SOLICITATION NOTICE
70 -- Active Navigation Licenses and Data Mining Specialist Services - Solicitation and Attachments
- Notice Date
- 9/14/2018
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 518210
— Data Processing, Hosting, and Related Services
- Contracting Office
- National Archives and Records Administration, NAA, Acquisitions Division, 8601 Adelphi Road, Room 3340, College Park, Maryland, 20740-6001, United States
- ZIP Code
- 20740-6001
- Solicitation Number
- NARA-883103-18-Q-00141
- Archive Date
- 10/6/2018
- Point of Contact
- Cynthia D. Jones, Phone: 301-837-1860, Santo C Plater, Phone: 301-837-2059
- E-Mail Address
-
cynthia.jones@nara.gov, santo.plater@nara.gov
(cynthia.jones@nara.gov, santo.plater@nara.gov)
- Small Business Set-Aside
- N/A
- Description
- Attachment 3 - RFQ Information Sheet Attachment 2 - Schedule of Prices Combined Synopsis Solicitation - Active Navigation Licenses and Services This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation number is NARA-883103-18-Q-00141 and is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-100 effective August 22, 2018. This is an unrestricted requirement under NAICS Code 518210, Data Processing, Hosting, and Related Services. CONTRACT LINE ITEM NUMBER(S): See Attachment 2, Schedule of Prices. REQUIREMENT: The National Archives and Records Administration (NARA) has a requirement for Active Navigation Licenses and Data Mining Specialist Services. The following Federal Acquisition Regulation (FAR) clauses are incorporated and are to remain in full force in any resultant contract, with the exception of FAR provisions which will be removed prior to award: FAR 52.212-1. Instructions to Offerors - Commercial Items (Aug 2018). Addenda: Delete paragraph (h), Multiple Awards. - see below for additional quotation submission instructions. EVALUATION (In lieu of FAR 52.212-2): Evaluation and award will be in accordance with Simplified Acquisition Procedures at FAR Subpart 13.106, Soliciting Competition, Evaluation of Quotations or Offers, Award and Documentation authorized by FAR Subpart 13.5, Simplified Procedures for Certain Commercial Items. Selection of the Contractor to perform this contract will be based on NARA's assessment of the best overall value to the Government. Accordingly, best value for this procurement will be obtained through a lowest price technically acceptable evaluation. Exceptions taken to any terms and conditions stated in the RFQ must be clearly outlined on a separate page of the Contractor's quotation entitled "Exceptions." The Contractor must also include complete rationale, justification, and the cost impact of each exception noted. The Government reserves the right to make an award on the initial quotation without discussions of this procurement. For evaluation purposes, the Total Contract Price will be used to determine the lowest price. The Total Ceiling Price for each CLIN will be determined by multiplying the Quantity of Units by the Firm Fixed Unit Price. The resultant contract will include FAR 52.217-8, Option to Extend Services. NARA will evaluate six (6) additional months of services at the rate for CLINs 0009 and 0010 by dividing them in half. The evaluated Total Contract Price will be determined by summing the Total Ceiling Price of all CLINs and one half of the rate for CLINs 0009 and 0010. FOB destination pricing is required. Attachment 2, Schedule of Prices, Attachment 3, RFQ Information Sheet, and Contractor's certification as authorized reseller must be submitted with quotations. Failure to submit any of the required information and documentation with the quotation may result in rejection of the quotation. FAR 52.212-3, Offeror Representations and Certifications - Commercial Items (Aug 2018) - 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) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision. FAR 52.212-4, Contract Terms and Conditions - Commercial Items (Jan 2017) - see Attachment 4, Additional NARA Terms and Conditions (Addenda to FAR clause 52.212-4). FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Aug 2018) - see Attachment 5, FAR Clauses, for the full text of this clause and for additional applicable FAR clauses. Full text provisions and clauses can be found at https://www.acquisition.gov. QUESTIONS: Questions regarding this RFQ must be submitted in writing to the Contract Specialist, Ms. Cynthia Jones, at cynthia.jones@nara.gov no later than 12:00 p.m. eastern time on September 18, 2018 to be