts given to the customers identified in the chart are different than the price list submitted upon which your offer is based, identify the type or title and date of each price list. The contracting officer may require submission of these price lists. To expedite evaluation,offerors may provide these price lists at the time of submission. Column 3-Identify the quantity or volume of sales. Insert the minimum quantity or sales volume which the identified customer or category of customer must either purchase/order,per order or within a specified period,to earn the discount. When purchases/orders must be placed within a specified period to earn a discount indicate the time period. Column 4-Indicate the FOB delivery term for each identified customer. See FAR 47.3 for an explanation of FOB delivery terms. Column 5-Indicate concessions regardless of quantity granted to the identified customer or category of customer. Concessions are defined in solicitation clause 552.212-70, Preparation of Offers(Multiple Award Schedule). If the space provided is inadequate,the disclosure should be made on a separate sheet by reference. 4 Schedule#70—Information Technology,Software &Services Solicitation FCIS-JB-980001B(Refresh#41) THIS DOCUMENT IS AUTOMATED IN THE eOffer and eMod SYSTEM. You are not required to complete the paper version of this document. This document is provided for reference purposes only. If you respond"YES"to question 4 (b) in the Commercial Sales Practices Format,provide an explanation `_. of the circumstances of deviation from your written policies or standard commercial sales practice (disclosed in the chart on the Commercial Sales Practices Format). Please explain how often the deviations occur. Your explanation should include a discussion of situations that lead to deviations from standard practice, an explanation of how often they occur, and the controls you employ to assure the integrity of your pricing. Examples of typical deviations may include,but are not limited to,one time goodwill discounts to charity organizations or to compensate an otherwise disgruntled customer;a limited sale of obsolete or damaged goods;the sale of sample goods to a new customer;or the sales of prototype goods for testing purposes. If deviations from your written policies or standard commercial sales practices(disclosed in the chart on the Commercial Sales Practices Format)are significant and/or frequent that the Contracting Officer cannot establish whether the price(s)offered is fair and reasonable,then you may be asked to provide additional information. The Contracting Officer may ask for information to demonstrate that you have made substantial sales of the item(s) in the commercial market consistent with the information reflected on the chart on the Commercial Sales Practice Format,a description of the conditions surrounding those sales deviations,or other information that may be necessary in order for the Contracting Officer to determine whether your offered price(s) is fair and reasonable. In cases where additional information is requested,the Contracting Officer will target the request in order to limit the submission of data needed to establish the reasonableness of the offered price. 5 Schedule 70: Refresh 41 Executive Summary Solicitation Number: MS413-980001-13 Published: November 18,2016 Executive Summary Information Technology Schedule 70 Solicitation, Refresh 41 FCIS-J g-980001- Overview As part of this refresh, the General Services Administration (GSA) is implementing The Transactional Data Reporting (TDR) Rule. On ,June 23, 2016, the D.S. General Services Administration (GSA) published a General Services Administration Acquisition Regulation (GEAR) final rule to capture transactional data on procurements across all of its Federal Supply Schedule (FSS) program contracts and Governmentwide Indefinite-Delivery, Indefinite-Quantity (IDIQ) contracts, to include Governmentwide Acquisition Contracts (G'WACs). The Transactional Data Reporting (TDR) Rule requires vendors to electronically report the price the Federal Government paid for an item or service purchased through GSA acquisition vehicles. As part of the strategic implementation of the rule across all GSA contracts, the agency will introduce the transactional data reporting requirement with a pilot of select products and services in the F S program. This pilot was introduced in a phased approach beginning in August 2016. Why is the GSA Federal Acquisition Service (FAS) implementing this change' The goals of TDR are to: • Significantly reduce burden to industry partners by eliminating Commercial Sales Practices (CSP) disclosure and Price Reductions clause (PRC) tracking requirements from Schedule contracts participating in the TDR pilot. • Reduce contract administration burden for TDR pilot vendors once TDR is implemented. • Provide business intelligence to strengthen "best value" decision-making by ordering activities, which will allow customers to take full advantage of the wide variety and complexity of products and services offered by Schedule Partners and pass on savings to the taxpayer. • Improve competition and increase transparency. • Support category management and promote smarter buying. For new contractors, reporting begins 30 days after the month in which the contract is awarded. For existing contractors, reporting begins 30 days after the end of the first month of the quarter following acceptance of the modification. If a current contractor accepts the modification during the last 15 days of a standard business quarter, reporting begins 30 days after the end of the first month of the next business quarter.. Page 1 of 3 Schedule 70: Refresh 41 Executive Summary Solicitation Number: FCIS413-980001-B Refresh Published: November 18,2016 For TDR Pilot contractors under Schedules 70 and OOCORP, if TDR SINs are included on a contract alongside non-TDR SINS, the entire contract is subject to TDR terms and conditions, and CSP and PRC requirements are removed for the entire contract. Participation in the TDR Pilot does not exempt the contractor from existing reporting requirements found elsewhere in the contract. For example„ Schedule 70 TDR Pilot contractors awarded SINS 132- 4 and 132- 55 will continue to report program-specific information under the enhanced quarterly reporting requirements. The following sections elaborate on the significant changes: 1. The following clauses/provisions are ADDED: • 552.216-70 Economic Price Adjustment— FSS Multiple Award Schedule Contracts (DEVIATION IV - JUL 2016) • 552.238-74 Industrial Funding Fee and Sales Reporting (MAY 2014) (ALTERNATE I -. JUN 2016) • 552.238-75 Price Reductions (JUL.. 2016) (ALTERNATE I - JUL 2016) • 552.238-81 Modification (Federal Supply Schedule) (APR 2014) (ALTERNATE It - JUN 2016) • Cl-FSS-151-N Additional Evaluation Factors for Award to New Offerors (OCT 2015) (ALTERNATE I - JUL 2016) • CI-FSS-151-S Additional Evaluation Factors for Award to Successful FSS Proggram. Contractors (OCT 2015) (ALTERNATE I - JUL 2016) • I-FSS-969 Economic Price Adjustment— FSS Multiple Award Schedule (OCT 2014) (ALTERNATE II - JUL 2016) • CP-FSS-001-N Instructions Applicable to New Offerors (OCT 2015) (ALTERNATE VI - JU'L 2016) • SCP..-FSS-0011-S Instructions Applicable to Successful FSS Program Contractors (MAR 2016) (ALTERNATE 11 - JUL 2016) 2. The fallowing Solicitation Attachments are lJ. 11 D l"IFD: • Solicitation Cover Page-Section # 22 of the cover page • Critical Information Specific To Schedule 70 • The COMMERCIAL SALES PRACTICES FORMAT (CSP-1) Template OTHER CHANGES NON-TDR Pilot related Clauses and SINS . The following clauselprolvision is DELETED: • 552.216-70 ECONOMIC PRICE ADJUSTMENT - FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (ALTERNATE I - SEP 1999) 4.. 'The following clauselprovision is ADDED: • 52..225-6 TRADE AGREEMENTS CERTIFICATE. (MAY 20....14) 5.. The following Clause/provision is ADDED: • 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) --, ' Page 2 of 3 Schedule 70: Refresh 41 Executive Summary Solicitation Number: FCIS-J 1-980001-1 Refresh Published: November 18,2016 • I-FSS-600 CONTRACT PRICE LISTS (OCT 2016) 552.216-70 ECONOMIC PRICE; ADJUSTMENT - FSS MULTIPLE AWARD SCHEDULE CONTRACTS (SEP 1999) (ALTERNATE I - SEP 1999) (DEVIATION -APR 2007) Page 3 of Schedule# 70—Information Technology, Software& Services Solicitation FCIS-JB-980001 B(Refresh#41) GSA Product Supply Letter (Letter must be on company Letterhead and signed by a corporate officer) Date [Name] [Company Name] [Company Address] [Company Address Line 2] [City State Zip] Re: Letter of Supply for FCS Group 70 Solicitation#FCIS-JB-980001 B LETTER OF SUPPLY (Manufacturer's or Other"Uninterrupted Supplier's" Name) agrees that it will supply [Offeror's Name], Inc. with sufficient quantities of the offered product(s) to meet the Government's needs for the duration of the contract period and any extensions thereof. COMMERCIAL PRODUCT CERTIFICATION (Manufacturer's or Other"Uninterrupted Supplier's" Name) certifies that all products proposed for inclusion on the Contract or any subsequent contract modification are newly manufactured products, that are of a type customarily used by the general public or by non-governmental entities for purposes other than governmental purposes, and are sold, leased, or licensed in the course of normal business operations to the general public. DISCOUNT TO RESELLER The discount being offered to [Offeror's Name] is . [Offeror's Name] is classified as a(insert dealer/distributor type) pursuant to (insert name and date of any agreement between the supplier and reseller). TRADE AGREEMENTS CERTIFICATE (Manufacturer's or "Other Uninterrupted Supplier's" Name) hereby states that each end product to be delivered under this contract is a U.S. made end product, a designated country end product, a Caribbean Basin country end product, a Canadian end product, or a Mexican end product as defined in the FAR clause 52.225-5 TRADE AGREEMENTS (Aug 2009). Any Trade Agreements clauses other than 52.225-5, are not acceptable. 1 Schedule# 70—Information Technology, Software& Services Solicitation FC[S-JB-980001 B(Refresh #41) PRICE REDUCTION NOTIFICATION (Manufacturer's or "Other Uninterrupted Supplier's" Name) agrees to notify [Offeror's Name] no less than thirty(30) days before any of the following: • Reduction of commercial price list of any product listed on a GSA Schedule Contract. • Decrease in reseller cost for any product listed on GSA Schedule Contract • Temporary price reductions, rebates, and/or promotions (Manufacturer's or"Other Uninterrupted Supplier's" Name) Dunfl-and Bradstreet number is (Manufacturer's or"Other Uninterrupted Supplier's" Name) production point for product(s) submitted for this solicitation is: Manufacturer's Name Street City, State, Zip County Telephone, Fax Sincerely, Name Title (Must be signed by a CORPORATE OFFICER) 2 Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) AGENT AUTHORIZATION LETTER (To be used in conjunction with K-FSS-1,if a third party agent is utilized by the proposing contractor) OUTLINE FOR AGENT AUTHORIZATION —THIS INFORMATION MUST BE PROVIDED IF AN AGENT (I.E., CONSULTANT OR THIRD PARTY AGENT) ASSISTED IN THE PREPARATION OF THE OFFER, WILL BE INVOLVED IN ANY PART OF THE EVALUATION OR NEGOTIATION OF THE OFFER, OR WILL BE INVOLVED IN ANY POST AWARD ACTIONS. The contracting officer will review the submitted agent authorization letter in accordance with Federal Acquisition Regulation (FAR) 4.102(e), which states, "when an agent is to sign the contract, other than as stated in paragraphs (a) through (d) of this section, the agent's authorization to bind the principal must be established by evidence satisfactory to the contracting officer." Please provide the following information on the principal's letterhead, without the above instructional language (This letter must be signed only by an authorized principal with authority to bind the offeror/contractor, such as a corporate officer. (i.e. may not be signed by sales or purchasing agent, etc.) For Solicitation No. the undersigned contractor (principal) , hereby authorizes (,agent) , to act as agent for the said contractor, with said specific authority delegated from the contractor to the agent. The authority of the agent is limited to exact and specific delegations. You may contact (agent/consultant) at (phone number and email). (Check desired delegations) Pre-award delegations: ❑Negotiate contract ❑ Sign contract ❑ Communicate with the Government Post-award delegations: ❑ Submit contract modification requests ❑ Negotiate contract modifications ❑ Sign contract modifications ❑ Submit GSA Advantage Pricelist Offeror(To be signed only by authorized principal,with authority to bind the undersigned contractor) Name(Printed) Title Date O o w C a� o ; E 'C c Q = P: ECl LL 0, u, a`(7 (A �� ow m (7 Q O N C S O N m o E ; � v ° �° o O W y @@� U w E ■ V ` N a) E N N w 5 E 0� E C) m e IL 'CO3 ° mom f0EF- '� o oc Ua'W O ND a) mm0 N p cow 3} to y ty E Z > ° > td (NDy ° �Q E O cpO 0 a) w.O p w OmI O m OO COZ7 0 M>,pC E ¢ m u (DO .ON Ica 01 O w(n G) C m ''j w m' p m0IL(nHa0 O Z L ° ajCL p co2 = y 0) 00 (m-n� Ql�•w. ¢J a) Lwm CO8j N CO C ?-D C } ( �E a- )o Dm � �o (n0E 3 Z a � 0 a a m� 6a LL M O ° ¢ C O m m M C t5 m r y C Q cNmm •L C N .`.uj N m O (n O � 7 Ha Cw N-0rn V e Oj H N (n m 8 co �' m c fn m t a o > M (n o C. 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(n . 3 o v,tn a.. °� w ° Z m o m T r E > ^ U. � c � (0mm cm 8m m. O y a� o Z (A �°,� c0�H m °c � w *0 C o c E c ¢•m (¢n ,m m ° > Nw S � ' ,,X m �v° (D m mc0i 0a >.omm c mc - 8 > > c01i C01 8 y,_. m t� y� E m0Z'aC m me 2— m � >.Im E— dod E2 a� m:, y c Ojm- m E � d (n 8O o • E w'� �•8 c��o m � � E •c m E._N m o u, } « c, " c c am a } a �' m 8 " aD n �' f0 8 a�ac ° E E wxmx Ox " C#) } x L (nc 'aav "Mg >,ij • W >-W � w O_ a= now Os a.y o c= C E a • ao8cnt= m0 CD _ m C N M m m rn w E L 12 E E•o :; 0) 5 -1 `Q a (n 0 Critical Information.Specific to Schedule#70--Information Technology, Software&Services Solicitation FCIIS-JS-980001 B Refresh#41 This document is provided for instructional purposes to outline the additional Terms and (Conditions requirements for each Special Item Number (SIN). Please note: In reference to I-➢w"SS-600(h)(3),T"he Federal Supply Schedule Price List must include tilt; following information prepared in the format set forth in this subparagraph I-FSS-600(b)(3):Cover letter, 26 items listed under Custorner Information and applicable terms and conditions outlined in the Critical Information Specific to Schedule 70 documenL Please follow the instructions as outlined in ➢-FSS-600 (OC°T 21113) in the completion and submission of your approved federal Supply Schedule Price List.. /r /, / /r / r r r r / rep,/ /// rr /✓�i ri/ /r„ /i//// //�, ///� ,,, '�>�r>llltil Ca �l�l /� � Tlrrr° y ►► . c "„ //i �f/lr,/a /i ""'ri/ %I" hT� t fT1�wl` I1Ci;I / r/ NOTE': The Transactional Data Reporting (TIT,) Mule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TIM PILOT DOES NO'T APT'LV TO THIS SIN, EXCEPT il`a TD -covered SIN(s) is proposed as part of your total offering to GSA (e.g. offer 132-51 and 132-8). If beetle TDyR and NON"TDR SINS are offered, then the entire contract is subject to TI R and the Price Reduction Clause (PRQ anti C"orumercial Sales Practice (C'SP) retluirenaents are removed for the entire contract." If NON "TDR SIN(s) are of`rered only, then the offering will be subject to the I11RC and C"SP **NOTE,: Under SIN 132-3 Leasing of Products,there are two sets of terms ,and conditions. Option 1 does not contain as cancellation claause, and all leases,a autonaaatieaallyx entire on September 30"r, or sooner. Option 2 contains a cancellation clause, in which the fee must be in accordance with applicable legal principles. You rnnaayf offer either option or both options.** LEASE"I""k'1"ES, The ordering activity will consider proposals for the following lease types: a. Lease to Ownership, b. Lease with Option to Own, and c. Step Lease. Orders for leased products must specify the leasing type. OPTION 1: 1. STATEMENT Page I of'8'1 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001B(Refresh#41) a. It is understood by all parties to this contract that orders issued under this SIN shall constitute a lease arrangement. Unless the ordering activity intends to obligate other than annual appropriations to fund the lease,the base period of the lease is from the date of the product acceptance through September 30 of the fiscal year in which the order is placed. b. Agencies are advised to follow the guidance provided in Federal Acquisition Regulation (FAR) Subpart 7.4 Product Lease or Purchase and OMB Circular A-] 1. Agencies are responsible for the obligation of funding consistent with all applicable legal principles when entering into any lease arrangement. 2. FUNDING AND PERIODS OF LEASING ARRANGEMENTS a. Annual Funding. When annually appropriated funds are cited on an order for leasing, the following applies: (1) The base period of an order for any lease executed by the ordering activity shall be for the duration of the fiscal year. All ordering activity renewal options under the lease shall be specified in the delivery order. All orders for leasing shall remain in effect through September 30 of the fiscal year or the planned expiration date of the lease, whichever is earlier, unless the ordering activity exercises its rights hereunder to acquire title to the product prior to the planned expiration date or unless the ordering activity exercises its right to terminate under FAR 52.212-4. Orders under the lease shall not be deemed to obligate succeeding fiscal year's funds or to otherwise commit the ordering activity to a renewal. (2) All orders for leasing shall automatically terminate on September 30, unless the ordering activity notifies the Contractor in writing thirty(30)calendar days prior to the expiration of such orders of the ordering activity's intent to renew. Such notice to renew shall not bind the ordering activity. The ordering activity has the option to renew each year at the original rate in effect at the time the order is placed. This rate applies for the duration of the order. If the ordering activity exercises its option to renew, the renewal order shall be issued within 15 days after funds become available for obligation by the ordering activity, or as specified in the initial order. No termination fees shall apply if the ordering activity does not exercise an option. b. Crossing Fiscal Years Within Contract Period. Where an ordering activity has specific authority to cross fiscal years with annual appropriations,the ordering activity may place an order under this option to lease product for a period up to the expiration of its period of appropriation availability, or twelve months, whichever occurs later,notwithstanding the intervening fiscal years. 3. DISCONTINUANCE AND TERMINATION Notwithstanding any other provision relating to this SIN, the ordering activity may terminate products leased under this agreement,at any time during a fiscal year in accordance with the termination provisions contained in FAR 52.212-4.(1)Termination for the ordering activity's convenience, or(m)Termination for cause. Additionally, no termination for cost or fees shall be charged for non-renewal of an option. *********************************************************************************** OPTION 2 To the extent an Offeror wishes to propose alternative lease terms and conditions that provide for lower discounts/prices based on the ordering activity's stated intent to fulfill the projected term of a lease including option years,while at the same time including separate charges for early end of the lease,the following terms apply. These terms address the timing and extent of the ordering activity's financial Page 2 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) obligation including any potential charges for early end of the lease. 1. LEASING PRICE LIST NOTICE: Contractors must include the following notice in their contract price list for SIN 132-3: "The ordering activity is responsible for the obligation of funds consistent with applicable law. Agencies are advised to review the lease terms and conditions contained in this price list prior to ordering and obligating funding for a lease." 2. STATEMENT OF ORDERING ACTIVITY INTENT: (a) The ordering activity and the Contractor understand that a delivery order issued pursuant to this SIN is a lease arrangement and contemplates the use of the product for the term of the lease specified in such delivery order(the"Lease Term"). In that regard,the ordering Activity,as lessee, understands that the lease provisions contained herein and the rate established for the delivery order are premised on the ordering Activity's intent to fulfill that agreement, including acquiring products for the period of time specified in the order. Each lease hereunder shall be initiated by a delivery order which shall,either through a statement of work or other attachment, specify the product being leased,and the required terms of the transaction. (b) Each ordering activity placing a delivery order under the terms of this option intends to exercise each renewal option and to extend the lease until completion of the Lease Term so long as the need of the ordering activity for the product or functionally similar product continues to exist and funds are appropriated. Contractor may request information from the ordering activity concerning the essential use of the products. 3. LEASE TERM: (a) The date on which the ordering activity accepts the products is the Commencement Date of the lease. For acceptance to occur,the products must operate in accordance with the product's published specifications and statement of work. Acceptance shall be in accordance with the terms of the contract or as otherwise negotiated by the ordering activity and the Contractor. (b) Any lease is executed by the ordering activity on the basis that the known requirement for such product exceeds the initial base period of the delivery order,which is typically 12 months,or for the remainder of the fiscal year. Pursuant to FAR 32.703-3(b),delivery orders with options to renew that are funded by annual(fiscal year)appropriations may provide for initial base periods and option periods that cross fiscal years as long as the initial base period or each option period does not exceed a 12 month period. Defense agencies must also consider DOD FAR supplement(DFAR)232.703-3(b) in determining whether to use cross fiscal year funding.This cross fiscal year authority does not apply to multi-year leases. (c) The total Lease Term will be specified in each delivery order, including any relevant renewal options of the ordering activity. All delivery orders,whether for the initial base period or renewal period, shall remain in effect through September 30 of the fiscal year(unless extended by statute),through any earlier expiration date specified in the delivery order,or until the ordering activity exercises its rights hereunder to acquire title to the product prior to such expiration date. The ordering activity, at its discretion, may exercise each option to extend the term of the lease through the lease term. Renewal delivery orders shall not be issued for less than all of the product and/or software set forth in the original delivery order. Delivery orders under this SIN shall not be deemed to obligate succeeding fiscal year funds. The ordering activity shall provide the Contractor with written notice of exercise of each renewal option as soon as practicable. Notice requirements may be negotiated on an order-by-order basis. Page 3 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001B(Refresh#41) (d) Where an ordering activity's specific appropriation or procurement authority provides for contracting beyond the fiscal year period,the ordering activity may place a delivery order for a period up to the expiration of the Lease Term,or to the expiration of the period of availability of the multi-year appropriation,or whatever is appropriate under the applicable circumstance. 4. LEASE TERMINATION: (a) The ordering activity must elect the Lease Term of the relevant delivery order. The Contractor (and assignee, if any)will rely on the ordering activity's representation of its intent to fulfill the full Lease Term to determine the monthly lease payments calculated herein. (i) The ordering activity may terminate or not renew leases under this option at no cost, pursuant to a Termination for Non-Appropriation as defined herein(see paragraph(c)below). In any other event,the ordering activity's contracting officer may either terminate the relevant delivery order for cause or Termination for Convenience in accordance with FAR 52.212-4 paragraphs(1)and(m). (ii) The Termination for Convenience at the end of a fiscal year allows for separate charges for the early end of the lease(see paragraph(d)below). In the event of termination for the convenience of the ordering activity,the ordering activity may be liable only up to the amount beyond the order's Termination Ceiling. Any termination charges calculated under the Termination for Convenience clause must be determined or identified in the delivery order or in the lease agreement. (b) Termination for Convenience of the Ordering Activity: Leases entered into under this option may not be terminated except by the ordering activity's contracting office responsible for the delivery order in accordance with FAR 52.212-4, Contract Terms and Conditions-Commercial Items,paragraph(1), Termination for Convenience of the ordering activity. The costs charged to the ordering activity as the result of any Termination for Convenience of the ordering activity must be reasonable and may not exceed the sum of the fiscal year's payment obligations less payments made to date of termination plus the Termination Ceiling (c) Termination for Non-Appropriation: The ordering activity reasonably believes that the bona fide need will exist for the entire Lease Term and corresponding funds in an amount sufficient to make all payment for the lease Term will be available to the ordering activity. Therefore, it is unlikely that leases entered into under this option will terminate prior to the full Lease Term. Nevertheless,the ordering activity's contracting officer may terminate or not renew leases at the end of any initial base period or option period under this paragraph if(a)it no longer has a bona fide need for the product or functionally similar product;or(b)there is a continuing need,but adequate funds have not been made available to the ordering activity in an amount sufficient to continue to make the lease payments. If this occurs,the ordering activity will promptly notify the Contractor,and the product lease will be terminated at the end of the last fiscal year for which funds were appropriated. Substantiation to support a termination for non- appropriation shall be provided to the Contractor upon request. (d) Termination Charges: At the initiation of the lease,termination ceilings will be established for each year of the lease term.The termination ceiling is a limit on the amount that a Contractor may be paid by the ordering activity on the Termination for Convenience of a lease.No claim will be accepted for future costs: supplies, maintenance, usage charges or interest expense beyond the date of termination. In accordance with the bona fide needs rule,all termination charges must reasonably represent the value the Page 4 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) ordering activity received for the work performed based upon the shorter lease term. No Termination for Convenience costs will be associated with the expiration of the lease term. (e) At the order level,the ordering activity may,consistent with legal principles, negotiate lower monthly payments or rates based upon appropriate changes to the termination conditions in this section. LEASE PROVISIONS COMMON TO ALL TYPES OF LEASE AGREEMENTS **The following terms and conditions are applicable to any lease awarded under this contract regardless of type or option.** 1. ORDERING PROCEDURES: (a) When an ordering activity expresses an interest in leasing a product(s),the ordering activity will provide the following information to the prospective Contractor: (i) Which product(s)is(are)required, including applicable Energy Star or Electronic Product Environmental Assessment Tool(EPEAT)requirements. (ii) The required delivery date. (iii) The proposed lease plan and term of the lease. (iv) Where the product will be located. (v) Description of the intended use of the product. (vi) Source and type of appropriations to be used. (b) The Contractor will respond with: (i) Whether the Contractor can provide the required product. (ii) The estimated residual value of the product(Lease with Option to Own and Step Lease only). (iii) The monthly payment based on the rate. (iv) The estimated cost, if any,of applicable State or local taxes. State and local personal property taxes are to be estimated as separate line items in accordance with FAR 52.229-1,which may be identified and added to the monthly lease payment. (v) A confirmation of the availability of the product on the required delivery date. (vi) Extent of warranty coverage, if any,of the leased products. (vii) The length of time the quote is valid. (c) The ordering activity may issue a delivery order to the Contractor based on the information set forth in the Contractor's quote. In the event that the ordering activity does not issue a delivery order within the validity period stated in the Contractor's quote letter,the quote shall expire. 2. ASSIGNMENT OF CLAIMS: GSAR 552.232-23, Assignment of Claims, is incorporated herein by reference as part of these lease provisions. The ordering activity's contracting officer will acknowledge the assignment of claim for a Page 5 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) lease in accordance with FAR 32.804-5. The extent of the assignee's protection is in accordance with FAR 32.804. Any setoff provision must be in accordance with FAR 32.803. . 3. PEACEFUL POSSESSION AND UNRESTRICTED USE: In recognition of the types of products available for lease and the potential adverse impact to the ordering activity's mission,the ordering activity's quiet and peaceful possession and unrestricted use of the product shall not be disturbed in the event the product is sold by the Contractor,or in the event of bankruptcy of the Contractor,corporate dissolution of the Contractor,or other event. The product shall remain in the possession of the ordering activity until the expiration of the lease. Any assignment, sale, bankruptcy,or other transfer of the leased product by the Contractor will not relieve the Contractor of its obligations to the ordering activity, and will not change the ordering activity's duties or increase the burdens or risks imposed on the ordering activity. 4. COMMENCEMENT OF LEASE: The date on which the ordering activity accepts the products is the Commencement Date of the lease. Acceptance is as defined elsewhere in the contract, or as further specified in the order. 5. INSTALLATION AND MAINTENANCE: a. Installation and Maintenance, when applicable, normally are not included in the charge for leasing. The Contractor may require the ordering activity to obtain installation and maintenance services from a qualified source.The ordering activity may obtain installation and/or maintenance on the open market, from the Contractor's schedule contract,or from other sources. The ordering activity may also perform installation and/or maintenance in house, if qualified resources exist. In any event, it is the responsibility of the ordering activity to ensure that maintenance is in effect for the Lease term for all products leased. b. When installation and/or maintenance are ordered under this schedule to be performed by the Contractor,the payments,terms and conditions as stated in this contract apply. The rates and terms and conditions in effect at the time the order is issued shall apply during any subsequent renewal period of the lease. The maintenance rates and terms and conditions may be added to the lease payments with mutual agreement of the parties. 6. MONTHLY PAYMENTS: a. Prior to the placement of an order under this Special Item Number,the ordering activity and the Contractor must agree on a"base value"for the products to be leased. For Lease to Ownership(Capital Lease)the base value will be the contract purchase price(less any discounts). For Lease with Option to Own(Operating Lease),the base value will be the contract purchase price(less any discounts), less a mutually agreed upon residual value(pre-stated purchase option price at the conclusion of the lease)for the products. The residual value will be used in the calculation of the original lease payment, lease extension payments,and the purchase option price. b. To determine the initial lease term payment,the Contractor agrees to apply the negotiated lease factor to the agreed upon base value: Page 6 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) For Example: Lease factor one(1) percent over the rate for the three year(or other term)Treasury Bill (T-bill)at the most current U. S. Treasury auction. The lease payment may be calculated by using a programmed business calculator or by using"rate" functions provided in commercial computer spreadsheets(e.g., Lotus 1-2-3, Excel). C. For any lease extension,the extension lease payment will be based on the original residual value, in lieu of the purchase price. The ordering activity and the Contractor shall agree on a new residual value based on the estimated fair market price at the end of the extension. The formula to determine the lease payment will be that in 6.b.above. d. The purchase option price will be the fair market value of the product or payment will be based upon the unamortized principle, as shown on the payment schedule as of the last payment prior to date of transfer of ownership,whichever is less. NOTE: At the order level,ordering activity may elect to obtain a lower rate for the lease by setting the purchase option price as either,the fair market value of the product or unamortized principle. The methodology for determining lump sum payments may be identified in the pricelist. e. The point in time when monthly rates are established is subject to negotiation and evaluation at the order level. In the event the ordering activity desires,at any time, to acquire title to product leased hereunder,the ordering activity may make a one-time lump sum payment. t 7, LEASE END/DISCONTINUANCE OPTIONS: a. Upon the expiration of the Lease Term,Termination for Convenience, or Termination for Non- Appropriation,the ordering activity will return the Product to the Contractor unless the ordering activity by 30 days written notice elects either: (i) to purchase the product for the residual value of the product,or (ii) to extend the term of the Lease, as mutually agreed. To compute the lease payment,the residual value from the preceding lease shall be the initial value of the leased product. A new residual value shall be negotiated for the extended lease and new lease payments shall be computed. b. Relocation -The ordering activity may relocate products to another location within the ordering activity with prior written notice. No other transfer, including sublease, is permitted. ordering activity shall not assign,transfer or otherwise dispose of any products,or any interest therein, or crate or suffer any levy, lien or encumbrance then except those created for the benefit of Contractor or it's assigns. C. Returns: (i) Within fourteen(14)days after the date of expiration,non-renewal or termination of a lease,the ordering activity shall,at its own risk and expense,have the products packed for shipment in accordance with manufacturer's specifications and return the products to Contractor at the location specified by Contractor in the continental US, in the same condition as when delivered,ordinary wear and tear excepted. Any expenses necessary to return the products to good working order shall be at ordering activity's expense. (ii) The Contractor shall conduct a timely inspection of the returned products and within 45 days of the return, assert a claim if the condition of the product exceeds normal wear and tear. Page 7 of 81 Critical Information Specific to Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) (iii) Product will be returned in accordance with the terms of the contract and in accordance with Contractor instruction. (iv) With respect to software,the ordering activity shall state in writing to the Contractor that it has: (1) deleted or disabled all files and copies of the software from the equipment on which it was installed; (2) returned all software documentation, training manuals, and physical media on which the software was delivered; and (3) has no ability to use the returned software. 8. UPGRADES AND ADDITIONS: a. The ordering activity may affix or install any accessory, addition, upgrade, product or device on the product("additions")provided that such additions: (1) can be removed without causing material damage to the product; (2) do not reduce the value of the product; and (3) are obtained from or approved by the Contractor,and are not subject to the interest of any third party other than the Contractor. b. Any other additions may not be installed without the Contractor's prior written consent. At the end of the lease term, the ordering activity shall remove any additions which: (1) were not leased from the Contractor,and (2) are readily removable without causing material damage or impairment of the intended function, use, or value of the product,and restore the product to its original configuration. C. Any additions that are not so removable will become the Contractor's property(lien free). d. Leases of additions and upgrades must be co-terminus with that of the product. 9. RISK OF LOSS OR DAMAGE: The ordering activity is relieved from all risk of loss or damage to the product during periods of transportation, installation,and during the entire time the product is in possession of the ordering activity, except when loss or damage is due to the fault or negligence of the ordering activity. The ordering activity shall assume risk of loss or damage to the product during relocation,(i.e.,moving the product from one ordering activity location to another ordering activity location), unless the Contractor shall undertake such relocation. 10. TITLE: During the lease term,product shall always remain the property of the Contractor. The ordering activity shall have no property right or interest in the product except as provided in this leasing agreement and shall hold the product subject and subordinate to the rights of the Contractor. Software and software licenses shall be deemed personal property. The ordering activity shall have no right or interest in the software and related documentation except as provided in the license and the lease. Upon the Commencement Date of Page 8 of 81 Critical Information Specific to Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) the Lease Term,the ordering activity shall have an encumbered license to use the software for the Lease Term. The ordering activity's encumbered license rights in the software will be subject to the same rights as provided to a purchaser of a license under the terms of this contract except that the ordering activity will not have an unencumbered, paid-up license until it has made all lease payments for the full Lease Term in the case of an Lease To Ownership or has otherwise paid the applicable purchase option price. 11. TAXES: The lease payments, purchase option prices, and interest rates identified herein exclude all state and local taxes levied on or measured by the contract or sales price of the product furnished hereunder. The ordering activity will be invoiced for any such taxes as Contractor receives such tax notices or assessments from the applicable local taxing authority. Pursuant to the provisions of FAR 52,229-1 (Deviation—May 2003), State and Local Taxes,the ordering activity agrees to pay tax or provide evidence necessary to support an exemption from the tax. ** NOTE: Contractor may propose additional terms and conditions (regarding SIN 132-3) for billings, payments,and/or invoices,as long as they are consistent with terms and conditions specified elsewhere. ** 12. OPTION TO PURCHASE EQUIPMENT (FEB 1995) (FAR 52.207-5) (a) The Government may purchase the equipment provided on a lease or rental basis under this contract.The Contracting Officer may exercise this option only by providing a unilateral modification to the Contractor. The effective date of the purchase will be specified in the unilateral modification and may be any time during the period of the contract, including any extensions thereto. (b) Except for final payment and transfer of title to the Government,the lease or rental portion of the contract becomes complete and lease or rental charges shall be discontinued on the day immediately preceding the effective date of purchase specified in the unilateral modification required in paragraph(a) of this clause. (c) The purchase conversion cost of the equipment shall be computed as of the effective date specified in the unilateral modification required in paragraph(a)of this clause, on the basis of the purchase price set forth in the contract, minus the total purchase option credits accumulated during the period of lease or rental, calculated by the formula contained elsewhere in this contract. (d) The accumulated purchase option credits available to determine the purchase conversion cost will also include any credits accrued during a period of lease or rental of the equipment under any previous Government contract if the equipment has been on continuous lease or rental.The movement of equipment from one site to another site shall be"continuous rental. Page 9 of 81 Critical Information Specific to Schedule##70—Information Technology, Software&Services Solicitation FCIS JB-900001 B(Refresh##41) � � , /i/ ri i , ,, �,✓ �l is, i� ii, i „/i�,ii,.� . � �ii��,///, / / NOTE;: The Transactional Data Reporting (TI)I ), Rule requires vendors to electronically report the price the federal government paid for an iteyn or set-vice purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO TifiiS SIN, EXCEPT if a TDR-covered SIN(s) is proposed as part of your total offering to GSA (e.g. offer 132-51 and 132-8). If both TDR and NON TDR SIN:s are offered, then the entire contract is subject to 'I'I:R and the Price Deduction Clause (PRC) and Commercial Sales Practice (CSP) requirements are removed for the entire contract." If NON TIT: SIN(s) are offered only, then the offering will be; sub:ect to the PRC and C IS' 1. STATEMENT a. It is understood by all parties to this contract that this is ca daily or short term rental arrangement. In the sense that someone would rent a car for a day or a week and lease it for one or more years, the intent ofthis Schedule pricelist is to provide for tlae rental of Information Technology products for brief periods of time for purposes such as disaster recovery,trade shows, short term training support or other short term requirements. If the ordering activity's requirement is likely to exceed six months,then other means of acquisition such as lease or purchase should be considered. b. Agencies are advised to followa,the guidance provided in Federal Acquisition Regulation (FAR) Subpart 7.4 Equipment [-ease or Purchase, and the guidelines provided in Federal Property Management Regulations (FPMR) 101-25.5 Guidelines for Making Purchase or Lease Determinations, in determining whether equipraaent should be acquired by purchase, lease or rental. 2. DENTAL ARRANGEMENTS a. In recognition of the types of products on this Schedule and the potential adverse impact to the ordering; activity's mission, the ordering,activity's quiet and peaceful possession and unrestricted use of the equipment shall not be disturbed in the event the equipment is sold by the Contractor, or in the event of bankruptcy of the Contractor, corporate dissolution ofthe Contractor, or other event, so long,as the ordering;activity is not in default. Tlae equipment shall remain in tlae possession of the ordering activity until tlae expiration of the rental agreement. Any assignment, sale, bankruptcy, or other transfer of the rented equipment by the Contractor will not relieve the Contractor of its obligations to the ordering activity, and will not change the orderings activity's duties or increase the burdens or risks imposed on the ordering activity. b. GS R 552.232-23 Assignment of Claims is incorporated herein by reference as part of this pricelist. 3. GI2I?EKING PROCEDURE a. When as ordering activity wishes to place a rental order through this Schedule, the following information will be provided to the vendor: 1. The required products, including,,applicable I;raergy Star or Electronic Product Environmental Assessment Tool (E?PEAT)requirements, 2. 'File required delivery date, 3. 'File term of the rental order, and Page 10 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) 4. The location and intended use of the equipment. J b. The vendor will respond with whether the equipment can be provided on the required delivery date. 4. MAINTENANCE AND INSTALLATION Maintenance is included in the charge for rental. The ordering activity may obtain installation from the Contractor or from other sources, including ordering activity performed installation and/or maintenance. 5. RENTAL PAYMENTS a. Rental payments are as stated in this pricelist. b. If the sum of the payments exceeds _%of the stated initial value of the rented property,then ownership of the rented property transfers to the renting ordering activity. "NOTE: Offeror is to insert a proposed percentage." 6. ORDER END OPTION At the end of the order rental term, the ordering activity will return the equipment to the Contractor pursuant to paragraph 12 unless by written notice, at least three(3)days prior to expiration of the rental term,the ordering activity elects to extend the rental order. 7. UPGRADES AND ADDITIONS a. The ordering activity may affix or install any accessory,addition, upgrade,equipment or device on the equipment("additions")provided that such additions: (1) can be removed without causing material damage to the equipment; (2) do not reduce the value of the equipment;and (3) are obtained from or approved by the Contractor,and are not subject to the interest of any third party other than the Contractor. b. Any other additions may not be installed without the Contractor's prior written consent. At the end of the rental term, the ordering activity shall remove any additions which: (1) were not rented from the Contractor,and (2) are readily removable without causing material damage or impairment of the intended function, use, or value of the equipment,and restore the equipment to its original configuration. C. Any Additions which are not so removable will become the Contractor's property(lien free). 8. RISK OF LOSS OR DAMAGE The ordering activity is relieved from all risk of loss or damage to the equipment during periods of transportation, installation,and during the entire time the equipment is in possession of the ordering activity,except when loss or damage is due to the fault or negligence of the ordering activity. The ordering activity shall assume risk of loss or damage to the equipment during relocation unless the Contractor shall undertake such relocation. Page 11 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) 9. TITLE The rented property shall always remain the property of the Contractor. The ordering activity shall have no right or interest in the equipment except as provided in this rental Schedule and the rental order and shall hold the property subject and subordinate to the rights of the Contractor. 10. TAXES The Contractor is responsible for all state and local taxes. 11. DISCONTINUANCE AND TERMINATION Equipment rented under this agreement may be terminated at any time during a fiscal year in accordance with FAR 52.212-4, paragraph(1)Termination for the ordering activity's convenience. 12. RETURN OF EQUIPMENT a. Within three(3)days after the date of expiration or termination of rental order,the ordering activity shall, at its own risk and expense, have the equipment packed for shipment in accordance with the Contractor's specifications and shall return the equipment to the Contractor at the Contractor's facility nearest to the ordering activity location, in the same condition as when delivered,ordinary wear and tear excepted. b. Upon request by the ordering activity and at the ordering activity's expense,the Contractor shall assist in the deinstallation and packing of equipment so terminated or discontinued. Such services, if required,are outside the scope of the contract. C. The vendor shall conduct a timely inspection of the returned products and within 30 days of the return,assert any claim if the equipment condition exceeds normal wear and tear. 10 Page 12 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS JS-9800011 (Refresh#411 J Ott1"�r 11,W"L'1wwi %.. ,� � //it/rna/p�r�,,ui�//,,,rci�a,.i, /r„r,lr�„c/ ITE GY l','o '// W/O r it NOTE: The Transactional Data 1hportin ; (TI:DR) Rule requires vendors to electronically report Me prier:; the federal gm,ernnaent paid for an itenr or service purchase(] through GSA acquisition vehicles. The TDR PIIA)T APPLIES TO THIS SIN, If as T1DR covered SIN(s) is included on as contract or offer with neon-TD SIN(s), then the entire contract is subject to TIT and the Price Reduction (louse (PRC") and C onanaerciarl Sales Practice (C'S11) requirements are removed fear the entire contract. However, the 'I'DR clause aloes not exempt the contractor from existing reporting requirements frond elsemlere in the contract. Note: Cerannnercia Hy aawaai%le pnMuels under Hums sualic•iwion may he t•uawera d by the t: iergy Star or Eleclronie, Product 1°;nviraau°vnentaA Assessment Tool (1 1"14;AT) paraugr,ams, For apaplkaahle products, offerors are a:airuco uraa ed to ur0 r EWergy SinnqunUed panWuM and EPI:A'.p°. -egkieuw d products,at the Bronze le%e'l or higher. 11 offerors opt to orfer Enugy Shur- or Ebctrr nk Prcarlumt Environmental Asse°ss,menl 'Fool (EPEAI) pnidurels, Then they shall We:ntil"wv hy� inoda:l Well par oduos urferecl are Energy St�ar���guNhfiml and h:1~EA 1"-rcrg,l,is wrmaaal, larcalcen o ul In, n4ldstraathm level of laronze, silver, or gaulu.l. YAt the Green Iloc°uren eni C:'aanapailaal on, Mr as asmnplew Bail of pu•aQ uels caar erNl by there prrrgr arrm, 1. MATERIAL AND WORKMANSHIP All equipment furnished hereunder must satisfactorily perform the function for which it is intended. 2, ORDER Written orders, E D1 orders(GSA Advantage! and FACl"*lET), credit card orders, and orders placed under blanket purchase agreements (13PA) agreements shall be the basis for purchase in accordance with the provisions of"this contract. If time of delivery extends beyond the expiration date of the contract, the Contractor will be obligated to meet the delivery and installation date specified in the original order. For credit card orders and BPAs, telephone orders are permissible. 3, TRANSPORTATION OF EQUIPMENT FOB DESTINATION, Prices cover equipment delivery to destination, for any location within the geographic scope of this contract. 4. INSTALLATION AND TECHNICAL SERVICES *INO'1'1%a Contractors are to indicate in the paricelist whether the equQment is selAhstaallaabin '' a. INSTALLATION. When the equipment provided under this contract is not normally self- installable, the Contractor's technical personnel shall be available to the ordering activity, at the ordering activity's location,to install the equipment and to train ordering activity personnel in the use and maintenance of'the equipment. The charges, if any, for such services are listed below, or in the price: schedule: Page 13 of 81. Critical Information Specific to Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Page 14 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) "NOTE: CONTRACTORS SHOULD PROVIDE COMMERCIAL PRACTICES FOR INSTALLATION/DEINSTALLATION/REINSTALLATION FOR REVIEW AND POSSIBLE INCLUSION IN THE CONTRACT." b. INSTALLATION, DEINSTALLATION, REINSTALLATION. The Davis-Bacon Act(40 U.S.C. 276a-276a-7)provides that contracts in excess of$2,000 to which the United States or the District of Columbia is a party for construction,alteration,or repair(including painting and decorating)of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies,equipment, or services. For example,the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds$2,000,then the requirement of the Davis-Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8 or SIN 132-9. C. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity with one(1)copy of all operating and maintenance manuals which are normally provided with the equipment being purchased. 5. INSPECTION/ACCEPTANCE The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its post acceptance rights(1)within a reasonable time after the defect was discovered or should have been discovered; and (2)before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 6. WARRANTY a. Unless specified otherwise in this contract,the Contractor's standard commercial warranty as stated in the contract's commercial pricelist will apply to this contract. "Contractor is to insert commercial warranty clauses." b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. C. Limitation of Liability. Except as otherwise provided by an express or implied warranty,the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant,the address is as follows: Page 15 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) 7.PURCHASE PRICE FOR ORDERED EQUIPMENT The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement, or the ordering activity purchase price in effect on the installation date(or delivery date when installation is not applicable), whichever is less. 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations(Federal, State, City or otherwise) covering work of this character, and shall include all costs, if any, of such compliance in the prices quoted in this offer. 9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT When an ordering activity determines that Information Technology equipment will be replaced,the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation(FAR),the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations(FPMR)(41 CFR 101-43.6), and the policies and procedures on exchange/sale contained in the FPMR(41 CFR part 101-46). Page 16 of 81 Critical Information Specific to Scheduie#70--Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh 41) All r/ �rriii/�/r r���/r//%////��/T� l %'4✓ ��A.