considered. Questions submitted in any other manner will not be answered. The Government will answer questions or requests for clarification via a written RFQ amendment. QUOTATION DUE DATE: Quotations must be received by 12:00 p.m. eastern time on September 21, 2018. Failure to submit quotations by the due date and time may result in rejection of the quotation as untimely. Contractors submitting via e-mail are cautioned to allow one extra business day for delivery and confirm receipt of quotation as the e-mail will need to pass through IT security. QUOTATION SUBMISSION INSTRUCTIONS: NARA requests that contractors email one (1) copy of the quotation to: cynthia.jones@nara.gov. However, contractors may mail one (1) hardcopy. Mailed quotations must be sent to: National Archives and Records Administration, Attention: Ms. Cynthia Jones, 8601 Adelphi Road, Room 3400, College Park, MD 20740-6001. ATTACHMENT 1 PERFORMANCE WORK STATEMENT FOR DATA MINING SPECIALIST 1.0 BACKGROUND INFORMATION 1.1 The National Archives and Records Administration (NARA) is an independent Federal agency that helps safeguard and preserve our nation's history by overseeing the management of all Federal records. The stories of our nation and our people are told in the records and artifacts cared for in NARA facilities around the country and people can discover, use, and learn from their documentary heritage. The mission is to ensure ready access to the essential evidence that documents the rights of American citizens, the actions of Federal officials, and the national experience. 1.2 The Electronic Records Division (RDE) of NARA has a requirement for service support related to the installation, capabilities, and use of the Active Navigation application for selected RDE projects. 2.0 SCOPE 2.1 Data Mining Specialist Services shall include: • Provide comprehensive Active Navigation orientation to NARA Computer and Information Technology (IT) Specialists and RDE Archivists focused on system configuration, application installation, application capabilities, and Active Navigation use cases. • Provide Active Navigation administrator and user documentation in either a digital or paper form that provides information on system configuration, application installation, application capabilities, and application products. • Guide and assist in the configuration of the computer system in preparation for the application installation. • Install the Active Navigation application. • Train selected NARA computer / IT staff on the operation and maintenance of the Active Navigation application. • Train selected RDEP archivists on the use and work flow of Active Navigation. • Guide and assist NARA archivists in selecting candidate sets for use in Active Navigation. • Guide and assist NARA computer / IT staff and RDE archivists in producing Active Navigation products in either digital or paper form. 2.2 Data Mining Specialist shall have a Top-Secret Clearance and sign a Non-Disclosure Agreement. 3.0 PLACE OF PERFORMANCE AND CONTRACTING OFFICER REPRESENTATIVE 3.1 Services shall be performed at the following location: National Archives and Records Administration 8601 Adelphi Road Rooms 4304 and 6300 College Park, Maryland 20740 3.2 The Contracting Officer Representative (COR) for this order is: COR: TBD Telephone: Email: 4.0 PERIOD OF PERFORMANCE 4.1 The period of performance shall be for one base year plus four option years. 5.0 HOURS OF OPERATION 5.1 Work shall be undertaken during regular business hours, 8:30 a.m. - 4:00 p.m. eastern time, Monday through Friday, excluding Federal holidays, unless mutually agreed upon by NARA's COR and the Contractor. 6.0 TASKS AND DELIVERABLES 6.1 The deliverables are discussed in paragraph 2.0 above. 7.0 MISCELLANEOUS REQUIREMENTS 7.1 No transportation or travel expenses will be paid. ATTACHMENT 2 SCHEDULE OF PRICES Base Year - Months 1-12 CLIN # DESCRIPTION QUANTITY OF UNITS UNIT OF ISSUE FIRM FIXED UNIT PRICE TOTAL CEILING PRICE 0001 Active Navigation Software Band A 12 Month Term, Content Governance Term (up to 5TB) 01 12 Month Term tiny_mce_marker________ tiny_mce_marker_________ 0002 Data Mining Specialist Services, See Attachment 2, Performance Work Statement Top Secret Clearance Required 80 Hours tiny_mce_marker________ tiny_mce_marker_________ TOTAL BASE YEAR CONTRACT CEILING PRICE: tiny_mce_marker________ Note: Quotations will be considered technically unacceptable if Contractors fail to provide proof that they are authorized resellers. Option Year I - Months 