� ,X� A,z L�i.✓ � /,A'Jr/� A"�.�uf�J,'i:" i..r%/ /ram �r i/: ;/ /4�r �1`,1+� / /r r E�10 �H ��T�+�'Mx�l��''X+IC!�''/J["Iu''I��Tt+T+luf►�.r:�1�."r` ��+r1CM��t:.IU�H."°,'„' r/ NOTE: The Transactional Data Reporting (TDR) Jule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN, EXCEPT if a TDR-covered SIN(s) is proposed as part of your total offering to GSA (e.g. offer 132-51 and 1.32-8). If both TDR and NON TIT SINS are offered, then the entire contract is subject to TDR and the Price Reduction Clause (PRC) and Commercial Sales Practice (CSP) requirements are removed for the entire contract." If NON TDR SIN(s) are offered only, then the offering will be subject to the PRC and CSP. **NOTE: Used or Refurbished equipment offered under SIN 1.32-9 must be clearly identified as being used or refurbished in GSA Pricelist pricing charts, GSA Advantage product descriptions, and in any response to a customer Request for Quote (RFQ) or request for information (RFI).** 1. MATERIAL AND WORKMANSHIP All equipment furnished hereunder must satisfactorily perform the function for which it is intended. 2, ORDER Written orders, EDI orders(GSA Advantage! and FACNET),credit card orders,and orders placed under blanket purchase agreements(BPA) agreements shall be the basis for purchase in accordance with the provisions of this contract. If tirne of delivery extends beyond the expiration date of the contract,the Contractor will be obligated to meet the delivery and installation date specified in the original order. For credit card orders and BPAs,telephone orders are permissible. 3. TRANSPORTATION OF EQUIPMENT FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract. 4. INSTALLATION AND TECHNICAL SERVICES ,.*NOTE: Contractors are to indicate in the pricelist whether the equipment is self-installable.*" a. INS,rALLATION. When the equipment provided under this contract is not normally self- installable,the Contractor's technical personnel shall be available to the ordering activity, at the ordering activity's location, to install the equipment and to train ordering activity personnel in the use and maintenance of the equipment. The charges, if any, for such services are listed below,or in the price schedule: **NOTE: CONTRACTORS SHOULD]PROVIDE COMMERCIAL,PRACTICES FOR INSTALLATIONIDEINSTALLATIONIREINSTALLATION FOR REVIEW AND POSSIBLE INCLUSION IN THE CONTRACT.** b. INSTALLATION, DEINSTALLATION, REINSTALLATION. The Davis-Bacon Act(40 U.S.C. Page 17 of 81 Critical Information Specific to Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001B(Refresh#41) 276a-276a-7)provides that contracts in excess of$2,000 to which the United States or the District of Columbia is a party for construction,alteration,or repair(including painting and decorating)of public Page 18 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FC I S-J B-980001 B(Refresh#41) buildings or public works with the United States,shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example,the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000,then the requirement of the Davis-Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation,deinstallation,and reinstallation services under SIN 132-8 or SIN 132-9. C. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity with one(1)copy of all operating and maintenance manuals which are normally provided with the equipment being purchased. 5. INSPECTION/ACCEPTANCE The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its post acceptance rights(1)within a reasonable time after the defect was discovered or should have been discovered;and(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 6. WARRANTY a. Unless specified otherwise in this contract,the Contractor's standard commercial warranty as stated in the contract's commercial pricelist will apply to this contract. "Contractor is to insert commercial warranty clauses." b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. C. Limitation of Liability. Except as otherwise provided by an express or implied warranty,the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant,the address is as follows: 7. PURCHASE PRICE FOR ORDERED EQUIPMENT Page 19 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement,or the ordering activity purchase price in effect on the installation date(or delivery date when installation is not applicable),whichever is less. 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances,and regulations(Federal, State,City or otherwise) covering work of this character,and shall include all costs, if any, of such compliance in the prices quoted in this offer. 9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT When an ordering activity determines that Information Technology equipment will be replaced,the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation(FAR),the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations(FPMR)(41 CFR 101-43.6),and the policies and procedures on exchange/sale contained in the FPMR(41 CFR part 101-46). Page 20 of 81 Critical Information Specific to Schedule#70--Information Technology, Software &Services Solicitation FC I S-J B-9800 01 B rel # / r r r////�/iri////i i ir//��////i,rii/iii1r/.1/rAnrd'rY„ll/. / ,ir / `l l�/ir1,,�,,7,►/�,/„r �r/. 1 p,AA�,L� �' , /, ,., � ,,�t�%:.�,,apG�ii�,r�%r/O1//,'/��,>�,ifJ,►i`,ul/' t,..:/�,///i/'�r//"(�// ii,il f'�/ri/!l',„iw�1.".,11 i�/I�/iT ri`,///1//"�/, r;,,,c of r/r, ,,,�,/i/c,�r a roiii��r /r,//, /i /i,,;,,,;r r/ rill//i r ii�/ /,r/r rio ✓,a/ r,.iil//i �r„r/i/��/iiii/ /ii o/�' NT /rlx � 111+ 1kl � 1" �' !% 1C111� yX 'TIT rr // ,Ch„�►rE,lj.�`�D$�It" LIAT�;r�NTEE�'��r,,,�� ./��'" �Chr /, I,^4� ����"�R`��+�,r �+11� + �;1 `�"L' T''i NOTE: The Transactional Data Deporting (T]DR) Rule requires vendors to electronically report the price the federal government paid for an item or service purchaser) through GSA acquisition vehicles, The TDR PILOT DOES NOT APPLY TO THIS SIN, EXCEPT if a TIED-covered SIN(s) is proposed as part of your total offering, to GSA (e.g. offer 1.32-51 and 132-8).. If both TIER and NON TIER SINs are offered, then the entire contract is subject to TDR and the Price Deduction Clause (PRC) and Commercial Sales Practice (CSP) requirements are removed for the entire contract.'" If NON TIED SIN(s) are offered only, then the offering will be subject to the PDC and CSP. 1. SERVICE AREAS a, The maintenance and repair service rates listed herein are applicable to any ordering activity location within a_ (**insert miles**) mile radius of the Contractor's service points. If any additional charge is to apply because of the greater distance from the Contractor's service locations, the mileage rate or other distance factor shall be negotiated at the`cask Order level. b. When repair services cannot be performed at the ordering;activity installation site, the repair services will be performed at the Contractor's plant(s) listed below: 2. MAINTENANCE ORDER a. Agencies may use written orders, EDI orders, credit card orders, or BPAs, for ordering; maintenance under this contract. The Contractor shall confirm orders within fifteen (1 S) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number 132-12). Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by the Contractor-as prescribed by this paragraph,the order shall be considered to be confirmed by the Contractor. b. The Contractor shall honor orders for maintenance for the duration of the contract period or a lessor period of time, for the equipment shown in the pricelist. Maintenance service shall commence on a. mutually agreed upon date, which will be written into the maintenance order. Maintenance orders shall not be made effective before the expiration of any applicable maintenance and parts guarantee/warranty period associated with the purchase of equipment. Orders for maintenance service shall not extend beyond the end of the contract period. C. Maintenance may be discontinued by the ordering activity on thirty(30) calendar days written notice, or shorter notice when agreed to by the Contractor, such notice to become effective thirty(30) calendar days from the date on the notification. However, the ordering activity may extend the original discontinuance date upon written notice to the Contractor, provided that such notice is furnished at least ten (10)calendar days prior to the original discontinuance date. Page 21 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) d. Annual Funding. When annually appropriated funds are cited on a maintenance order,the period of maintenance shall automatically expire on September 30th of the contract period, or at the end of the Page 22 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) contract period, whichever occurs first. Renewal of a maintenance order citing the new appropriation shall be required, if maintenance is to continue during any remainder of the contract period. e. Cross-year Funding within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month, fiscal year period,the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. f. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of maintenance service, if maintenance is to be terminated at that time. Orders for continued maintenance will be required if maintenance is to be continued during the subsequent period. 3. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS a. Agencies may use written orders, EDI orders, credit card orders, blanket purchase agreements (BPAs), or small order procedures for ordering repair service and/or repair parts/spare parts under this contract. Orders for repair service shall not extend beyond the end of the contract period. b. When repair service is ordered, only one chargeable repairman shall be dispatched to perform repair service, unless the ordering activity agrees, in advance,that additional repair personnel are required to effect repairs. 4. LOSS OR DAMAGE When the Contractor removes equipment to his establishment for repairs,the Contractor shall be responsible for any damage or loss, from the time the equipment is removed from the ordering activity installation, until the equipment is returned to such installation. 5. SCOPE a. The Contractor shall provide maintenance for all equipment listed herein,as requested by the ordering activity during the contract term. Repair service and repair parts/spare parts shall apply exclusively to the equipment types/models within the scope of this Information Technology Schedule. b. Equipment placed under maintenance service shall be in good operating condition. (1) In order to determine that the equipment is in good operating condition,the equipment shall be subject to inspection by the Contractor, without charge to the ordering activity. (2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the Contractor, if the equipment was under the Contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order. (3) If the equipment was not under the Contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity, in accordance with the provisions of Special Item Number 132-12 (or outside the scope of this contract). 6. RESPONSIBILITIES OF THE ORDERING ACTIVITY Page 23 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) a. Ordering activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of a maintenance order, unless agreed to by the Contractor. b. Subject to security regulations,the ordering activity shall permit access to the equipment which is to be maintained or repaired. C. If the Ordering Activity desires a factory authorized/certified service personnel then this should be clearly stated in the task or delivery order. 7. RESPONSIBILITIES OF THE CONTRACTOR a. For equipment not covered by a maintenance contract or warranty,the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required. Within the service areas,this repair service should normally be done within 4 hours after notification. b. If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel then the Contractor is obligated to provide such a factory authorized/certified service personnel for the equipment to be repaired or serviced, unless otherwise agreed to in advance between the Agency and the Contractor. 8. MAINTENANCE RATE PROVISIONS a. The Contractor shall bear all costs of maintenance,including labor, parts,and such other expenses as are necessary to keep the equipment in good operating condition,provided that the required repairs are not occasioned by fault or negligence of the ordering activity. b. REGULAR HOURS The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during a mutually agreed upon nine(9) hour principal period of maintenance, Monday through Friday,exclusive of holidays observed at the ordering activity location. C. AFTER HOURS Should the ordering activity require that maintenance be performed outside of Regular Hours,charges for such maintenance, if any,will be specified in the pricelist. Periods of less than one hour will be prorated to the nearest quarter hour. d. TRAVEL AND TRANSPORTATION If any charge is to apply, over and above the regular maintenance rates, because of the distance between the ordering activity location and the Contractor's service area, the charge will be negotiated at the Task Order level. **If there is no additional charge,indicate"none" in the space provided above.** e. QUANTITY DISCOUNTS Page 24 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) l Quantity discounts from listed maintenance service rates for multiple equipment owned and/or leased by a ordering activity are indicated below: Quantity Range Discounts Units % Units % Units % 9. REPAIR SERVICE RATE PROVISIONS a. CHARGES. Charges for repair service will include the labor charge,computed at the rates set forth below, for the time during which repairmen are actually engaged in work,and, when applicable,the charge for travel or transportation. b. MULTIPLE MACHINES. When repairs are ordered by a ordering activity on two or more machines located in one or more buildings within walking distance of each other,the charges will be computed from the time the repairman commences work on the first machine, until the work is completed on the last machine. The time required to go from one machine to another, or from one building to another, will be considered actual work performance, and chargeable to the ordering activity, provided the time consumed in going between machines(or buildings) is reasonable. C. TRAVEL OR TRANSPORTATION (1) AT THE CONTRACTOR'S SHOP (a) When equipment is returned to the Contractor's shop for adjustments or repairs which are not covered by the guarantee/warranty provision,the cost of transportation, packing, etc., from the ordering activity location to the Contractor's plant,and return to the ordering activity location,shall be borne by the ordering activity. (b) The ordering activity should not return defective equipment to the Contractor for adjustments and repairs or replacement without his prior consultation and instruction. (2) AT THE ORDERING ACTIVITY LOCATION (Within Established Service Areas) When equipment is repaired at the ordering activity location, and repair service rates are established for service areas or zones,the listed rates are applicable to any ordering activity location within such service areas or zones. No extra charge,time, or expense will be allowed for travel or transportation of repairmen or machines to or from the ordering activity office; such overhead is included in the repair service rates listed. (3) AT THE ORDERING ACTIVITY LOCATION(Outside Established Service Areas) (a) If repairs are to be made at the ordering activity location, and the location is outside the service area as shown in paragraph La,the repair service and mileage rates negotiated per subparagraphs La and 8.d will apply. (b) When the overall travel charge computed at the above mileage rate is unreasonable(considering the time required for travel,actual and necessary transportation costs,and the allowable ordering activity per diem rate for each night the repairman is required to remain overnight at the ordering activity location),the ordering activity shall have the option of reimbursing the Contractor for actual costs,provided that the actual ` costs are reasonable and allowable. The Contractor shall furnish the ordering activity with Page 25 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001B(Refresh#41) a report of travel performed and related expenses incurred. The report shall include departure and arrival dates,times,and the applicable mode of travel. d. LABOR RATES (1) REGULAR HOURS The Regular Hours repair service rates listed herein shall entitle the ordering activity to repair service during the period 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays observed at the ordering activity location. There shall be no additional charge for repair service which was requested during Regular Hours, but performed outside the Regular Hours defined above, at the convenience of the Contractor. (2) AFTER HOURS When the ordering activity requires that repair service be performed outside the Regular Hours defined above, except Sundays and Holidays observed at the ordering activity location,the After Hours repair service rates listed herein shall apply. The Regular Hours rates defined above shall apply when repair service is requested during Regular Hours, but performed After Hours at the convenience of the Contractor. (3) SUNDAYS AND HOLIDAYS When the ordering activity requires that repair service be performed on Sundays and Holidays observed at the ordering activity location,the Sundays and Holidays repair service rates listed herein shall apply. When repair service is requested to be performed during Regular Hours and/or After Hours, but is performed at the convenience of the Contractor on Sundays or Holidays observed at the ordering activity location,the Regular Hours and/or After Hours repair service rates, as applicable,shall apply. REPAIR SERVICE RATES REGULAR AFTER SUNDAYS AND MINIMUM HOURS HOURS HOLIDAYS LOCATION CHARGE* PER HOUR** PER HOUR** PER HOUR CONTRACTOR'S SHOP ORDERING ACTIVITY LOCATION (WITHIN ESTABLISHED SERVICE AREAS) ORDERING ACTIVITY LOCATION (OUTSIDE ESTABLISHED SERVICE AREAS) *MINIMUM CHARGES INCLUDE FULL HOURS ON THE JOB. **FRACTIONAL HOURS,AT THE END OF THE JOB, WILL BE PRORATED TO THE NEAREST QUARTER HOUR. 10. REPAIR PARTS/SPARE PARTS RATE PROVISIONS Page 26 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FC I S-J B-980001 B(Refresh#41) All parts, furnished as spares or as repair parts in connection with the repair of equipment, unless otherwise indicated in this pricelist,shall be new, standard parts manufactured by the equipment manufacturer. All parts shall be furnished at prices indicated in the Contractor's commercial pricelist dated ,at a discount of %from such listed prices. 11. GUARANTEE/WARRANTY—REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS a. REPAIR SERVICE All repair work will be guaranteed/warranted for a period of "insert commercial warranty". b. REPAIR PARTS/SPARE PARTS All parts, furnished either as spares or repairs parts will be guaranteed/warranted for a period "insert commercial warranty". 12. INVOICES AND PAYMENTS a. Maintenance Service (1) Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis,after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. (2) Payment for maintenance service of less than one month's duration shall be prorated at 1/30th of the monthly rate for each calendar day. b. Repair Service and Repair Parts/Spare Parts Invoices for repair service and parts shall be submitted by the Contractor as soon as possible after completion of work. Payment under blanket purchase agreements will be made quarterly or monthly, except where cash payment procedures are used. Invoices shall be submitted separately to each ordering activity office ordering services under the contract. The cost of repair parts shall be shown as a separate item on the invoice,and shall be priced in accordance with paragraph#10,above. PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. Page 27 of 81 Critical Information Specific to Schedule#ZO— Information Technology, Software&Services Solicitation FCIS-JB-980001 B Refresh#41 ,, C//i��o, // //%_,, %Gai„/,�i/fi�I� %,��1//�i�//r t,/ ,,/ i/. ,,/////r,,,�i %,%�i/G;/., /�i////�i„l///„/U//o%/�//iii ,✓ili�r,,,,/<r,L� Ja��,i�_i/l// r Y ��i�/%/��/i/, �1; Ian/,,, l % � L ////// i� / /. ,�, r / /1 l//� rl� � 1 //�� ,,,//,u- /% ,✓��,%% /��/r/�, „��Ir�,i„ ,sue„ ,,,„G,G ,4,,.«< a„/�,,,,,,,, e„,,,,�„ ,�,,,, ,,_-.,.,,, ,,,,,,,,,,,, ,,,, „a� ,L,ai., ✓d NOTE: The Transactional Data Reportinp,(TDR) Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT APPLIES TO THIS SIN. If a TDR covered SIN(s) is included on as contract or offer with non-TDR SIN(s), theca the entire contract is subject to TDR and the Price Reduction Clause (l' C) and Commercial gales Practice (C.SP) requirements are remove(] for the entire contract. However, the Tl)R clause does not exempt the contractor from existing reporting requirements found elsewhere in the contract. 1. I SPEcT[C)N/ACCEPTANC'E The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its postacceptance rights (I) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software. . ENTERPRISE USER LICENSE AGREEMENTS REQUIREMENTS ( ULA) The Contractor shall provide all Enterprise User License Agreements in an editable Microsoft Office (Word) fortnat. 3. GUARANTEEIWARRA:NTV a. Unless specified otherwise in this contract, the Contractor's standard commercial guarantee/warranty as stated in the contract's commercial pricelist will apply to this contract.. **Contractor is to insert commercial guarantee/warranty clauses.** b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. if no implied warranties are given,an express warranty of at least 60 days must be given in accordance with FAR 12.404(b)(2) C. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. 4. TECHNICAL SERVICES The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from to **Provide telephone number and hours of operation for technical support hot line; indicate applicable time zone for the hours of operation—i.e., Eastern time, Central time,Mountain time or Pacific time.** Page 28 of81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) \ J 5. SOFTWARE MAINTENANCE a. Software maintenance as it is defined: (select software maintenance type) 1. Software Maintenance as a Product (SIN 132-32 or SIN 132-33) Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs,discussion forums,on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms,and limited telephone,email and/or web-based general technical support for user's self diagnostics. Software maintenance as a product does NOT include the creation,design, implementation, integration,etc.of a software package. These examples are considered software maintenance as a service. Software Maintenance as a product is billed at the time of purchase. 2. Software Maintenance as a Service(SIN 132-34) Software maintenance as a service creates,designs, implements,and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate: telephone support,on- line technical support,customized support,and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C. 3324. Software maintenance as a service is billed in arrears in accordance with 31 U.S.C. 3324. b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis,after the completion of such period. Maintenance charges must be paid in arrears(31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. 6. PERIODS OF TERM LICENSES(SIN 132-32) AND MAINTENANCE (SIN 132-34) a. The Contractor shall honor orders for periods for the duration of the contract period or a lessor period of time. Page 29 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) b. Term licenses and/or maintenance may be discontinued by the ordering activity on thirty(30) calendar days written notice to the Contractor. C. Annual Funding. When annually appropriated funds are cited on an order for term licenses and/or maintenance, the period of the term licenses and/or maintenance shall automatically expire on September 30 of the contract period,or at the end of the contract period,whichever occurs first. Renewal of the term licenses and/or maintenance orders citing the new appropriation shall be required, if the term licenses and/or maintenance is to be continued during any remainder of the contract period. d. Cross-Year Funding Within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month (fiscal year) period,the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. e. Ordering activities should notify the Contractor in writing thirty(30)calendar days prior to the expiration of an order, if the term licenses and/or maintenance is to be terminated at that time. Orders for the continuation of term licenses and/or maintenance will be required if the term licenses and/or maintenance is to be continued during the subsequent period. **The phrase, "Term Licenses and/or Maintenance" in the preceding paragraphs may need to be revised in order to be consistent with the Offeror's proposal; e.g., if only software maintenance is offered,all references to "term licenses"should be deleted from the preceding paragraphs.** 7. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following acceptance of software. At the request of the ordering activity the Contractor shall furnish, within ten (10)calendar days, for each software product that is contemplated for conversion,the total amount of conversion credits which have accrued while the software was on a term license and the date of the last update or enhancement. b. Conversion credits which are provided shall, within the limits specified,continue to accrue from one contract period to the next, provided the software remains on a term license within the ordering activity. C. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license. d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license,whichever is the less, minus an amount equal to%of all term license payments during the period that the software was under a term license within the ordering activity. 8. TERM LICENSE CESSATION a. After a software product has been on a continuous term license for a period of months, a fully paid-up, non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully Page 30 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-J B-980001 B(Refresh#41) paid-up perpetual license does not have to be achieved during a particular fiscal year; it is a written Contractor commitment which continues to be available for software that is initially ordered under this contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied,the perpetual license accrual shall be forfeited. "Each separately priced software product shall be individually enumerated,if different accrual periods apply for the purpose of perpetual license attainment." b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued, at the prices and terms of Special Item Number 132-34, if the licensee elects to order such services. Title to the software shall remain with the Contractor. 9. UTILIZATION LIMITATIONS -(SIN 132-32,SIN 132-33,AND SIN 132-34) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subject to the following: (1) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise specified. (2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity(service, bureau,division, command,etc.)that has access to the site the software is placed at,even if the subdivision did not participate in the acquisition of the software. Further,the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third parties may use the computer program to enter,retrieve, analyze and present data. The user ordering activity will take appropriate action by instruction, agreement, or otherwise,to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section,all such permitted third parties shall be deemed agents of the user ordering activity. (3) Except as is provided in paragraph 8.b(2)above,the ordering activity shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form,to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors, subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software, documentation,or information therein,which the ordering activity may already have or obtains without restrictions. (4) The ordering activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred, or in cases of Disaster Recovery,the ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel; to use the computer software and documentation with a backup Page 31 of 81 Critical Information Specific to Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) computer when the primary computer is inoperative;to copy computer programs for safekeeping (archives)or backup purposes;to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software; and to modify the software and documentation or combine it with other software,provided that the unmodified portions shall remain subject to these restrictions. (5) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but the schedule contract and schedule pricelist, including this clause, "Utilization Limitations" are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend. 10. SOFTWARE CONVERSIONS-(SIN 132-32 AND SIN 132-33) Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system, or from one computer system to another. Under a perpetual license(132-33),the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license(132-32),conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version. 11. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY The Contractor shall include, in the schedule pricelist,a complete description of each software product and a list of equipment on which the software can be used. Also, included shall be a brief, introductory explanation of the modules and documentation which are offered. 12. RIGHT-TO-COPY PRICING The Contractor shall insert the discounted pricing for right-to-copy licenses. Page 32 of 81 Critical Information Specific to Schedule#70— Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) �;,'' '/, ; %;� /,/" � AiID CCl�1tIT�C► S AI' "I�IC�L "I°CD P�+l�l^IA, I C)�„ „ , ,, ,. I✓ ,/ij/,,,/��//ii, //..,/ /p /..:/ / r .'r / ,f "4r,4..i ,+u � ,, �,., s.. �/r�/ i': //ri// /r o / ////i+��rr ri. NOTE: "The"Transactional Data Reporting (TDR) Mule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The..TDR PILOT DOES NOT APPLY TO THIS SIN, EXCEPT if a TIT-covered SIN(s) is proposed as part of your total offering to GSA (e.g. offer 132-51 and 132- ). If both T17II and NON TDR SINs are offered,then the entire contract is subject to TDR and the Price Deduction Clause (PRC) and Commercial Sales Practice (CSP) requirements are removed for the entire contract." If NON TDR SIN(s) are offered only, then the offering will be subject to the PDC and CSP. ****NOTE: If offering related IT Professional Services over and above initial onboarding and training, reference SIN 132-51, per Guidance to Ordering Activities on Professional services below. ****NOTE: This new SIN presents a clear way for Contractors to provide cloud computing services according to NIST definitions and principles within the scope of today's technology and standards with a secondary goal of.accommodating ongoing technical advances in cloud computing. 1. SCOPE; The prices, terms and conditions stated under Special Item Number(SIN) 132-40 Cloud Computing Services apply exclusively to Cloud Computing Services within the scope of this Information Technology Schedule. This SIN provides ordering activities with access to technical services that run in cloud environments and meet the MIST Definition of Cloud Computing Essential Characteristics. Services relating to or impinging on cloud that do not meet all N11ST essential characteristics should be listed in rather SINS. The scope of this SIN is limited to cloud capabilities provided entirely as a service. Hardware, software and other artifacts supporting the physical construction of a private or other cloud are out of scope for this SIN. Currently, an Ordering Activity can procure the hardware and software needed to build on premise cloud functionality,through combining different services on other IT Schedule 70 SINS (e.g. 132-5 1). Sub-categories in scope for this SIN are the three NiIS"' 'Service Models: Software as a Service(SaaS), I'latform as a Service(PaaS), and Infrastructure as a Service (laaS). Offerors may optionally select a. single sub-category that best fits a proposed cloud service offering. Only one sub-category may be selected per each proposed Claud service offering. Offerors may elect to submit multiple cloud service offerings, each with its own single sub-category. The selection of one of three sub-categories does not prevent Offerors from competing for orders under the other two sub-categories. See service model guidance for advice on sub-category selection. Sub-category selection within this SIN is optional for any individual cloud service offering, and new cloud compacting technologies that do not align with the aforementioned three sub-categories may be included without a sub-category selection so long as they comply with the essential characteristics of cloud computing as outlined by MIST. See Table 1 for a representation of the scope and sub-categories. Page 33 of 81 Critical Information Specific to Schedule#70— Information Technology, Software&Services Solicitation FCIS-J'B-980001 B(Refresh#41) . 'able I: Cloud Compulino services SIN • Commercially available cloud computing, 1. Software as a Service (SaaS): Consumer uses services provider's applications on cloud infrastructure. • Meets the National Institute for Standards Does not rnanag,e/control platform or and Technology(MIST)definition of infrastructure. limited application level Cloud Computing essential characteristics configuration may be available. • Open to all deployment models(private, 2. Platform as a Service(PaaS): Consumer public, community or hybrid),vendors deploys applications onto cloud platform specify deployment models service using provider-supplies{ tools. Has control over deployed applications and some limited platform configuration but does not manage the platform or infrastructure. 3. Infrastructure as a Service(laaS): Consumer provisions computing;resources. Has control over OS, storage, platform, deployed applications and some limited infrastructure configuration, but does not manage the infrastructure. 2. DESCRIPTION OF CLOUD COMPUTING SERVICES AND PRICING "NOTE TO CONTRACTORS: The information provided below is designed to assist Contractors in qualifying cloud computing services for this SIN and providing complete descriptions and pricing information. This language should NOT be printed as part of the Information Technology Schedule Pricelist; instead,Contractors should respond to each service requirement as it relates to each ,cloud computing;service offered under the contract.There is guidance provided in subsequent sections of the Terms and Conditions to assist in determining how to meet these requirements. This section delineates requirements for submitting;a proposal for the Cloud SIN, as well as requirements that apply to Task Orders' a. Service Description Requirements for Listing Contractors The description requirements below are in addition to the overall Schedule 70 evaluation criteria described in SCP-FSS-001-N Instructions Applicable to New Offerors(Alternate I--MAR 2010) or SCP-FSS-001-S Instructions Applicable to Successful FSS Program Contractors, as applicable, SCP-FSS-004 and other relevant publications. Refer to overall Schedule 70 requirements for timelines related to description and other schedule updates, including but not limited to clauses 552.238-81 —section P and clause I-FSS-600.. Offerors may optionally select the single sub-category that hest fits each cloud service offering,per Service Model Guidance,or select no sub-category if the offering sloes not fit an existing.NIST service model. Page 34 of 81 Critical Information Specific to Schedule##70—Information Technology, Software& Services Solicitation FCIS-J5-980001 S(Refresh##41) Table 2 summarizes the additional Contractor-provided description requirements for services proposed. under the Cloud Computing Services SIN. All mandatory description requirements must be complete, and adequate according to evaluation criteria. In addition there; is one"Optional"reporting descriptions which exists to provide convenient service selection by relevant criteria. 'Where provided, optional description requirements must be complete and adequate according;to evaluation criteria: • 'File MIST Service Model provides sub-categories for the Cloud SIN and is strongly encouraged, but not required. The Service Model based sub-categories provide this SIN with a structure to assist ordering activities in locating and comparing;services of interest. Contractors may optionally select the single set-vice model most closely corresponding to the specific service offering. • If a sub-category is selected it will be evaluated with respect to the NISI' Service Model definitions and guidelines in "Guidance for Contractors". Table 3w C.loud IserN irr Description gt���➢��i�r��n� �u4 o t Provide a brief written Mandatory The cloud service must be capable of satisfying each description of how the of tile five NISI essential Characteristics as outlined proposed cloud in MIST Special Publication 8001-145. See computing services 'GUIDANCE FOR.CONTRACTORS: NIST satisfies each individual Essential Characteristics' below in this document for essential NISI' detailed overall direction, as well as guidance oil Characteristic inheriting essential characteristics. Select NISI,deployment Mandatory Contractors must select at least one MIST deployment models for the cloud model as outlined in MIST Special Publication 800- cornputing set-vice 145 describing how the proposed cloud computing proposed. service is deployed. Select multiple deployment models if the service is offered in more than one deployment model. See 'GUIDANCE FOR CONTRACTORS: NISI" Deployment Model' below in this document for detailed direction oil how to best categorize a service for the NISI deployment models. 3 Optionally select the Optional. Contractor may select a single NISI' Service model to most appropriate NISf sub-categorize the service as outlined in NISI Special service model that will be Publication 1300-145. Sub-category selection is the designated sub- optional but recommended. See `GUIDANCE FOR category, or may select CONTRACTORS: NISI Service Model' below in Page 35 of 81 Critical Information Specific to Schedule#70- Information Technology, Software&Services Solicitatoon FCIS JB 980oo1 B Refresh#41 no sub-category. this document for detailed direction on how to best categorize a:service for the NISI IaaS, PaaS, and SaaS service models. b. Pricing of Cloud Computing Services All current pricing requirements for Schedule 70, including provision SC.P-FSS-00I-N (Section III Price Proposal), SC,PJ`SS-001-S, SCP-I`SS-004 (Section III Price Proposal), and clause I-FSS-600 Contract Price Lists, apply. At the current time there is no provision for reducing or eliminating standard price list posting requirements to accommodate rapid cloud price fluctuations. In addition to standard pricing;requirement,, all pricing models must have the core capability to meet the NIST Essential Cloud Characteristics, particularly with respect to on-demand self-service, while allowing alternate variations at the task order level at agency discretion, pursuant to the guidance on NIS'T Essential Characteristics. 3. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all lawns, ordinances, and regulations(Federal, State, City, or otherwise) covering work of this character. a. Acceptance Testing Any required Acceptance Test Plans and Procedures shall be negotiated by the Ordering Activity at task order level. The Contractor shall perform acceptance testing of"the systems for Ordering Activity approval in accordance with the approved test procedures. b.Training If training is provided commercially the Contractor shall provide normal commercial installation, operation, maintenance, and engineering interface training on the system. Contractor is responsible for indicating if there are separate training charges.. c. Information Assurance/Security Requirements The contractor shall rneet information a,ssuraricetsccurity requirements in accordance with the Ordering Activity requirements at the Task Order level. d. Related Professional Set-vices The Contractor is responsible for working with the Ordering Activity to identify related professional services and any other services available on other SINS that may be associated with deploying a complete cloud solution. Any additional substantial and ongoing professional services related to the offering such as integration, migration, and other cloud professional services are out of scope for this SIN. e. Performance of Claud Computing Services The Contractor shall respond to Ordering Activity requirements at the'Task Order level with proposed capabilities to Ordering Activity performance specifications or indicate that only standard specifications Page 36 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) are offered. In all cases the Contractor shall clearly indicate standard service levels, performance and scale capabilities. The Contractor shall provide appropriate cloud computing services on the date and to the extent and scope agreed to by the Contractor and the Ordering Activity. f. Reporting The Contractor shall respond to Ordering Activity requirements and specify general reporting capabilities available for the Ordering Activity to verify performance,cost and availability. In accordance with commercial practices,the Contractor may furnish the Ordering Activity/user with a monthly summary Ordering Activity report. 4.RESPONSIBILITIES OF THE ORDERING ACTIVITY The Ordering Activity is responsible for indicating the cloud computing services requirements unique to the Ordering Activity.Additional requirements should not contradict existing SIN or IT Schedule 70 Terms and Conditions. Ordering Activities should include(as applicable)Terms&Conditions to address Pricing, Security, Data Ownership,Geographic Restrictions, Privacy, SLAB, etc. Cloud services typically operate under a shared responsibility model, with some responsibilities assigned to the Cloud Service Provider(CSP), some assigned to the Ordering Activity, and others shared between the two. The distribution of responsibilities will vary between providers and across service models. Ordering activities should engage with CSPs to fully understand and evaluate the shared responsibility model proposed. Federal Risk and Authorization Management Program(FedRAMP)documentation will be helpful regarding the security aspects of shared responsibilities,but operational aspects may require additional discussion with the provider. a.Ordering Activity Information Assurance/Security Requirements Guidance i. The Ordering Activity is responsible for ensuring to the maximum extent practicable that each requirement issued is in compliance with the Federal Information Security Management Act(FISMA)as applicable. ii. The Ordering Activity shall assign a required impact level for confidentiality,integrity and availability(CIA)prior to issuing the initial statement of work. The Contractor must be capable of meeting at least the minimum security requirements assigned against a low-impact information system in each CIA assessment area(per FIPS 200) and must detail the FISMA capabilities of the system in each of CIA assessment area. iii. Agency level FISMA certification,accreditation, and evaluation activities are the responsibility of the Ordering Activity. The Ordering Activity reserves the right to independently evaluate,audit,and verify the FISMA compliance for any proposed or awarded Cloud Computing Services. Z Per Federal Information Processing Standards Publication 199&200(FIPS 199,"Standards for Security Categorization of Federal Information and Information Systems")(FIPS 200,"Minimum Security Requirements for Federal Information and Information Systems") Page 37 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) iv. The Ordering Activity has final responsibility for assessing the FedRAMP status of the service, complying with and making a risk-based decision to grant an Authorization to Operate(ATO)for the cloud computing service, and continuous monitoring. A memorandum issued by the Office of Management and Budget(OMB)on Dec 8, 2011 outlines the responsibilities of Executive departments and agencies in the context of FedRAMP compliance. 3 v. Ordering activities are responsible for determining any additional information assurance and security related requirements based on the nature of the application and relevant mandates. b.Deployment Model If a particular deployment model(Private, Public,Community,or Hybrid) is desired, Ordering Activities are responsible for identifying the desired model(s). Alternately,Ordering Activities could identify requirements and assess Contractor responses to determine the most appropriate deployment model(s). c.Delivery Schedule The Ordering Activity shall specify the delivery schedule as part of the initial requirement. The Delivery Schedule options are found in Information for Ordering Activities Applicable to All Special Item Numbers. d. Interoperability1 Ordering Activities are responsible for identifying interoperability requirements. Ordering Activities should clearly delineate requirements for API implementation and standards conformance. e. Performance of Cloud Computing Services The Ordering Activity should clearly indicate any custom minimum service levels, performance and scale requirements as part of the initial requirement. f. Reporting The Ordering Activity should clearly indicate any cost, performance or availability reporting as part of the initial requirement. g.Privacy The Ordering Activity should specify the privacy characteristics of their service and engage with the Contractor to determine if the cloud service is capable of meeting Ordering Activity requirements. For example, a requirement could be requiring assurance that the service is capable of safeguarding Personally Identifiable Information (PII), in accordance with NIST SP 800-1224 and OMB memos M-06-165 and M- 3 MEMORANDUM FOR CHIEF INFORMATION OFFICERS:Security Authorization of Information Systems in Cloud Computing Environments.December 8,2011. 4 INIST SP 800-122,"Guide to Protecting the Confidentiality of Personally Identifiable Information(PII)" 5 OMB memo M-06-16:Protection of Sensitive Agency Information http://www.whitehouse.gov/sites/default/files/om b/memoranda/fy2006/mO6-16.pdf Page 38 of 81 Critical Information Specific to Schedule#70—Information Technology,Software&Services Solicitation FC I S-J B-980001 B(Refresh#41) 07-166 An Ordering Activity will determine what data elements constitute PII according to OMB Policy, NIST Guidance and Ordering Activity policy. h. Accessibility The Ordering Activity should specify the accessibility characteristics of their service and engage with the Contractor to determine the cloud service is capable of meeting Ordering Activity requirements. For example, a requirement could require assurance that the service is capable of providing accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). i. Geographic Requirements Ordering activities are responsible for specifying any geographic requirements and engaging with the Contractor to determine that the cloud services offered have the capabilities to meet geographic requirements for all anticipated task orders. Common geographic concerns could include whether service data,processes and related artifacts can be confined on request to the United States and its territories,or the continental United States(CONUS). j. Data Ownership and Retrieval and Intellectual Property Intellectual property rights are not typically transferred in a cloud model. In general,CSPs retain ownership of the Intellectual Property(IP)underlying their services and the customer retains ownership of its intellectual property.The CSP gives the customer a license to use the cloud services for the duration of the contract without transferring rights. The government retains ownership of the IP and data they bring to the customized use of the service as spelled out in the FAR and related materials. General considerations of data ownership and retrieval are covered under the terms of Schedule 70 and the FAR and other laws, ordinances,and regulations(Federal, State,City,or otherwise). Because of considerations arising from cloud shared responsibility models,ordering activities should engage with the Contractor to develop more cloud-specific understandings of the boundaries between data owned by the government and that owned by the cloud service provider, and the specific terms of data retrieval. In all cases,the Ordering Activity should enter into an agreement with a clear and enforceable understanding of the boundaries between government and cloud service provider data,and the form, format and mode of delivery for each kind of data belonging to the government. The Ordering Activity should expect that the Contractor shall transfer data to the government at the government's request at any time,and in all cases when the service or order is terminated for any reason, by means, in formats and within a scope clearly understood at the initiation of the service. Example cases that might require clarification include status and mode of delivery for: • Configuration information created by the government and affecting the government's use of the cloud provider's service. • Virtual machine configurations created by the government but operating on the cloud provider's service. 6 OMB Memo M-07-16:Safeguarding Against and Responding to the Breach of Personally Identifiable Information http://www.wh itehouse.gov/sites/defa ult/files/o m b/memoranda/fy2007/mO7-16.pdf Page 39 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) • Profile,configuration and other metadata used to configure SaaS application services or PaaS platform services. The key is to determine in advance the ownership of classes of data and the means by which Government owned data can be returned to the Government. k. Service Location Distribution The Ordering Activity should determine requirements for continuity of operations and performance and engage with the Contractor to ensure that cloud services have adequate service location distribution to meet anticipated requirements. Typical concerns include ensuring that: • Physical locations underlying the cloud are numerous enough to provide continuity of operations and geographically separate enough to avoid an anticipated single point of failure within the scope of anticipated emergency events. • Service endpoints for the cloud are able to meet anticipated performance requirements in terms of geographic proximity to service requestors. Note that cloud providers may address concerns in the form of minimum distance between service locations, general regions where service locations are available,etc. I.Related Professional Services Ordering activities should engage with Contractors to discuss the availability of limited assistance with initial setup,training and access to the services that may be available through this SIN. Any additional substantial and ongoing professional services related to the offering such as integration, migration,and other cloud professional services are out of scope for this SIN. Ordering activities should consult the appropriate GSA professional services schedule. 