13-24 CLIN # DESCRIPTION QUANTITY OF UNITS UNIT OF ISSUE FIRM FIXED UNIT PRICE TOTAL CEILING PRICE 0003 Active Navigation Software Band A 12 Month Term, Content Governance Term (up to 5TB) 01 12 Month Term tiny_mce_marker________ tiny_mce_marker_________ 0004 Data Mining Specialist Services, See Attachment 2, Performance Work Statement Top Secret Clearance Required 80 Hours tiny_mce_marker________ tiny_mce_marker_________ TOTAL OPTION YEAR I CONTRACT CEILING PRICE: tiny_mce_marker________ Option Year II - Months 25-36 CLIN # DESCRIPTION QUANTITY OF UNITS UNIT OF ISSUE FIRM FIXED UNIT PRICE TOTAL CEILING PRICE 0005 Active Navigation Software Band A 12 Month Term, Content Governance Term (up to 5TB) 01 12 Month Term tiny_mce_marker________ tiny_mce_marker_________ 0006 Data Mining Specialist Services, See Attachment 2, Performance Work Statement Top Secret Clearance Required 80 Hours tiny_mce_marker________ tiny_mce_marker_________ TOTAL OPTION YEAR II CONTRACT CEILING PRICE: tiny_mce_marker________ Option Year III - Months 37-48 CLIN # DESCRIPTION QUANTITY OF UNITS UNIT OF ISSUE FIRM FIXED UNIT PRICE TOTAL CEILING PRICE 0007 Active Navigation Software Band A 12 Month Term, Content Governance Term (up to 5TB) 01 12 Month Term tiny_mce_marker________ tiny_mce_marker_________ 0008 Data Mining Specialist Services, See Attachment 2, Performance Work Statement Top Secret Clearance Required 80 Hours tiny_mce_marker________ tiny_mce_marker_________ TOTAL OPTION YEAR III CONTRACT CEILING PRICE: tiny_mce_marker________ Option Year IV - Months 49-60 CLIN # DESCRIPTION QUANTITY OF UNITS UNIT OF ISSUE FIRM FIXED UNIT PRICE TOTAL CEILING PRICE 0009 Active Navigation Software Band A 12 Month Term, Content Governance Term (up to 5TB) 01 12 Month Term tiny_mce_marker________ tiny_mce_marker_________ 0010 Data Mining Specialist Services, See Attachment 2, Performance Work Statement Top Secret Clearance Required 80 Hours tiny_mce_marker________ tiny_mce_marker_________ TOTAL OPTION YEAR IV CONTRACT CEILING PRICE: tiny_mce_marker________ TOTAL CONTRACT CEILING PRICE: tiny_mce_marker________ Note: NARA will evaluate submitted pricing in accordance with FAR 52.217-5 and FAR 52.217-8. ATTACHMENT 3 RFQ Information Sheet Failure to provide the TAA Country of Production (if applicable) will result in no further consideration of the quotation. Contractor must complete all applicable information on this sheet and submit it with the quotation. Failure to do so will render the quotation unacceptable for receipt of the order. Statutory/Regulatory Compliance TRADE AGREEMENT ACT COUNTRY OF PRODUCTION: _____________________ ENERGY STAR® OR FEDERAL ENERGY MANAGEMENT PROGRAM (FEMP) ENERGY USE REQUIREMENT COMPLIANCE, AS REQUIRED: YES_____ or NO_____ IPv6 COMPLIANT: YES____ or NO_____ SECTION 508 COMPLIANT: YES_____ or NO____ Specific Terms, Conditions, and Administrative information PAYMENT TERMS: ________________________________________________________________ DELIVERY DATE: _________________________________________________________________ WARRANTY: ______________________________________________________________________ NAME AND ADDRESS OF QUOTER: ________________________________________________ ________________________________________________________________________ TELEPHONE NO (INCLUDE AREA CODE): __________________________ FAX NUMBER: ___________________________ E-MAIL ADDRESS: _____________________________________ ENROLLED IN SYSTEM FOR AWARD MANAGEMENT (SAM)? Yes____ No____ CAGE CODE NUMBER: _____________________________________ DUNS: _______________________________________ Vendor Certification: [By signing the Vendor acknowledges that the information provided in response to this RFQ is correct.] NAME AND TITLE OF SIGNER: __________________________________ DATE OF QUOTATION: ___________________________________ SIGNATURE OF PERSON AUTHORIZED TO SIGN: ______________________________ ATTACHMENT 4 ADDITIONAL NARA TERMS AND CONDITIONS (Addenda to FAR clause 52.212-4) I. GOVERNMENT CONTRACT ADMINISTRATION A. This contract will be administered by: National Archives and Records Administration Office of the Chief Acquisition Officer (Z) 8601 Adelphi Road, Room 3340 College Park, MD 20740-6001 B. Contract Specialist (CS): Cynthia Jones Telephone: 301-837-1860 Email: cynthia.jones@nara.gov The Contracting Officer (CO) has the overall responsibility for the administration of this contract. Written communication to the Contract Specialist (CS) must make reference to the contract