5.GUIDANCE FOR CONTRACTORS This section offers guidance for interpreting the Contractor Description Requirements in Table 2, including the NIST essential cloud characteristics, service models and deployment models.This section is not a list of requirements. Contractor-specific definitions of cloud computing characteristics and models or significant variances from the NIST essential characteristics or models are discouraged and will not be considered in the scope of this SIN or accepted in response to Factors for Evaluation. The only applicable cloud characteristics,service model/subcategories and deployment models for this SIN will be drawn from the NIST 800-145 special publication. Services qualifying for listing as cloud computing services under this SIN must substantially satisfy the essential characteristics of cloud computing as documented in the NIST Definition of Cloud Computing SP 800-145'. Contractors must select deployment models corresponding to each way the service can be deployed. Multiple deployment model designations for a single cloud service are permitted but at least one deployment model must be selected. ' http://csrc.nist.gov/publications/nistpubs/800-145/SP800-145.pdf Page 40 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-080001'B(Refresh#41) In addition,contractors submitting;services for listing under this SIN are encouraged to select a sub- category for each service proposed under this SIN with respect to a single principal MIST cloud service model that most aptly characterizes the service. Service model categorization is optional. Both service and deployment model designations must accord with MIST definitions.. Guidance is offered in this document on making;the most appropriate selection. a. NiS"T" EssentialCharacteristics G'hwt�dm NIsT,s essential cloud characteristics provide a consistent metric for whether a service is eligible for inclusion in this SIN. It is understood that due to legislative, funding;and other constraints that government entities cannot always leverage a cloud service to the extent that all MIST essential characteristics are commercially available. For the purposes of the Cloud SIN, meeting;the MIST essential characteristics is determined by whether each essential capability of the commercial service is available for the service, whether or not the Ordering;Activity actually requests or implements the capability. "I"he guidance in Table 3 offers examples of how services might or might not be included based on the essential characteristics, and how the Contractor should interpret the characteristics in light of current government contracting processes. Table 3. Guidance on Meefl1q. Essential t:hara teris ie On-demand • Ordering activities Government procurement guidance varies on how to self- can directly provision implement on-demand provisioning;at this time. service services without Ordering activities may approach on-demand in a requiring;Contractor variety of ways, including;"not-to-exceed" limits, or intervention. imposing monthly or.annual payments on what are o This characteristic is essentially on demand services. typically Services under this SIN must be capable of true on- implernented via a demand self-service, and ordering activities and service console or Contractors must negotiate how they implement on programming dernand capabilities in practice at the task order level: interface for provisioning; + Ordering activities must specify their procurement approach and requirements for on-demand service • Contractors must propose how they intend to meet the approach • Contractors must certify that on-demand self-service is technically available for their service should procurement guidance become available. Broad Network - o Ordering activities - • Broad network access must be available without Page 41 of 81 Critical Information Specific to Schedule#70—Information Technology„ Software& Services Solicitation FCIS-JB-980001 B(Refresh#41) roA : ,Access are able to access significant qualification and in relation to the services over deployment model and security domain of the standard.agency service networks Contractors must specify any ancillary activities, • Service can be services or equipment rewired to access cloud accessed and services or integrate cloud with other cloud or non- consumed using cloud networks and services. For example a private standard devices such cloud might require an Ordering Activity to as browsers,tablets purchase or provide a dedicated router,etc. which is and mobile phones acceptable but should be indicated by the Contractor. resource * Pooling distinguishes The cloud service must draw from a pool of Pooling cloud services from resources and provide an automated means for the offsite hosting. Ordering Activity to dynamically allocate them. * Ordering activities * Manual allocation, e.g. manual operations at a draw resources frorn physical server farm where Contractor staff a common pool configure servers in response to Ordering Activity maintained by the requests, does not meet this requirement Contractor « Similar concerns apply to software and platform * resources may have models; automated provisioning from a pool is general required characteristics such * Ordering activities may request dedicated physical as regional location hardware, software or platform resources to access a private cloud deployment service. However the provisioned cloud resources must be drawn from a common pool and automatically allocated on request. Rapid Elasticity « rapid provisioning * rapid elasticity is a specific demand-driven case of and de-provisioning self-service commensurate with * Procurement guidance for on-demand self-service demand applies to rapid elasticity as well, i.e. rapid elasticity must be technically available but ordering activities and Contractors may mutually negotiate other contractual arrangements for procurement and payment. * 'Rapid' should be understood as measured in minutes and hours, not days or weeks. * Elastic capabilities by manual request,e.g. via a console operation or programming interface call, are required. Page 42 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B lRefresh#41) • Autornated elasticity which is driven dynamically by system load, etc. is optional. Contractors must specify whether automated demand-driven elasticity is available and the general mechanisms that drive the capability. lWleasured n . N�easured scrvicev ry * Procurement guidance for on-demand self-service _. Service should be understood applies to measured service as well, i.e. rapid as a reporting elasticity must be technically available but ordering requirement that activities and Contractors may mutually designate enables an Ordering other contractual arrangements. Activity to control Regardless of specific contractual arrangements, their use in reporting must indicate actual usage, be cooperation with self continuously available to the Ordering Activity, and service provide meaningful metrics appropriate to the service measured. * Contractors must specify that measured service is available and the general sort ofinetrics and mechanisms available --------------------- in criting l ssen j#/ lhae`ractprislEi+rs Cloud services may depend on other cloud services,and cloud service models such as PaaS and SaaS are able to inherit essential characteristics from other cloud services that support there. For example a PaaS platform service can inherit the broad network access made available by the IaaS service it runs on, and in such a situation would be fully compliant with the broad network access essential characteristic. Services inheriting essential characteristics must make the inherited characteristic fully available at their level of delivery to claim the relevant characteristic by inheritance.. Inheriting characteristics does not require the inheriting provider to directly bundle or integrate the inherited service, but it does require a reasonable measure of'support and identification. For example,the Ordering Activity may acquire an laaS service from "Provider A" and a PaaS service from"Provider B". The PaaS service may inherit broad network access from"Provider A"but must identify and support the inherited service as an acceptable IaaS provider. s+ ss n )3r ii NeAwa lr i ss Typically broad network access for public deployment models implies high bandwidth access from the public internet for authorized users. In a private cloud deployment internet access might be considered broad access, as might be access through a dedicated shared high bandwidth network connection from the Ordering Activity, in accord with the private nature of the deployment model. R sairrrc(i,,]P olib� iiind`Pi~i Ic I+au Page 43 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) All cloud resource pools are finite, and only give the appearance of infinite resources when sufficiently large,as is sometimes the case with a public cloud. The resource pool supporting a private cloud is typically smaller with more visible limits. A finite pool of resources purchased as a private cloud service qualifies as resource pooling so long as the resources within the pool can be dynamically allocated to the ultimate users of the resource,even though the pool itself appears finite to the Ordering Activity that procures access to the pool as a source of dynamic service allocation. b. NIST Service Model The Contractor may optionally document the service model of cloud computing(e.g. IaaS, PaaS, SaaS, or a combination thereof,that most closely describes their offering, using the definitions in The NIST Definition of Cloud Computing SP 800-145. The following guidance is offered for the proper selection of service models. NIST's service models provide this SIN with a set of consistent sub-categories to assist ordering activities in locating and comparing services of interest. Service model is primarily concerned with the nature of the service offered and the staff and activities most likely to interact with the service. Contractors should select a single service model most closely corresponding to their proposed service based on the guidance below. It is understood that cloud services can technically incorporate multiple service models and the intent is to provide the single best categorization of the service. Contractors should take care to select the NIST service model most closely corresponding to each service offered. Contractors should not invent, proliferate or select multiple cloud service model sub-categories to distinguish their offerings,because ad-hoc categorization prevents consumers from comparing similar 0 offerings. Instead vendors should make full use of the existing NIST categories to the fullest extent possible. For example, in this SIN an offering commercially marketed by a Contractor as"Storage as a Service" would be properly characterized as Infrastructure as a Service(laaS), storage being a subset of infrastructure. Services commercially marketed as"LAMP as a Service"or"Database as a Service"would be properly characterized under this SIN as Platform as a Service (PaaS), as they deliver two kinds of platform services. Services commercially marketed as"Travel Facilitation as a Service"or"Email as a Service" would be properly characterized as species of Software as a Service(SaaS)for this SIN. However, Contractors can and should include appropriate descriptions(include commercial marketing terms)of the service in the full descriptions of the service's capabilities. When choosing between equally plausible service model sub-categories,Contractors should consider several factors: 1) Visibility to the Ordering Activity. Service model sub-categories in this SIN exist to help Ordering Activities match their requirements with service characteristics. Contractors should select the most intuitive and appropriate service model from the point of view of an Ordering Activity. 2) Primary Focus of the Service. Services may offer a mix of capabilities that span service models in the strict technical sense. For example, a service may offer both IaaS capabilities for processing and storage,along with some PaaS capabilities for application deployment,or SaaS capabilities for specific applications. In a service mix situation the Contractor should select the service model that is their primary focus. Alternatively contractors may choose to submit multiple service offerings for the SIN, each optionally and separately subcategorized. r' Page 44 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001B(Refresh#41) 3) Ordering Activity Role. Contractors should consider the operational role of the Ordering Activity's primary actual consumer or operator of the service, For example services most often consumed by system managers are likely to fit best as laaS; services most often consumed by application deployers or developers as PaaS, and services most often consumed by business users as SaaS. 4) Lowest Level of Configurabipity. Contractors can consider laaS, PaaS and SaaS as an ascending hierarchy of"complexity, and select the model with the lowest level of available Ordering Activity interaction. As an example, virtual machines are an laaS service often bundled with a range of operating systerns, which area I'aaS services. The Ordering Activity usually has access to configure the lower level laaS service, and the overall service should be considered laaS. III cases where the Ordering Activity cannot configure the speed, memory, network configuration, or any other aspect of the laaS component, consider categorizing as a PaaS service. Cloud management and Cloud broker services should be categorized based on their own characteristics and. not those of the other cloud services that are their targets. Management and broker services typically fit the SaaS service model, regardless of whether the services they manage are SaaS, PaaS or laaS. Use Table 3 to determine which service model is appropriate for the Cloud management or Cloud broker services, or, alternately choose not to select a service model for the service;. The guidance in Table 3 offers examples of how services might be properly mapped to MIST service models and how, a Contractor should interpret the service model sub-categories. Table 3: Guidance on Mapping, lay NIST Service )1od�h,; 7ce as Select an laaS model for service based equivalents of hardware appliances such as aS) virtual machines, storage devices, 1®outers and other physical devices. • laaS services are typically consumed by system or device managers who would configure physical hardware in a non-cloud setting • The principal customer interaction with an laaS service is provisioning then configuration, equivalent to procuring and then Configuring a physical device. Examples of laaS services include virtual machines,object storage, disk block storage, network routers and firewalls, software defined networks. Cray areas include services that emulate or act as dedicated appliances and are directly used by applications, such as search appliances, security appliances, etc. To the extent that these services or their emulated devices provide direct capability to an application they might be better classified as Platform services(PaaS). To the extent that they resemble raw hardware and are consumed by other platform services they are better classified as IaaS. Platform as a Select a PaaS model for service based equivalents of complete or partial software Page 45 of 81 Critical Information Specific to Schedule#70-Information Technology, Software& Services Solicitation - - (Refresh 'l .... e Service(PaaS) platforms. For the purposes of this classification, consider a platform as a set of software services capable of deploying all or part of an application. • A complete platform can deploy an entire application. Complete platforms can be proprietary or open source • Partial platforms can deploy a component of an application which combined with other components make up the entire deployment PaaS services are typically consumed by application deployment staff whose responsibility is to take a completed agency application and cause it to run on the designated complete or partial platform service • The principal customer interaction with a PaaS service is deployment, equivalent to deploying an application or portion of an application on a software platform service. • A limited range of configuration options for the platform service may be available. Examples of complete PaaS set-vices include: • A Linux/Apache/MySQL/Pf IP (LAMP) platform ready to deploy a customer P1-IP application, ,. a Windows .Net platform ready to deploy a .Net application, • A custorn complete platform ready to develop and deploy an customer application in a proprietary language • A multiple capability platform ready to deploy an arbitrary customer application on a range of underlying software services. The essential characteristic of a complete PaaS is defined by the customer's ability to deploy a complete custom application directly on the platform. PaaS includes partial services as well as complete platform services. Illustrative examples of individual platform enablers or components include: + A database service ready to deploy a customer's tables,views and procedures, • A queuing service ready to deploy a customer's message definitions • A security service ready to deploy a customer's constraints and target applications for continuous monitoring The essential characteristic of an individual PaaS component is the customer's ability to deploy their unique structures and/or data onto the component for a partial platform function. Note that both the partial and complete PaaS examples all have two things in Page 46 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-,JB-980001B(Refresh#41) UM: . common: They are software services, which offer-significant core functionality out of the box w They roust be configured with customer data and structures to deliver results As noted in laaS, operating;systems represent a grey area in that OS is definitely a platform service, but is typically bundled with 1aaS infrastructure. If your service provides an. OS but allows for interaction with infrastructure, please sub-categorize it as laaS. If your service"hides" underlying;infrastructure, consider it as FaaS. Software as a Select a SaaS model for ser-vrcc based equivalents of software applications.. Service(SaaS) r SaaS services are typically consumed by business or subject-matter staff who would interact directly with the application in a non-cloud setting; The principal customer interaction with a 'SaaS service is actual operation and consumption of the application services the SaaS service provides, Some minor configuration may be available, but the scope of the configuration is limited to the scope and then the pennissions of the con Figuring user. For example an agency manager might be able to configure some aspects of the application for their agency but not all agencies. An agency user might be able to configure some aspects for themselves but not everyone in their agency. Typically only the Contractor would be permitted to configure aspects of the software for all users.. Examples of SaaS services include email systerns, business systems of all sorts such as travel systems, inventory systems, etc., wiki's, websites or content management systems, management applications that allow a customer to manage other cloud or non-cloud services, and in general any system where customers interact directly for a business purpose. Cray areas include services that customers use to configure other cloud services, such as cloud management software, cloud brokers, etc. In general these sorts of systems should be considered SaaS, per guidance in this document. Page 47 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation 1 - (Refresh 41 c. Deployment Model Deployment models (e.g. private,public,community, or hybrid) are not restricted at the SIN level and any specifications for a deployment model are the responsibility of the Ordering Activity. lv41,11tiple deployment model selection is permitted, but at least one model must be selected. The guidance in "fable 4 offers examples of how services might be properly mapped to NIST deployment models and how the Contractor should interpret the deployment model characteristics. Contractors should take care to select the range of MIST deployment models most closely corresponding to each service offered. Note that the scope of this SIN does not include hardware or software components used to construct a. cloud, only cloud capabilities delivered as a service, as noted in the Scope section. ..I'able 4: Guidance fear sclectin a I)eploynient "�Iod l Private Cloud The service is provided exclusively for the benefit of a definable organization and its components; access from outside the organization is prohibited. The actual services may be provided by third parties,and may be physically located as required, but access is strictly defined by membership in the owning organization. Public Claud The service is provided for general public use and can be accessed by any entity or organization willing to contract for it. Community Cloud The service is provided for the exclusive use of a community with a definable shared boundary such as a mission or interest. As with private Cloud,the service may be in any suitable location and administered by a community member or a third party. Hybrid Cloud The service is composed of one or more of the other models. Typically hybrid models include some aspect of transition between the models that make them up, for example a private and public cloud might be designed as a hybrid cloud where events like increased load permit certain specified services in the private cloud to run in a public cloud for extra capacity, e.g. bursting. FACTORS FOR EVALUATION FOR IT SCHEDULE 70 CLOUD COMPUTING SERVICES SIN The following technical evaluation factor applies in addition to the standard Schedule 70 evaluation factors outlined in CI-ESS-152-N Additional Evaluation Factors for New Offerors Under Schedule 70 or CI-FSS-I52-S Additional Evaluation Factors for Successful FSS Program Contractors Under Schedule 70 and related documents and applies solely to the Cloud Computing Services SIN. A template will be provided at the time of solicitation refresh to complete the requested documentation. Page 48 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) FACTOR- Cloud Computing Services Adherence to Essential Cloud Characteristics Within a two page limitation for each cloud service submitted, provide a description of how the cloud computing service meets each of the five essential cloud computing characteristics as defined in described in National Institute of Standards and Technology(MIST) Special Publication 800-145 and subsequent versions of this publication. This standard specifies the definition of cloud computing for the use by Federal agencies. The cloud service must be capable of satisfying each of the five NIST essential Characteristics as follows: o On-demand self-service o Broad network access o Resource Pooling o Rapid Elasticity o Measured Service Refer to the `Guidance for Contractors' section of the Terms&Conditions for the Cloud Computing Services SIN for guidance on meeting the NIST characteristics. For the purposes of the Cloud Computing Services SIN,meeting the NIST essential characteristics is concerned primarily with whether the underlying capability of the commercial service is available,whether or not an Ordering Activity actually requests or implements the capability. FACTOR—Cloud Computing Services Deployment Model For each cloud service submitted, provide a written description of how the proposed service meets the NIST definition of a particular deployment model (Public, Private, Community,or Hybrid),within a one half(1/2)page limitation for each designated deployment model of each cloud service submitted. Multiple deployment model selection is permitted, but at least one model must be indicated. Refer to the `Guidance for Contractors' section of the Terms &Conditions for the Cloud Computing Services SIN for guidance on identifying the appropriate deployment model according to the NIST service model definitions. FACTOR-Cloud Computing Services Service Model For each cloud computing service proposed to be categorized under a specific sub-category(laaS, PaaS or SaaS), provide a written description of how the proposed service meets the NIST definition of that service model,within a half(1/2)page limitation for each cloud service submitted. Refer to the `Guidance for Contractors' section of the Terms& Conditions for the Cloud Computing Services SIN for guidance on categorizing the service into a sub-category according to the NIST service model definitions. Note that it is not mandatory to select a sub-category,and therefore this factor for evaluation applies ONLY to cloud services proposed to fall under a specific sub-category. If no sub-category is selected,this factor does not need to be addressed.The two other factors(`Adherence to Essential Cloud Characteristics' and `Cloud Computing Services Deployment Model')apply to all cloud services. Page 49 of 81 Critical lnforrrmation Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS JB-980001 B(Refresh#41) z rii//r/��r�ri t/oiiioi�/ „ „r� , �. i� �,y A �a;x ,,, /��'` ,L ' c °»� r i�✓/�ii �ri//��///,ri: /�:/��/,/ii �.;� /,: % �,i / ;i i� ,i i r r�0,%i�/%/���/�✓i/p%i/ice NOTE: The 'Transactional Data Reporting (TDR) Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TIER 1 ILOT DOES NOT APPLY TO THIS SIN, EXCEPT if TDR-covered SIN(s) is proposed as part of your total offering to GSA (e.g. offer 132-51 and 132- ). If both TDR,and NON TDR SINs are offered, then the entire contract is subject to TDR and the price Reduction Clause (PRC) and Commercial Sales Practice (CSP) requirements are removed for the entire contract." if NON TDR SIN(s) are offered only,then the offering will be subject to the PRC and CSP. 1. SCOPE a. The Contractor shall provide training courses normally available to commercial customers, which will permit ordering activity users to make full, efficient use of general purpose commercial IT products. Training is restricted to training courses for those products within the scope of this solicitation. b. The Contractor shall provide training at the Contractor's facility and/or at the ordering activity's location, as agreed to by the Contractor and the ordering activity. 2, OR:DER Written orders, III orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPAs) shall be the basis for the purchase of training courses in accordance with the terms of this contract. Orders shall include the student's name, course title, course date and time, and contracted dollar amount of the course.. 3. TIME OF DELIVERY The Conti-actor shall conduct training on the date (time, day, month, and year)agreed to by the Contractor and the ordering activity. 4. CANCELLATION AND RESCHEDULING a, The ordering activity will notify the Contractor at least seventy-two (72)hours before the scheduled training date, if student will be unable to attend. The Contractor will then permit the ordering activity to either cancel the order or reschedule the training at no additional charge. In the event the training class is rescheduled, the ordering activity will modify its original training order to specify the time and date of the rescheduled training class. b. In the event the ordering activity fails to cancel or reschedule a training course within the time frame specified in paragraph a, above, the ordering activity will be liable for the contracted dollar amount of the training course. The Contractor agrees to permit the ordering activity to reschedule a student who fails to attend a training,class within ninety(90) days from the original course date,at no additional charge. C. The ordering activity reserves the right to substitute one student for another up to the first day of class. / d. In the event the Contractor is unable to conduct training on the date agreed to by the Contractor and the ordering activity,the Contractor must notify the ordering activity at least seventy-two(72) hours before the scheduled training date. Page 50 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services ,.a Solicitation FCIS-JB-980001 B(Refresh#41) S. FOLLOW-UP SUPPORT The Contractor agrees to provide each student with unlimited telephone support or online support for a period of one(1)year from the completion of the training course. During this period,the student may contact the Contractor's instructors for refresher assistance and answers to related course curriculum questions. 6. PRICE FOR TRAINING The price that the ordering activity will be charged will be the ordering activity training price in effect at the time of order placement,or the ordering activity price in effect at the time the training course is conducted, whichever is less. 7. INVOICES AND PAYMENT Invoices for training shall be submitted by the Contractor after ordering activity completion of the training course. Charges for training must be paid in arrears(31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. 8. FORMAT AND CONTENT OF TRAINING a. The Contractor shall provide written materials (i.e., manuals, handbooks, texts, etc.) normally provided with course offerings, printed and copied two-sided on paper containing 30% postconsumer materials (fiber). Such documentation will become the property of the student upon completion of the training class. b. **If applicable** For hands-on training courses,there must be a one-to-one assignment of IT equipment to students. C. The Contractor shall provide each student with a Certificate of Training at the completion of each training course. d. The Contractor shall provide the following information for each training course offered: (1) The course title and a brief description of the course content,to include the course format (e.g., lecture, discussion, hands-on training); (2) The length of the course; (3) Mandatory and desirable prerequisites for student enrollment; (4) The minimum and maximum number of students per class; (5) The locations where the course is offered; (6) Class schedules; and (7) Price(per student,per class(if applicable)). e. For those courses conducted at the ordering activity's location, instructor travel charges(if applicable), including mileage and daily living expenses(e.g.,per diem charges)are governed by Pub. L. 99-234 and FAR Part 31.205-46,and are reimbursable by the ordering activity on orders placed under the Page 51 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Multiple Award Schedule,as applicable, in effect on the date(s)the travel is performed. Contractors cannot use GSA city pair contracts. The Industrial Funding Fee does NOT apply to travel and per diem charges. f. For Online Training Courses,a copy of all training material must be available for electronic download by the students. 9. "NO CHARGE"TRAINING The Contractor shall describe any training provided with equipment and/or software provided under this contract,free of charge, in the space provided below. Page 52 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JS-98000115 Refresh# 1) �J! + ► � .�C " �i'%� / /� TOTE: The Transactional Data Reporting (TDR) Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY TO THIS SIN,EXCEPT if TDR-covered SIN(s) is proposed as part of your total offering to GSA (e.g. offer 132-51 and 132-8). If both TDR and Gil TDR SINS are offered, then the entire contract is subject to TDR and the Price Reduction Clause (PRC) and. Commercial Sales Practice (CSP) requirements are removed for the entire contract." If t'+1C;!N TDR SIN(s) are offered only,then the offering will be subject to the PRC and CSP. **NOTE: The phrase, "Information Technology(IT)Professional Services/Identity Access Management (IAM) Professional Services" in the following paragraphs may need to be revised in order to be consistent with the Offeror's proposal; e.g., if only IT Professional Services are offered, all references to IAM Services should be deleted.** *'**NOTE: All non-professional labor categories must be incidental to,and used solely to support professional services,and cannot be purchased separately. 1. SCOPE a. The prices,terms and conditions stated under Special Item Number 132-51 Information Technology Professional Services apply exclusively to IT/lAM Professional Services within the scope of this Information Technology Schedule. b. The Contractor shall provide services at the Contractor's facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering activity. 2. PERFORMANCE INCENTIVES I-FSS-60 Performance Incentives (April 2000) a. Perfonrtance incentives may be agreed upon between the Contractor and the ordering activity on individual fixed price orders or Blanket Purchase Agreements under this contract. b. The ordering activity must establish a maximurn performance incentive price for these services and/or total solutions on individual orders or Blanket Purchase Agreements. C. Incentives should be designed to relate results achieved by the contractor to specified targets. To the maximum extent practicable, ordering,activities shall consider establishing incentives where performance is critical to the ordering activity's mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks. 3. ORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period, all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-1.9 (Deviation--May 2003) Availability of Funds for the Text Fiscal Year. The purchase order shall specify the availability of funds and the period for which fiends are available. Page 53 of 81. Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract,the contract will take precedence. Page 54 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) 4. PERFORMANCE OF SERVICES a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity. C. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. d. Any Contractor travel required in the performance of IT/[AM Services must comply with the Federal Travel Regulation or Joint Travel Regulations,as applicable, in effect on the date(s)the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. 5. STOP-WORK ORDER(FAR 52.242-15)(AUG 1989) (a) The Contracting Officer may,at any time,by written order to the Contractor, require the Contractor to stop all, or any part,of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order,the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed,the Contracting Officer shall either- 0) Cancel the stop-work order;or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government,clause of this contract. (b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work.The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both,and the contract shall be modified, in writing,accordingly, if- (1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to,the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. (c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. Page 55 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) (d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order. 6. INSPECTION OF SERVICES In accordance with FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009)(DEVIATION I - FEB 2007) for Firm-Fixed Price orders and FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS(MAR 2009)(ALTERNATE I —OCT 2008) (DEVIATION I—FEB 2007)applies to Time-and-Materials and Labor-Hour Contracts orders placed under this contract. 7. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances, and regulations(Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software,then FAR 52.227-14(Dec 2007) Rights in Data—General, may apply. 8. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations,the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite IT/IAM Professional Services. 9. INDEPENDENT CONTRACTOR All IT/IAM Professional Services performed by the Contractor under the terms of this contract shall be as an independent Contractor,and not as an agent or employee of the ordering activity. 10. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor" means the person, firm, unincorporated association,joint venture, partnership,or corporation that is a party to this contract. "Contractor and its affiliates"and"Contractor or its affiliates" refers to the Contractor, its chief executives, directors, officers, subsidiaries,affiliates,subcontractors at any tier, and consultants and any joint venture involving the Contractor,any entity into or with which the Contractor subsequently merges or affiliates,or any other successor or assignee of the Contractor. An"Organizational conflict of interest"exists when the nature of the work to be performed under a proposed ordering activity contract,without some restriction on ordering activities by the Contractor and its affiliates, may either(i)result in an unfair competitive advantage to the Contractor or its affiliates or(ii) impair the Contractor's or its affiliates' objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors,subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid, neutralize, Page 56 of 81 Critical Information Specific to Schedule#70— Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions,are provided at FAR 9.508. 11. INVOICES The Contractor, upon completion of the work ordered, shall submit invoices for IT/IAM Professional services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 12. PAYMENTS For firm-fixed price orders the ordering activity shall pay the Contractor,upon submission of proper invoices or vouchers,the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders,the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009)(ALTERNATE I— OCT 2008)(DEVIATION I—FEB 2007) applies to time-and-materials orders placed under this contract. For labor-hour orders,the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009)(ALTERNATE I—OCT 2008) (DEVIATION I—FEB 2007)applies to labor-hour orders placed under this contract. 52.216-3 1(Feb 2007) Time-and-Materials/Labor-Hour Proposal Requirements—Commercial Item Acquisition As prescribed in 16.60 1(e)(3), insert the following provision: (a)The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation. (b)The offeror must specify fixed hourly rates in its offer that include wages, overhead,general and administrative expenses,and profit.The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by— (1)The offeror; (2) Subcontractors; and/or (3) Divisions, subsidiaries, or affiliates of the offeror under a common control. 13. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 14. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 15. APPROVAL OF SUBCONTRACTS Page 57 of 81 Critical Information Specific to Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) The ordering activity may require that the Contractor receive,from the ordering activity's Contracting Officer,written consent before placing any subcontract for furnishing any of the work called for in a task order. 16. DESCRIPTION OF IT/IAM PROFESSIONAL SERVICES AND PRICING a. The Contractor shall provide a description of each type of IT/IAM Service offered under Special Item Numbers 132-51 IT/IAM Professional Services should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers. If the Contractor is proposing hourly rates, a description of all corresponding commercial job titles(labor categories)for those individuals who will perform the service should be provided. b. Pricing for all IT/IAM Professional Services shall be in accordance with the Contractor's customary commercial practices; e.g., hourly rates, monthly rates, term rates, and/or fixed prices, minimum general experience and minimum education. The following is an example of the manner in which the description of a commercial job title should be presented: EXAMPLE: Commercial Job Title: System Engineer Minimum/General Experience: Three(3)years of technical experience which applies to systems analysis and design techniques for complex computer systems. Requires competence in all phases of systems analysis techniques,concepts and methods;also requires knowledge of available hardware, system software, input/output devices,structure and management practices. Functional Responsibility: Guides users in formulating requirements,advises alternative approaches,conducts feasibility studies. Minimum Education: Bachelor's Degree in Computer Science Page 58 of 81 Critical Information Specific to Schedule#70— Information Technology, Software&Services Solicitation FCIS-JB-980001 B (Refresh#41) "DER N, I NOTE: The Transactional Data Reporting (TDR) Rule requires vendors to electronically report the price the federal government paid for an item or set-vice purchased through GSA aacquisition. vehicles. Thu:TDR PILOT DOES NOT APPLY TO TIIIS SIN', EXCEPT if as TDR-covered SIN(s) is proposed as wart of your total offering to GSA (e.g. offer 1.32-51 and 132-8). If both TDR and NON TIT, SINS are offered, then the entire contract is subJect to TDR anti the Price Reduction Clause (PRC) and Commercial Sales Practice (CSP) requirements are removed for the entire contract." If NON TDR SIN(s) are offered only, then the offering will be subject to the PRC and CSP. ****NOTE: If offering 11' Professional Services with l-Commerce, use SIN 132-51 and include the'Terms anti Conditions applicable to the IT Professional Services offered. 1. SCOPE The prices, terms and conditions stated under Special Mena Number- 132-52 Electronic Commerce (EC) Services apply exclusively to IC Services within the; scope of this Information Technology Schedule. 2. ELECTRONIC COMMERCE CAPACITY AND COVERAGE The Ordering Activity shall specify the capacity and coverage required as part of the initial requirement. 3. INFORMATION ASSURANCE a. The Ordering Activity is responsible for ensuring to the maximum extent practicable that cacti requirement issued is in compliance with the Federal Information. Security Management Act (F ISMA) b. 'IIlie Ordering Activity shall assign an impact level (per Federal Information Processing.Standards Publication 199 & 2EI11W IPS 199, "'Standards for Security Categorisation of Federal Information and Information Systems")(I'll'S 200, "Minimuuaa Security Requirements for Federal Information and Information Systems")prior to issuing the initial statement of work. E'vaaluations shall consider the extent to which each proposed service accommodates the necessary security controls based upon the assigned impact level. The Contractor awarded SIN 132-52 is capable of meeting at least the minimurn security requirements assigned against a low-impact information systern (pea. FITS 200). c. 1"he Ordering.Activity reserves the right to independently evaluate, audit." and verify the F°ISMA compliance for any proposed or awarded Electronic Commerce services. All FISMA certification, accreditation, and evaluration activities are the responsibility of the ordering activity. 4. DELIVERY SCHEDULE. The Ordering Activity shall specify the delivery schedule as part of the initial requirement. The Delivery Schedule options are found in Information for Ordering Activities Applicable to All Special Item Numbers, paragraph G. Delivery Schedule. 5. INTEROP RABILITY. Page 59 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001B(Refresh#41) When an Ordering Activity requires interoperability,this requirement shall be included as part of the initial requirement. Interfaces may be identified as interoperable on the basis of participation in a sponsored program acceptable to the Ordering Activity. Any such access or interoperability with teleports/gateways and provisioning of enterprise service access will be defined in the individual requirement. 6. ORDER a. Agencies may use written orders, EDI orders, blanket purchase agreements, individual purchase orders, or task orders for ordering electronic services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period;all electronic services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19(Deviation—May 2003)Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract,the contract will take precedence. 7. PERFORMANCE OF ELECTRONIC SERVICES The Contractor shall provide electronic services on the date agreed to by the Contractor and the ordering activity. 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances,and regulations(Federal, State, City,or otherwise)covering work of this character. 9. RIGHTS IN DATA The Contractor shall comply FAR 52.227-14 RIGHTS IN DATA—GENERAL and with all laws, ordinances, and regulations(Federal, State, City, or otherwise)covering work of this character. 10. ACCEPTANCE TESTING If requested by the ordering activity the Contractor shall provide acceptance test plans and procedures for ordering activity approval. The Contractor shall perform acceptance testing of the systems for ordering activity approval in accordance with the approved test procedures. 11. WARRANTY The Contractor shall provide a warranty covering each Contractor-provided electronic commerce service. The minimum duration of the warranty shall be the duration of the manufacturer's commercial warranty for the item listed below: Page 60 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) "Insert commercial warranty." The warranty shall commence upon the later of the following: a. Activation of the user's service b. Installation/delivery of the equipment The Contractor, by repair or replacement of the defective item,shall complete all warranty services within five working days of notification of the defect. Warranty service shall be deemed complete when the user has possession of the repaired or replaced item. If the Contractor renders warranty service by replacement,the user shall return the defective item(s)to the Contractor as soon as possible but not later than ten(10)working days after notification. 12. MANAGEMENT AND OPERATIONS PRICING The Contractor shall provide management and operations pricing on a uniform basis. All management and operations requirements for which pricing elements are not specified shall be provided as part of the basic service. 13. TRAINING The Contractor shall provide normal commercial installation,operation, maintenance,and engineering interface training on the system. If there is a separate charge, indicate below: 14. MONTHLY REPORTS In accordance with commercial practices,the Contractor may furnish the ordering activity/user with a monthly summary ordering activity report. 15. ELECTRONIC COMMERCE SERVICE PLAN (a) Describe the electronic service plan and eligibility requirements. (b) Describe charges, if any, for additional usage guidelines. (c) Describe corporate volume discounts and eligibility requirements, if any. Page 61 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services . Solicitation M� 980001 B Refresh#41) .- / /ii �i /�i.it✓/ �i//i/ i..; MITI ,,, �/-: /%/io ii�.<r//�///�ii/o i/////////.//.i/�,i �,� i�, " „,I. )t „,;;;;lLl►,Ti;, i „/' 2 i /i i ir ; , ante: Colinnerciaally available, products under this Solicitation may be covered by the [� nerf;y Star or Flectronic Product li;.a�a��iraaaanacntaa'l Assessment'Fool jal'l,"AT) programs. For applicable products, offerors are encounaacfe(l to offer F'mergy Star-qualified products aancl l~;I�l�:,� T-re„;;istered products, at the Bronze level or hip,he;r. Il'offerors opt to offer Energy Star or F-leetronic Product l?aavironmentaal Assess Tool (EPF;:^T) products then they Shall identify by model which products offered are Energy Star-qualil'icd anal l:l°1;.�'l'-a°e; msteaefi:lry broken out by regisi ation level of`bronze,silver, or gold. Visit the, Green F rocurement Compikition,tX g. .X ar" gr,e,ra roct.,aa ena trim- as coaaalalete list of praselaacts cos"ered by these laa as raanas4 1. ACCEPTANCE TESTING The Contractor shall provide acceptance test plans and procedures for ordering activity approval. The Contractor shall perform acceptance testing of the systems for ordering activity approval in accordance with the approved test procedures. 2. EQUIPMENT The Contractor shall make available cellular voice and data devices. The cellular devices offered shall be compatible with the cellular access standards employed within the geographical scope of contract. The Contractor shall provide programming of any cellular telephone device, including Contractor-provided and ordering activity-furnished devices, that conforms to the cellular service furnished by the Contractor. 3. WARRANTY The Contractor shall provide a warranty covering each Contractor-provided device. The minimum duration of the warranty shall be the duration of the manufacturer's commercial warranty for the item listed below: "Insert commercial warranty.** The warranty shall commence upon the later of the following: a. Activation of the user's service b. Installation/delivery of the equipment The Contractor, by repair or replacement of the defective item, shall complete all warranty services within five working days of notification of the defect, Warranty service shall be deemed complete when the user has possession of the repaired or replaced item, If the Contractor renders warranty service by replacement, the user shall return the defective itern(s) to the Contractor as soon as possible but not later than ten (10) working days after notification. Page 62 of'81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) l 4. MANAGEMENT AND OPERATIONS PRICING The Contractor shall provide management and operations pricing on a uniform basis. All management and operations requirements for which pricing elements are not specified shall be provided as part of the basic service. 5. TRAINING The Contractor shall provide normal commercial installation,operation, maintenance,and engineering interface training on the system. If there is a separate charge, indicate below: 6. MONTHLY REPORTS In accordance with commercial practices,the Contractor may furnish the ordering activity/user with a monthly summary ordering activity report. 7. WIRELESS SERVICE PLAN (a) Describe the wireless service plan and eligibility requirements. Including, but not limited to, service area, monthly service charge, minutes included,etc. (b) Describe charges, if any, for additional minutes,domestic wireless long distance,roaming,nights and weekends,etc. (c) Describe corporate volume discounts and eligibility requirements, if any. 8. TRADE AGREEMENTS ACT Although contracts awarded under this solicitation are subject to the Trade Agreements Act, Wireless Service under SIN 132-53 is not covered by the World Trade Organization Government Procurement Agreement(WTO GPA)or any of the other Free Trade Agreement(FTA). See FAR 25.401 (b)(2). Page 63 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JS-980001 R(Refresh#41) ✓.. / /, it i a i, / ,. i ,. � � /. i , i r i ,,� iiii NOTE. The Transactional Data Reporting (TDR) Rule requires vendors to electronically report the price the federal government paid for in itern or set-vice purchased through GSA acquisition vehicles. The TIM PILOT APPLIES TO THIS SIN. If a TDR covered SIN(s) is included on as contract or offer wvith non4'I`DR SI "(s), then the entire contract is subject to TDR and the Price Reduction Clause (I"RC) and Commercial Sales Practice (CSP) requirements are removed for the entire; contract. however, the"I'IDR clause does not excerpt the contractor from existing reporting, requirements found elsewhere in the contract. As such, Contractors under the TDR Pilot oar S INs, 132-54 and 55 will continue to report the program specific requirements under the enhanced quarterly reportin,'),- requirements. 'waw"ith future system enhancements, collections may merge into one portal. 1. COMSATCOM CAPACITY AND COVERAGE. The Ordering,Activity shall specify the capacity and coverage required as part of the initial requirement. 2. INFORMATION ASSURANCF, a. The Ordering Activity is responsible for ensuring to tine rnaxirnurn extent practicable that each requirement issued is in compliance with either-the Committee on National Security Systerns Policy (CNSSP) 12,"National Information Assurance Policy for Space Systems used to Support. National Security Missions, or the Department of"Defense Directive(DoDI) 8581.1, "Information Assurance (IA) Policy for Space Systerns Used by the Department of Defense." b. The Ordering Activity shall assign an impact level (per Federal Information Processing; Standards Publication 200(1111S 200), "Minimum Security Requirements for Federal. information and Information Systems") prior to issuing tine initial statement of work. Evaluations shall consider the extent to which cash proposed service accommodates tine necessary security controls based upon the assigned impact level, command encryption/authentication, arncl other requirements ill CNSSP 12 or DOM 8581.1. The Contractor awarded SIN 132-54 and/or 132-55 is capable of meetings at least tine minimum security requirements assigned against a low-impact information system (per FIPS 200). c. The Ordering Activity reserves the right to independently evaluate, audit, and verify the IA compliance for any proposed or awarded COMSATCOM services. All IA security assessments and authorization activities are the responsibility of the ordering;..activity. 3. (DELIVERY SCHEDULE. The Ordering; Activity shall specify tine delivery schedule as part ofthe initial requirement. The Delivery Schedule options are found in Information for Ordering Activities Applicable to All Special Item Numbers, paragraph 6. Delivery Schedule. 4. PORTABILITY. When am Ordering Activity requires portability, this requirement shall be included as part ofthe initial requirement, When portability is exercised, evidence ofequivalent net present value (NPV)H shall be provided by the contractor. Ordering Activities may propose additional ter is and conditions,within the requirement(example: specific predefined, ;guaranteed terms and conditions ' 8 For example,one-year oaf service for a trmspondcr vahied ar S r VN car is traded for sae-months of service on a transponder %alned al S2m/ycar. Page 64 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) for portability and related services). However,if the supplemental terms and conditions contradict the contract,the contract takes precedence. Portability provides the Ordering Activity the ability to relocate or"port,"COMSATCOM Services resources as user requirements change. Descriptions of portability may include moving from one transponder/satellite to another,one managed service area to another,transponded capacity redeployment between beams or transponders on a single satellite, redeployment from one frequency band to another, physical relocation of a satellite to a new orbital position, re-routing of teleport services from one teleport to another predefined teleport,re-routing of traffic from one terrestrial infrastructure to another predefined infrastructure, and movement of Network Operations Center(NOC) services from one NOC to another NOC. 5. FLEXIBILITY/OPTIMIZATION. When an Ordering Activity requires re-grooming resources for spectral, operational, or price efficiencies,this requirement shall be included as part of the initial requirement. When flexibility/optimization is exercised, evidence of equivalent net present value (NPV)9 shall be provided by the contractor. Ordering Activities may propose additional terms and conditions within the requirement(example: specific pre-defined, guaranteed terms and conditions for re-grooming). However, if the supplemental terms and conditions contradict the contract,the contract takes precedence. Flexibility/optimization/re-grooming allows the Contractor to redistribute resources currently used to provide COMSATCOM Services(example: space segment, network,teleport, terminal resources)or customers sharing the COMSATCOM Services resources(example: customer one with typical peak usage at 9:00 a.m. and customer two with typical peak usage at 3:30 p.m.), enabling the Ordering Activity to gain spectral,operational, and/or price efficiencies. 6. NET READY(INTEROPERABILITY). When an Ordering Activity requires interoperability, this requirement shall be included as part of the initial requirement. Interfaces may be identified as interoperable on the basis of participation in a sponsored program acceptable to the Ordering Activity. Any such access or interoperability with teleports/gateways and provisioning of enterprise service access will be defined in the individual requirement. 7. NETWORK MONITORING (NET OPS). The Ordering Activity shall specify the Network Monitoring(Net Ops)collection and delivery requirements(example: format, frequency)as part of the initial statement of work. The Contractor awarded SIN 132-54 and/or 132-55 is capable of collecting and delivering the near real-time monitoring, fault/incident/outage reporting, and information access required to ensure effective and efficient operations, performance, and availability consistent with commercial best practices. Ordering Activities may propose additional terms and conditions within the requirement(example: specific pre-defined terms and conditions for Net Ops collection and delivery.) However, if the supplemental terms and conditions contradict the contract,the contract takes precedence. 8. EMURFI IDENTIFICATION,CHARACTERIZATION,AND GEO-LOCATION. When an Ordering Activity requires Electro Magnetic Interference(EMI)/Radio Frequency Interference(RFI) identification, characterization, and geo-location, it shall be included as part of the initial requirement. The Ordering Activity shall establish and use with the Contractor a mutually agreed upon media and voice communications capability capable of protecting"Sensitive, but Unclassified"data. 9. SECURITY. The Ordering Activity is responsible for assigning the personnel and facility clearance levels for each requirement. If required,the Ordering Activity is responsible for issuing the appropriate security forms(e.g., a DD-254)for any special clearance requirements and indoctrinations, such as Sensitive Compartmented Information (SCI). Ordering Activities shall ensure the Contractor "masks"or"protects"Ordering Activity customers against unauthorized release of identifying information to any entity that could compromise the customer's operations security. Identifying information includes but is not limited to personal user and/or unit information including tail numbers, unit names, unit numbers, individual names, individual contact numbers, street addresses,etc. Page 65 of 81 Critical Information Specific to Schedule#70-Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) 9 For example,one-year of service on a less efficient arrangement of contractor resources is traded for nine-months of services on a more efficient arrangement of contractor resources that provides an operational efficiency to the Ordering Activity's customers. 10. THIRD PARTY BILLING FOR COMSATCOM SUBSCRIPTION SERVICES. The Ordering Activity shall make every effort to educate the terminal owners or operators on usage of the approved network infrastructure to avoid third party charges. 11. ADDITIONAL TERMS AND CONDITIONS. a. The Ordering Activity is responsible for determining the number of approaches each Contractor may offer in response to a statement of work. b. If guidance is required,Ordering Activities may contact the GSA Satellite Communications Services Program Management Office(SATCOM PMO), satcom@gsa.gov. c. For each Subscription Service requirement,the Ordering Activity shall negotiate with the Contractor any required Committed Information Rates(CIR). CIR is the average dedicated bandwidth data transfer rate(example: megabits per second)for an individual COMSATCOM Subscription Services network that the Contractor commits to delivering over a period of time. The Contractor may exceed the CIR if the network has capacity at any time. 12. CONTRACT CLAUSES. a. Ordering activities will be able to view the complete list of IT Schedule 70 contract clauses, including the specific contract terms and conditions for any specific contract holder,at: htto://www.glaclibrarv.gsa.goy/ElibMain/contractsOnline.do?sched uleNumber-70 13. DESCRIPTION OF COMSATCOM SERVICES AND PRICING "NOTE TO CONTRACTORS: The information provided below is designed to assist Contractors in providing complete descriptions and pricing information for the COMSATCOM Services offered. This language should NOT be printed as part of the Information Technology Schedule Pricelist; instead, Contractors should provide the same type of information as it relates to the services offered under the contract." a. Description of COMSATCOM Transponded Capacity and Pricing • Proposed prices shall show Bandwidth ranges(example: 0-4.5 MHz,4.5 -9.0 MHz,etc.), unit price and region(example: North America, Africa).NOTE: If pricing is for different time periods(example: day, week, month,or year)provide that information. o Suggestion: Use regions instead of satellite names to reduce the number of contract modifications. • If applicable,provide at least one Worldwide Host Nation Agreement(HNA)description and ceiling price. • If applicable,price other non-standard required licenses and agreements in the same manner as HNAs. • Provide sufficient performance metrics for the offered COMSATCOM transponded capacity services to ensure proper delivery of service. Metrics examples: service availability(example: 97.5%,99.5%),grade of service, minimum service levels,quality of service,time to restore service,etc. 10 • Indicate price inclusions and exclusions for each priced service(example: portability,re- grooming,etc.). Page 66 of 81 Critical Information Specific to Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) • Description of services and prices shall include all services necessary to use the transponded capacity, including: limited engineering(example: development of link budgets,transmission plans); basic customer training(example: acquiring satellite signal, peak and polarization); core management and control of the transponded capacity; and required approvals(example: frequency clearances, landing rights). b. Description of COMSATCOM Subscription Services and Pricing • If applicable,provide third party billing service description with a ceiling price(example: per megabyte price, per minute price). • Describe Fixed Satellite Subscription Services by regions,bandwidth ranges,data rate ranges, per unit pricing and/or flat rate service packages, when applicable. • Identify oversubscription rates,standard quality of service(QoS)profiles,and service availability targets • Describe Mobile Satellite Subscription Services in the standard commercial format(i.e., per unit pricing and/or flat rate service packages,etc.) • If applicable,describe and price non-recurring charges(example: service activation). • The Government reserves the right to use Government Furnished Access Point Names(APN) for remote user access into Government user networks and enclaves instead of using those provided by Offerors. Offeror should describe and separately price value added services that can be used in conjunction with Government Furnished APNs. • Equipment provided as part of the Subscription Services is acceptable. NOTE: Equipment that is leased as a separate charge is included in SIN 132-3 or 132-4. Equipment for purchase is included in SIN 132-8 or 132-9. • Offeror shall provide sufficient performance metrics for the offered COMSATCOM subscription services to ensure proper delivery of service. Metrics examples: service availability,grade of service, minimum service levels,quality of service,time to restore service,etc. • Indicate price inclusions and exclusions for each priced service(example: portability, regrooming,committed information rates(CIR), etc.). • Description of services and prices shall include all services necessary to use the Subscription Services, including: network management, monitoring,engineering, integration,and operations required to deliver the services. c. Portability Examples • Description of portability may include moving from one transponder/satellite to another,one managed service area to another,transponded capacity redeployment between beams or transponders on a single satellite, redeployment from one frequency band to another,physical relocation of a satellite to a new orbital position, re-routing of teleport services from one teleport to another predefined teleport, re-routing of traffic from one terrestrial infrastructure to another predefined infrastructure,and movement of Network Operations Center(NOC) services from one NOC to another NOC. d. Network Monitoring(Net Ops)and Reporting • Describe Net Ops services available for monitoring and reporting such as spectrum sweep results,transponder status,radio frequency(RF)gateway(teleport)status, network outage, degraded service,reduced data rates, packet loss, and any element of the service offering that could result in a customer service affecting condition. Page 67 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) • Describe the electronic formats available for information access by the Ordering Activity (example: XML, SNMP traps, etc.) • Offeror shall establish and provide to each Ordering Activity and to customers on a requirement basis how they will communicate fault/incident/outage information to customers including toll free phone numbers, WebPages,email to distribution lists,etc. e. Enhanced Reporting Requirement • COMSATCOM Schedule 70 awarded task order specific information shall be submitted on a quarterly basis. • This reporting is for all awards made after SINs 132-54 and 132-55 were added to your company's GSA Schedule 70 contract. This includes BPA's without existing orders. • Contractor shall use the template provided by GSA when completing the report. A copy of the reporting template is available from the Contract Specialist or Contracting Officer assigned to your contract. • The quarterly report shall contain: Vendor Information Vendor Name Vendor Contract Number Customer Information Agency Name Ordering Activity ` State Zip Code Contracting Officer Name Contracting Officer Phone Number Contracting Officer Email Order Information Date of Order Order Number Modification Number Requisition Number Description of Services Period of Performance Start Date Period of Performance End Date Total Order Value SIN Number: 132-54 132-55 Line Item Description Page 68 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Quantity Sold Unit Unit Price Extended Price Frequency Band Bandwidth Capacity Data Rate Regional Coverage Satellite Name or Number MAC Requirement(Security Level I, 11, or I11) Private or Shared Network HNA Requirement(Y/N) Portability Service(Y/N) Expedited Delivery(Y/N) Commercial Teleport(Y/N) • The quarterly report is due NLT 15 days after the end of each FY quarter. • Quarterly report shall be submitted using the GSA SATCOM Report Portal. The URL and information on how to access the portal will be provided by the GSA SATCOM PMO. Page 69 of 81 Critical Information Specific to Schedule##70—Information Technology, Software& services Solicitation FCIS JB 980001 B(Refresh#41) r!��/ri' ii/�/r/ %� i,r -Vie; ,, ✓ i „ .,., / r„ ��/i/r iiii/,ir /// ii"; // ��i/%i///r� >%i/r r Sri ��/✓ir/r �i /,,F, �q�W WWr , c � ^�5r / //�/r// / / / �� / �, NOTE: The Transactional Data Deporting ('T`DR) Rule requires vendors to electronically report the price the federal government pair] for an item or service purchased through GSA acquisition vehicles. The TIT PILOT DOES NOT APPLVTO THIS SIN, EXCEPT if TDR-covered SIN(s) is propose(] as part of your total offering to GSA (e.g. offer 13 - 1 and 1 -8). if both TM and NON TDR SI N's are offered, then the entire contract is subject to TDR and the price Reduction Clause (p]TC) anti Commercial Sales practice (C`P'') requirements are removed for the entire contract." II"NON N 'T DR SIN(s) are offerer] only, then the offering will be subject to the P C and CSp. Vendor suitability for offering services through the new I leaalth IT SIN must be in accordance with the following laws and standards when applicable to the specific task orders, including,but not limited to: • t lealth lrnft.)r•rnnatioun 'l'ecinraolaagy for Economic and Clinical 'I lealth Act ol'2009 (I IITECH) • The I]Calth Insurance Portability and Accountability Act of 1996 (I-IIPAA) • National Institute of Standards and "Technology (NISI) 1°"ederal Information Processing Standards (TIPS) and Special Publications • Federal Information Security Management Act(IISMA) of2002 ****NOTE: All non-professional labor categories must be incidental to,an(] used solely to support Heaalth. IT services,and cannot be purchased separately. ****INCITE: All labor categories under the Special Item Number 132-51. Information Technology Professional Services may remain under SIN 132-51 unless the labor categories are specific to the Health IT SIN. 1. SCOPE a. The labor categories, prices, terms and conditions stated under Special Itern Number 1.32-56 I lealth Information Technology Services apply exclusively to I lealth IT Services within the scope of this Information Technology Schedule. b, "phis SIN is limited to I lealth IT Services only, Software and hardware products are out of scope. I lardware and software can be acquired through different Special Item Numbers on IT Schedule 70 (c.g. 132-32, 132-33, 132-8). C. '['his SIN provides ordering activities, with access to Health 13"services. d. I lealth IT Services provided under this, SIN shall comply with all I lealthcare certifications and industry standards as applicable at the task order level. e. The Contractor shall provide services at the Contractor's facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering activity. 2. ORDER a. agencies may use written orders, Electronic Data Interchange(III) orders, Blanket Purchase Agreements, individual purchase orders, or task orders for ordering;services under this contract. Blanket Purchase ,agreements shall not extend beyond the end of the contract period; all Page 70 of81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19(Deviation—May 2003) Availability of Funds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract,the contract will take precedence. 3. PERFORMANCE OF SERVICES a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. All Contracts will be fully funded. b.The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity. c. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. d.Any Contractor travel required in the performance of Health IT Services must comply with the Federal Travel Regulation or Joint Travel Regulations,as applicable, in effect on the date(s)the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. All travel will be agreed upon with the client prior to the Contractor's travel. 4. INSPECTION OF SERVICES In accordance with FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009)(DEVIATION I -FEB 2007)for Firm-Fixed Price orders and FAR 52.212-4 CONTRACT TERMS AND CONDITIONS —COMMERCIAL ITEMS (MAR 2009)(ALTERNATE I —OCT 2008) (DEVIATION I—FEB 2007)applies to Time-and-Materials and Labor-Hour Contracts orders placed under this contract. 5. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations(Federal, State, City, or otherwise) covering work of this character. If the end product of a task order is software,then FAR 52.227-14(Dec 2007) Rights in Data—General, may apply. 6. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations,the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite Health IT Services. 7. INDEPENDENT CONTRACTOR Page 71 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) All Health IT Services performed by the Contractor under the terms of this contract shall be as an independent Contractor, and not as an agent or employee of the ordering activity. 8. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor" means the person, firm, unincorporated association,joint venture, partnership, or corporation that is a party to this contract. "Contractor and its affiliates"and"Contractor or its affiliates" refers to the Contractor, its chief executives, directors, officers, subsidiaries,affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates,or any other successor or assignee of the Contractor. An "Organizational conflict of interest"exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either(i) result in an unfair competitive advantage to the Contractor or its affiliates or_(ii)impair the Contractor's or its affiliates' objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity, ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors, subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid,neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions,are provided at FAR 9.508. 9. INVOICES The Contractor, upon completion of the work ordered, shall submit invoices for Health IT Professional services. Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 10. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 11. INCIDENTAL SUPPORT COSTS Incidental support costs are not considered part of the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 12. APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive,from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order. 13. DESCRIPTION OF HEALTH IT SERVICES AND PRICING �J Page 72 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) a. The Contractor shall provide a description of each type of Health IT Service offered under Special Item Numbers 132-56 Health IT Services and it should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers. If the Contractor is proposing hourly rates,a description of all corresponding commercial job titles(labor categories) for those individuals who will perform the service should be provided. b. Pricing for all Health IT Services shall be in accordance with the Contractor's customary commercial practices; e.g., hourly rates, monthly rates, term rates, and/or fixed prices, minimum general experience and minimum education. The following is an example of the manner in which the description of a commercial job title should be presented: EXAMPLE: Commercial Job Title: Health IT Subject Matter Expert Minimum Experience: Ten(10)years. Functional Responsibilities: Significant information technology consulting and clinical information system strategy and implementation experience. Experienced in client engagements representing a wide array of activities, related to professional information technology projects, in a healthcare/clinical environment, including strategic planning related to information technology systems and/or software,governance,process design/redesign,clinical content development,and communications and training strategies for information technology solutions. Minimum Education: Medical Doctor or Doctor of Osteopathic Medicine. Page 73 of 81 Critical Information Specific to Schedule#70— Information Technology, Software&Services Solicitation FCIS-,JB-980001 B(Refresh#41) NO1IE: 'rhe Transactional Data Deporting(TDR) Rule requires vendors to electronically report the price the federal government paid for an item or;service purchased through GSA acquisition vehicles. The TDR PILOT T" DOES NOT AI''PLY TO THIS SIN, EXCEPT if TDR-covered SIN(s) is proposed as part of your total offering to GSA (e.g. offer 132-51 and 1.32-8). If both TDR and NON TDR SINs are offered, then the entire contract is subject to TDR and the Price Deduction Clause (I'RC,") and Commercial Sales Practice (CSP) requirements are removed for the entire contract." If Dells TIT SIN(s) are offered only, then the offering will be subject to the 1'DC and CSP 1. OIWER a. Agencies may use written orders, ED[ orders, blanket purchase agreements, individual purchase orders, or task carders for ordering authentication products and services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period; all services and delivery shall be made and the contract terms and conditions shall continue in effect until tlae Completion ofthe order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAD. 52,232-19 (Deviation—May 2003)Availability of FLInds for the Next Fiscal Year. The purchase order shall specify the availability of funds and the period for which funds are available;. b. All task orders are subject to the terms and conditions of the contract. In tlae event of conflict between a task order and the contract, the contract will take precedence. C. When placing an order, ordering activities may deal directly with the contractor or ordering activities may send the requirement to the Program Management Office to received assisted services for a fee, 2. PERFORMANCE OF SERVICES a. Tile Contractor shall commence performance of services on the date agreed to by the Contractor and tlae ordering;activity. b. The Contractor agrees to render services only during normal working hours, unless otherwise agreed to by the Contractor and tlae ordering activity.. C. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. d. Any Contractor travel required in the performance of the Services under SINS 132-60 A-1 , 132- 61 and 132-62 must comply with the l"ederal Travel Regulation or Joint Travel regulations, as applicable, in effect on the date(s)the travel is performed. Established Federal Government per diem. rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts, 3. STOP-"WORK ORDER(FAR 2.242-15) (AUG 1989) a. Tile Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all,, or any part, of the work called for by this contract for a period of 9ll days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order Page 74 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed,the Contracting Officer shall either- (1) Cancel the stop-work order; or (2) Terminate the work covered by the order as provided in the Default,or the Termination for Convenience of the Government,clause of this contract. b. If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires,the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price,or both,and the contract shall be modified, in writing, accordingly, if- (1) The stop-work order results in an increase in the time required for,or in the Contractor's cost properly allocable to,the performance of any part of this contract; and (2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided that if the Contracting Officer decides the facts justify the action,the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract. C. If a stop-work order is not canceled and the work covered by the order is terminated for the �. convenience of the Government,the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement. d. If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise,reasonable costs resulting from the stop-work order. 4. INSPECTION OF SERVICES The Inspection of Services—Fixed Price(AUG 1996)(Deviation—May 2003)clause at FAR 52.246-4 applies to firm-fixed price orders placed under this contract. The Inspection—Time-and-Materials and Labor-Hour(MAY 2001)(Deviation—May 2003)clause at FAR 52.246-6 applies to time-and-materials and labor-hour orders placed under this contract. 5. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to security regulations,the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite services. 6. INDEPENDENT CONTRACTOR All services performed by the Contractor under the terms of this contract shall be an independent Contractor, and not as an agent or employee of the ordering activity. � r 7. ORGANIZATIONAL CONFLICTS OF INTEREST Page 75 of 81 Critical Information Specific to Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) a. Definitions. Page 76 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) "Contractor"means the person, firm, unincorporated association,joint venture, partnership, or corporation that is a party to this contract. "Contractor and its affiliates"and"Contractor or its affiliates"refers to the Contractor, its chief executives, directors,officers,subsidiaries,affiliates,subcontractors at any tier,and consultants and any joint venture involving the Contractor,any entity into or with which the Contractor subsequently merges or affiliates,or any other successor or assignee of the Contractor. An"Organizational conflict of interest"exists when the nature of the work to be performed under a proposed ordering activity contract,without some restriction on ordering activities by the Contractor and its affiliates, may either(i)result in an unfair competitive advantage to the Contractor or its affiliates or(ii) impair the Contractor's or its affiliates' objectivity in performing contract work. b. To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity,ordering activities may place restrictions on the Contractors, its affiliates, chief executives,directors,subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid,neutralize, or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations,which may require restrictions,are provided at FAR 9.508. 8. INVOICES The Contractor, upon completion of the work ordered,shall submit invoices for products and/or services. f Progress payments may be authorized by the ordering activity on individual orders if appropriate. Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 9. PAYMENTS For firm-fixed price orders the ordering activity shall pay the Contractor, upon submission of proper invoices or vouchers,the prices stipulated in this contract for service rendered and accepted. Progress payments shall be made only when authorized by the order. For time-and-materials orders,the Payments under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4(MAR 2009)(ALTERNATE I— OCT 2008)(DEVIATION I— FEB 2007)applies to time-and-materials orders placed under this contract. For labor-hour orders,the Payment under Time-and-Materials and Labor-Hour Contracts at FAR 52.212-4 (MAR 2009)(ALTERNATE I—OCT 2008)(DEVIATION I—FEB 2007)applies to labor-hour orders placed under this contract. 11. INCIDENTAL SUPPORT COSTS Incidental support costs are available outside the scope of this contract. The costs will be negotiated separately with the ordering activity in accordance with the guidelines set forth in the FAR. 12. APPROVAL OF SUBCONTRACTS Page 77 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) The ordering activity may require that the Contractor receive, from the ordering activity's Contracting Officer, written consent before placing any subcontract for furnishing any of the work called for in a task order. 13. DESCRIPTION OF AUTHENTICATION PRODUCTS,SERVICES AND PRICING **NOTE TO CONTRACTORS: The information provided below is designed to assist Contractors in providing complete descriptions and pricing information for the Authentication Products and Services offered. This language should NOT be printed as part of the Information Technology Schedule Pricelist; instead,Contractors should provide the same type of information as it relates to the products and services offered under the contract.** a. The Contractor shall provide a description of each type of Authentication Product and Service offered under Special Item Numbers 132-60A-E, 132-61 and/or 132-62. Authentication Products and Services should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers. . b. Pricing for all Authentication Products and Services shall be in accordance with the Contractor's customary commercial practices;e.g., hourly rates, monthly rates,term rates,and/or fixed prices. The following is an example of the manner in which the description of a commercial job title should be presented: C. For Special Item Number 132-62, HSPD-12 Product and Service Components: i. Bundled equipment pricing is requested for the following product components: - enrollment and registration products, - PIV card management and production products, - PIV card activation and - finalization products. ii. Seat pricing is requested for the following service components offered as managed services: - enrollment and registration services, - PIV card management and production services, - PIV card activation and - finalization services. iii. Bundled equipment categories, managed service categories and the requirements for bundled equipment and managed service Qualification Requirements are presented at the website: http://www.idmana e� og_v. **Include the following in the proposed FSS IT Schedule Pricelist.** Page 78 of 81 Critical Information Specific to Schedule#70—information Technology, Software &Services Solicitation 'CIS-JB-980001 B (Refresh#41) / / / r T% r i /. rir `;; ,� A. ,iiL�� .r� 7kw'�� 4,,FA.M",r ,✓�,' 1�h'',�T7�:.6�`' 'Ll�.'iriu i � �'//�j////ii NOTE: Time °t"ransactional Data Reporting (TDR) Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TIT, PILOT DOES NOT APPLY TO THIS SIN, E CEPT if a TDR-covered SIN(s) is proposed as Dart of your total offering to GSA (e.g. offer 13 -51 and 13 -8). If both TIT.and NON`I'DR SINS are offered, then the entire contract is subject to TDR and the Price Reduction Clause (P'RC) and Commercial Sales Practice (CSP) requirements are removed for the entire contract." If NON TDR SIN(s) are offered only, then the offering will be subject to tlae PRC and CSP Note: Commercially available promhici;s minder this Solicitation may be covered by till^ h;nergy Slaar or Electronic product Env ironniental Assessruemmt"I'oorl (l?Pi-AT) prom�..�,raammms. Darr ampplicaable products, of 'ermmrs are emmcmmamraal Cal to oll`(rr h;maeroy Star-qualified products and E111"A l°-registered produels, at the Blronze Icwcl of- iuigher. ff`ofl'erors olmt to offer Ul:ncrg), tar or Electronic Proalmm h;mmw iroanmmaiemmtmul s�aa=w. mmmemut Tooml f l^"l li:, 'i�} produck then tine y s'haall idenlifN In model %0 lrh products offered are Energy ;tar-mywalifyed and broken out b,,° registraation level of bronae,silver, or lo,old. Visit ilme (;,� emm I�rocume�nmemuat t`auumalmil<atiammm s , 7 y r for am complete list of products covered lamp these. prograanms. SIN 132-99 Introduction of New Information Technology Services and/or-Products— SUBJECT TO COOPERATIVE PURCHASING New or improved commercial service and/or product offerings within the scope of the IT Schedule 70, but not currently available under any Federal Supply Service contract-that. provides a new service, function, task, or attribute that may provide a more economical or efficient means for Federal agencies to accomplish their mission. It may significantly improve an existing commercial service and/or product. It may be an commercial IT service and/or product existing; in the commercial market, but not yet introduced to the Federal Government. (aa) Offierors are encouraged to introduce new commercial services or products via time Introduction of New Services and/or Products Special Item Number(INSP/SIN). A new or improved commercial service; and/or product calm be offered at anytime. Orrerors are requested to clearly identify the; INSP/SIN offering in time proposed offer or modification. (b) The Contracting Officer will evaluate the; INSP/SIN offerings to determine whether its within the scope of the IT Schedule 70 and does not fall under an existing? SIN, If requested,time offeror or contractor may be required to further deummonstrate that the proposed commercial service and/or product is new offering that cannot be aligned with the.existing SINs. "I"he Contracting Officer has time sole discretion to determine whether a proposed commercial service and/or product will be; accepted as an INSP/SIN item. If awarded, time INSP/SIN provides temporary placement for this commercial service and/or product until a formal categorization can be made. (c) If the Contractor has an existing, Multiple Award Schedule contract,time Government may, at the sole discretion ofthe Contracting Officer, modify the existing contract to include the Page 79 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) offerings in accordance with 552.243-72, Modifications(Multiple Award Schedule). Special Instructions: The work performed under this SIN shall not be associated with existing SIN(s)that are part of this schedule. Offerors will be required to provide additional Page 80 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) Information to support a determination that their proposed new supplies and/or services is commercially offered. There will be no special clauses/provisions for this SIN.However,customer agencies may create special terms and conditions at task order level,as long as the standard MAS terms and conditions are not superseded. This standing solicitation will be formatted in accordance with FAR 12.303 and FC 98-4. Ordering Procedures That Will be Used: Ordering activities shall place orders placed against GSA Multiple Award Schedule(MAS) contracts, using the procedures in Federal Acquisition Regulation(FAR) 8.4 TERMS AND CONDITIONS: When pricing for services outlined,offerors or contractors may use either a Commercial Catalog Pricing or a Market-Based Pricing(if no established commercial catalog)strategy. For each pricing methodology, the offeror or contractor shall provide other than cost or pricing data(e.g., agreements with corporate customers, internal policies, market prices,quote sheets, pricing agreements, invoices,etc.)to demonstrate the commercial and proposed Schedule pricing. This supporting documentation will be used to analyze the proposed pricing and establish basis of award. All proposed hourly, unit, or solution pricing shall be inclusive of the Industrial Funding Fee (IFF). With the exception of travel costs,which are handled in accordance of clause C-FSS-370 CONTRACTOR TASKS/SPECIAL REQUIREMENTS,the prices offered shall also include all aspects of the commercially established deliverable(including shipping,warranty, delivery costs, etc.). The awarded pricing may be subject to clauses 552.216-70 Economic Price Adjustment— FSS Multiple Award Schedule Contracts, 1-FSS-969 Economic Price Adjustment--Multiple Award Schedule Contracts and 552.238-75 Price Reductions. If the proposed INSP/SIN offering requires warranties, software licenses,or user agreements, please submit when the offering is proposed. To expedite the Government's review of the accompanying requires warranties, software licenses, or user agreements, please submit these items in a"Word"document or similar electronic format. Page 81 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JJB-980001B(Refresh#41) F � ,i /+ J / // of/,✓//, r/// /�,r % ,, // /, , ,/x /i,, /i % / r / /�r NOTE: The Transactional Data Reporting(TDR) Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT: DOES NOT APPLY TO TIIIS SIN, EXCEPT if"'a TDR-covered SIN(s) is proposed as part of your total offering to GSA (e.g. offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered, then the entire contract is subject to TDR and the Price Reduction Clause (PRC) and Commercial Sales Practice (CSP) requirements are removed for the entire contract." If NON TIT SIN(s)are offered only, then the offering will be subject to the PRC and CSP Note:: Commerciaaily available products under, this Solicitation may be covered by the Energy Star or Electronic Product Environmental Assessment Tool (EPI A`➢) programs. I oi—applicable Products, offerors aarc encouraag,ed to offer I?nea-gy Staar-aluaaliloecl laacaclucts and 1',l�I,„ °I_a'egisteaetl products, aat the Bronze level or No lie r. If*offeraaa's opt to offer I':neygNrSttar car- l lecta-aaaaic 1 acaclnct E,nv iromnentaal Assessruent Tool (E PE;."T) products then they shall identify by model which products offered are Energy Star-qualified and li IIE AT-registered, broken out by registration level car bronze,silver, or gold. Visit tlae t reeaa Paaacaareraaent Compilation,f Q l 1 .gMUWjMLLjf a aL for as complete list of products covered by these programs. r r r r , J J r '�";I+��>' ,D Clr�[�'`�� %' ,,�1z��8��r Tom, +G:�Ir,' ', .I��"'T' ;Y/ " ' Yk�1 �►� i:TI�'' ' NOTE:: The Transactional Data Reporting (TDR) Rule requires vendors to electronically report the price the federal government paid for an item or service purchased through GSA acquisition vehicles. The TDR PILOT DOES NOT APPLY T 'I HIS SIN, EXCEPT if a TD -covered SIN(s) is proposed as part of your total offering to GSA (e.g. offer 132-51 and 132-8). If both TDR and NON TDR SINS are offered, then the entire contract is subject to TDR and the Price Reduction Clause (PRC) and Commercial Sales Practice (CSP) requirements are removed for the entire contract." If NON TDR SIN(s) are offered only,then the offering will be subject to the PRC and CSP Vendor suitability for offering services through the Highly Adaptive Cybersecurity Services(FIACS)S1Ns must be in accordance with the following laws and standards when applicable to the specific task orders, including but not limited to: +� Federal Acquisition Regulation (FAR) Part 552.204-21 OMB Memorandum M-06-19- Reporting Incidents Involving Personally Identifiable Information and Incorporating the Cost for Security in Agency Information Technology Investments $ OMB Memorandum M -07-16-Safeauarding At(yainst and Responding to the Breach of Personally Identifiable Information • OMB Memorandum M-16-03- Fiscal Year 2015-2016 Guidance on Federal Information Security and Privacy Management Requirements • OMB Memorandum M-1.6-04—Cybersecurity Implementation Plan (CSIP)for Federal Civilian Government • The Cybersecurity National Action Plan (CHAP) Page 82 of 81. Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) • NIST SP 800-14-Generally Accepted Principles and Practices for Securing Information Technology a i Systems • NIST SP 800-27A- Engineering Principles for Information Technology Security(A Baseline for Achieving Security) • NIST SP 800-30-Guide for Conducting Risk Assessments • NIST SP 800-35-Guide to Information Technology Security Services • NIST SP 800-37-Guide for Applying the Risk Management Framework to Federal Information Systems: A Security Life Cycle Approach • NIST SP 800-39- Managing Information Security Risk: Organization, Mission,and Information System View • NIST SP 800-44-Guidelines on Securing Public Web Servers • NIST SP 800-48-Guide to Securing Legacy IEEE 802.11 Wireless Networks • NIST SP 800-53—Security and Privacy Controls for Federal Information Systems and Organizations • NIST SP 800-61 -Computer Security Incident Handling Guide • NIST SP 800-64-Security Considerations in the System Development Life Cycle • NIST SP 800-82-Guide to Industrial Control Systems(ICS)Security • NIST SP 800-86-Guide to Integrating Forensic Techniques into Incident Response • NIST SP 800-115-Technical Guide to Information Security Testing and Assessment • NIST SP 800-128-Guide for Security-Focused Configuration Management of Information Systems • NIST SP 800-137- Information Security Continuous Monitoring(ISCM) for Federal Information Systems and Organizations • NIST SP 800-153-Guidelines for Securing Wireless Local Area Networks(WLANs) �� • NIST SP 800-171 - Protecting Controlled Unclassified Information in non-federal Information Systems and Organizations ****NOTE: All non-professional labor categories must be incidental to,and used solely to support Highly Adaptive Cybersecurity Services,and cannot be purchased separately. ****NOTE: All labor categories under the Special Item Number 132-51 Information Technology Professional Services may remain under SIN 132-51 unless the labor categories are specific to the Highly Adaptive Cybersecurity Services SINs. 1. SCOPE a. The labor categories,prices,terms and conditions stated under Special Item Numbers 132-45A, 132-45B, 132-45C and 13245D High Adaptive Cybersecurity Services apply exclusively to High Adaptive Cybersecurity Services within the scope of this Information Technology Schedule. b. Services under these SINs are limited to Highly Adaptive Cybersecurity Services only. Software and hardware products are under different Special Item Numbers on IT Schedule 70(e.g. 132-32, 132- 33, 132-8),and may be quoted along with services to provide a total solution. C. These SINs provide ordering activities with access to Highly Adaptive Cybersecurity services only. d. Highly Adaptive Cybersecurity Services provided under these SINs shall comply with all Cybersecurity certifications and industry standards as applicable pertaining to the type of services as specified by ordering agency. e. The Contractor shall provide services at the Contractor's facility and/or at the ordering activity location, as agreed to by the Contractor and the ordering activity. 2. ORDER Page 83 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) a. Agencies may use written orders, Electronic Data Interchange(EDI)orders, Blanket Purchase Agreements, individual purchase orders,or task orders for ordering services under this contract. Blanket Purchase Agreements shall not extend beyond the end of the contract period;all services and delivery shall be made and the contract terms and conditions shall continue in effect until the completion of the order. Orders for tasks which extend beyond the fiscal year for which funds are available shall include FAR 52.232-19(Deviation—May 2003)Availability of Funds for the Next Fiscal Year.The purchase order shall specify the availability of funds and the period for which funds are available. b. All task orders are subject to the terms and conditions of the contract. In the event of conflict between a task order and the contract,the contract will take precedence. 3. PERFORMANCE OF SERVICES a. The Contractor shall commence performance of services on the date agreed to by the Contractor and the ordering activity. All Contracts will be fully funded. b. The Contractor agrees to render services during normal working hours, unless otherwise agreed to by the Contractor and the ordering activity. C. The ordering activity should include the criteria for satisfactory completion for each task in the Statement of Work or Delivery Order. Services shall be completed in a good and workmanlike manner. d. Any Contractor travel required in the performance of Highly Adaptive Cybersecurity Services must comply with the Federal Travel Regulation or Joint Travel Regulations,as applicable, in effect on the date(s)the travel is performed. Established Federal Government per diem rates will apply to all Contractor travel. Contractors cannot use GSA city pair contracts. All travel will be agreed upon with the client prior to the Contractor's travel. 4. INSPECTION OF SERVICES Inspection of services is in accordance with 552.2124-CONTRACT TERMS AND CONDITIONS— COMMERCIAL ITEMS(MAY 2015)(ALTERNATE II —JUL 2009)(FAR DEVIATION—JUL 2015) (TAILORED) for Firm-Fixed Price and Time-and-Materials and Labor-Hour Contracts orders placed under this contract. 5. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws,ordinances,and regulations(Federal,State, City,or otherwise) covering work of this character. If the end product of a task order is software,then FAR 52.227-14(MAY 2014)Rights in Data—General,may apply. The Contractor shall comply with contract clause(52.204-21)to the Federal Acquisition Regulation(FAR) for the basic safeguarding of contractor information systems that process,store,or transmit Federal data received by the contract in performance of the contract. This includes contract documents and all information generated in the performance of the contract. 6. RESPONSIBILITIES OF THE ORDERING ACTIVITY Subject to the ordering activity's security regulations,the ordering activity shall permit Contractor access to all facilities necessary to perform the requisite Highly Adaptive Cybersecurity Services. 7. INDEPENDENT CONTRACTOR Page 84 of 81 Critical Information Specific to Schedule#70—Information Technology,Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) All Highly Adaptive Cybersecurity Services performed by the Contractor under the terms of this contract shall be as an independent Contractor,and not as an agent or employee of the ordering activity. 8. ORGANIZATIONAL CONFLICTS OF INTEREST a. Definitions. "Contractor"means the person, firm, unincorporated association,joint venture,partnership, or corporation that is a party to this contract. "Contractor and its affiliates" and "Contractor or its affiliates" refers to the Contractor, its chief executives, directors, officers, subsidiaries, affiliates, subcontractors at any tier, and consultants and any joint venture involving the Contractor, any entity into or with which the Contractor subsequently merges or affiliates, or any other successor or assignee of the Contractor. An "Organizational conflict of interest" exists when the nature of the work to be performed under a proposed ordering activity contract, without some restriction on ordering activities by the Contractor and its affiliates, may either(i)result in an unfair competitive advantage to the Contractor or its affiliates or (ii) impair the Contractor's or its affiliates' objectivity in performing contract work. b) To avoid an organizational or financial conflict of interest and to avoid prejudicing the best interests of the ordering activity,ordering activities may place restrictions on the Contractors, its affiliates, chief executives, directors,subsidiaries and subcontractors at any tier when placing orders against schedule contracts. Such restrictions shall be consistent with FAR 9.505 and shall be designed to avoid,neutralize,or mitigate organizational conflicts of interest that might otherwise exist in situations related to individual orders placed against the schedule contract. Examples of situations, which may require restrictions,are provided at FAR 9.508. 9. INVOICES The Contractor,upon completion of the work ordered,shall submit invoices for Highly Adaptive Cybersecurity Services. Progress payments may be authorized by the ordering activity on individual orders if appropriate.Progress payments shall be based upon completion of defined milestones or interim products. Invoices shall be submitted monthly for recurring services performed during the preceding month. 10. RESUMES Resumes shall be provided to the GSA Contracting Officer or the user ordering activity upon request. 11. APPROVAL OF SUBCONTRACTS The ordering activity may require that the Contractor receive,from the ordering activity's Contracting Officer,written consent before placing any subcontract for furnishing any of the work called for in a task order. 12. DESCRIPTION OF HIGHLY ADAPTIVE CYBERSECURITY SERVICES AND PRICING a. The Contractor shall provide a description of each type of Highly Adaptive Cybersecurity Service offered under Special Item Numbers 132-45A, 132-4513, 132-45C and 132-45D for Highly Adaptive Cybersecurity Services and it should be presented in the same manner as the Contractor sells to its commercial and other ordering activity customers. If the Contractor is proposing hourly rates,a description of all corresponding commercial job titles(labor categories)for those individuals who will perform the service should be provided. b. Pricing for all Highly Adaptive Cybersecurity Services shall be in accordance with the Contractor's customary commercial practices; e.g., hourly rates„ minimum general experience and Page 85 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) minimum education. The following is an example of the manner in which the description of a commercial job title should be presented (see SCP FSS 004) EXAMPLE Commercial Job Title: Computer Network Defense Analysis Description: Uses defensive measures and information collected from a variety of sources to identify,analyze,and report events that occur or might occur within the network in order to protect information, information systems,and networks from threats. Professionals involved in this specialty perform the following tasks: • Provide timely detection, identification,and alerting of possible attacks/intrusions,anomalous activities,and misuse activities and distinguish these incidents and events from benign activities • Provide daily summary reports of network events and activity relevant to Computer Network Defense practices • Monitor external data sources(e.g.,Computer Network Defense vendor sites,Computer Emergency Response Teams, SANS, Security Focus)to maintain currency of Computer Network Defense threat condition and determine which security issues may have an impact on the enterprise. Knowledge, Skills and Abilities: Knowledge of applicable laws(e.g., Electronic Communications Privacy Act, Foreign Intelligence Surveillance Act, Protect America Act, search and seizure laws,civil liberties and privacy laws,etc.), statutes(e.g., in Titles 10, 18,32, 50 in U.S.Code), Presidential Directives, executive branch guidelines, and/or administrative/criminal legal guidelines and procedures relevant to work performed Minimum Experience: 5 Years Minimum Education Requirements: a bachelor's of science degree with a concentration in computer science, cybersecurity services,management information systems (MIS), engineering or information science is essential. Highly Desirable: Offensive Security Certified Professional(OSCP)or commercial Cybersecurity advanced certification(s). r'1 Page 86 of 81 Critical Information Specific to Schedule#70—Information Technology, Software&Services Solicitation FCIS-JB-980001 B(Refresh#41) r: Points of Contact IT Schedule 70 For general questions regarding MAS IT Schedule 70 Contracting: Customer Service Phone: 1-877-446-IT70(4870) Email: IT.Center@gsa.gov For questions regarding eOffer submission or Certifications: Vendor Support Center visit www.esa.govlusc Phone: 1-877-49 5-4849 For general questions regarding HSPD 12: Email: hspdl2@gsa.gov Phone: 1-703-605-2727 For general questions regarding COMSATCOM: Email:fa'snetworkserWice@gsa.goy Phone: 1-87 7-387-2001 For general questions regarding FASt Lane Pilot, Health IT, Cyber Security SINS: Email:fastlane@gsa.gov Page 87 of 81 FACTORS FOR EVALUATION FOR IT SCHEDULE 70 CLOUD COMPUTING SERVICES SIN NOTE: The automated technical proposal elements will be effective September 1, 2016. In the interim, please complete and submit a separate attachment containing the technical proposal response for SIN 132-40. SIN 132 40: Technical Evaluation Criteria: The following technical evaluation factor applies in addition to the standard Schedule 70 evaluation factors outlined in CI-FSS-152 ADDITIONAL EVALUATION FACTORS and related documents and applies solely to the Cloud Computing Services SIN. A template will be provided at the time of solicitation refresh to complete the requested documentation. A. Cloud Computing Services Adherence to Essential Cloud Characteristics Within a two page limitation for each cloud service submitted, provide a description of how the cloud computing service meets each of the five essential cloud computing characteristics as defined in National Institute of Standards and Technology (MIST) Special Publication 800-145 and subsequent versions of this publication. This standard specifies the definition of cloud computing for the use by Federal agencies. The cloud service must be capable of satisfying each of the five NIST essential Characteristics as follows: • On-demand self-service • Broad network access • Resource Pooling • Rapid Elasticity • Measured Service Refer to the `Guidance for Contractors' section of the Terms & Conditions for the Cloud Computing Services SIN for guidance on meeting the NIST characteristics. For the purposes of the Cloud Computing Services SIN, meeting the NIST essential characteristics is concerned primarily with whether the underlying capability of the commercial service is available, whether or not an Ordering Activity actually requests or implements the capability. B. Cloud Computing Services Deployment Model For each cloud service submitted, provide a written description of how the proposed service meets the NIST definition of a particular deployment model (Public, Private, Community, or Hybrid), within a one half(1/2) page limitation for each designated deployment model of each cloud service submitted. Multiple deployment model selection is permitted, but at least one model must be indicated. Refer to the `Guidance for Contractors' section of the Terms & Conditions for the Cloud Computing Services SIN for guidance on identifying the appropriate deployment model according to the NIST service model definitions. C. Cloud Computing Services Service Model For each cloud computing service proposed to be categorized under a specific sub-category (IaaS, PaaS or SaaS), provide a written description of how the proposed service meets the NIST definition of that service model, within a half(1/2) page limitation for each cloud service submitted. Refer to the `Guidance for Contractors' section of the Terms & Conditions for the Cloud Computing Services SIN for guidance on categorizing the service into a sub-category according to the NIST service model definitions. Note that it is not mandatory to select a sub- category, and therefore this factor for evaluation applies ONLY to cloud services proposed to fall under a specific sub-category. If no sub-category is selected,this factor does not need to be addressed. The two other factors (`Adherence to Essential Cloud Characteristics' and `Cloud Computing Services Deployment Model') apply to all cloud services. / / r : / r / i r / r � /r / / r, / ,/ / i / O r /l�/r/ %///////l/„ ////jai/////// //%%/ /O%%/ �/i//�✓/%%/////✓/%// /% %%L% //// �// r / o / / / / / / / , / / r / / / / r / / / / / / : / / / / / l / / / r / / / r // / r r, / : / / r/ r / / / r / / 1 / / / r , / r / 1 / / J r / / J J / , / / / / / / / 1 / / / / / I / I / / / / / / 1 l r 1 / / /i J / // / / I, I I / : / / / / / / / • KENT WAS H I N C i ON Agenda Item: Consent Calendar - 7x TO: City Council DATE: May 16, 2017 SUBJECT: Hyper-Converged Infrastructure contract for technical hardware upgrade - Authorize to Recommend MOTION: Recommend the City Council authorize the mayor to sign a contract with Carahsoft Technology Corporation to purchase a hyper- convergence infrastructure system at a cost not to exceed $436,284.80, subject to final contract terms and conditions acceptable to the IT Director and City Attorney. SUMMARY: The city of Kent's current virtualization infrastructure has served it's useful lifecycle and is in need of replacement. Traditional virtualization infrastructure has separate network, storage and compute components but as technology has matured, those individual components have been combined into a single solution called Hyper Converged Infrastructure. This platform reduces complexity, licensing, and power consumption within the datacenter and will provide reliability and scalability for critical business system support. In evaluating suitable replacement options, based off an exhaustive product matrix, IT staff selected a system manufactured by Nutanix because of the reliability and reputation of their hardware, software, and customer support. Carahsoft Technology Corporation ("Carahsoft") markets and sells this Nutanix system. In selecting Carahsoft as its preferred vendor, City bidding requirements were met by piggybacking on the competitive process conducted by the General Services Administration (GSA), an independent procurement agency of the federal government, through its Federal Supply Service Information Technology Schedule 70 Contract. This piggybacking process is authorized under section 3.70.110(F) of the Kent City Code. Carahsoft will provide, through its dealer ePlus, Inc., all necessary hardware, software, and training. The total contract cost, including three years of maintenance and support, will not exceed $436,284.80. This cost is fully funded and budgeted for in IT's existing project budget. The contract terms and pricing that will apply to this purchase are those established through GSA's IT Schedule 70 (contract #GS-35F-0119Y), as amended by the City's Participating Addendum. • KENT NASHINGTON Agenda Item: Consent Calendar - 7x EXHIBITS: A. Product and Vendor Matrix B. Solicitation Package C. Carahsoft Contract #GS-35F-0119Y D. Participating Addendum To Federal Supply Service Information Technology Schedule 70 Contract E. Carahsoft/EPlus Quote RECOMMENDED BY: Operations Committee YEA: Ralph - Thomas NAY: BUDGET IMPACTS: 1. Expenditures Item Price Nutanix Hardware Platform $267 000.00 3 Year Support $95,450.00 Software License $20,720.00 Training $10,748.00 Subtotal $393,918.00 Tax $39,391.30 Shipping &_Handring $2,975.00 Total $436,284.80