number and must be emailed or mailed with postage prepaid, to the above address. C. Contracting Officer (CO): Any Z Warranted CO The CO alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify, or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules; make final decisions on disputed deductions from contract payments for non-performance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. However, the CO may delegate certain other responsibilities to authorized representatives. D. NARA Contracting Officer's Representative (COR): COR: TBD Telephone: Email: II. INVOICE SUBMISSION REQUIREMENTS A. The preferred method for invoicing is through the Invoice Processing Platform (IPP) which is a secure web-based electronic invoicing and payment information system. This service is provided by the U.S. Treasury's Bureau of the Fiscal Service free of charge to federal agencies and contractors. IPP allows contractors to view information regarding their contracts and orders, electronically submit invoices and view payment information. B. The IPP website address is https://www.ipp.gov. Contractors can obtain enrollment assistance by contacting the Fiscal Service Accounts Payable Help Desk via e-mail at AccountsPayable@fiscal.treasury.gov or by phone at 304-480-8000, Option 7. C. Contractors that are not able to utilize the IPP system for submitting payment requests may submit invoices electronically by e-mail to AccountsPayable@fiscal.treasury.gov. Microsoft Excel, Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are acceptable formats. D. Invoices for services shall be submitted monthly unless otherwise stated elsewhere in the contract. E. For invoice and payment questions call the Fiscal Service AP Help Desk at 304-480-8000, Option 7. III. CONFIDENTIALITY OF INFORMATION (a) Confidential information is any information that, if subject to unauthorized access, modification, loss, or misuse could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals, but has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. Confidential information also includes proprietary data and information for which other restrictions on access apply. (b) The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the "Disputes" clause. (c) While in the course of performance of this contract, the Contractor may have access to confidential information and communications, including but not limited to Personally Identifiable Information (PII). Confidential information may be contained in printed material or on electronic media. The Contractor shall preserve the confidentiality of all such information and communications and agrees not to disclose, release, disseminate, or publish any such information or communications for any purposes whatsoever without the prior approval of the Contracting Officer. Failure to comply with the provisions of this Paragraph will be grounds for Termination for Default and the Contractor may be liable for damages. This provision shall survive the expiration or termination of the period of performance of this contract. (d) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor shall follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act. (e) During the course of the performance of this contract, the Contractor may have access to and use of data and information which may be considered proprietary by other Contractors or which may otherwise be of such a nature that its dissemination or use, other than in performance of this contract, would be adverse to the interest of NARA and these other Contractors. (f) Except as may be otherwise agreed to with these other Contractors, the Contractor agrees that it will not use, disclose or reproduce proprietary data and information belonging to these other Contractors other than as required in the performance of this contract; provided, however, that nothing herein shall be construed as: (1) precluding the use of any such data or information independently acquired by the Contractor without such limitation; or (2) prohibiting an agreement at no cost to NARA between the Contractor and these Contractors which provides for greater rights to the Contractor. (g) When considering a request to disclose, release, disseminate, or publish confidential information, the Contracting Officer will consult with appropriate program and legal officials. (h) At the discretion of the Contracting Officer, the Contractor's employees may be required to sign a non-disclosure agreement prior to performing any work under this contract. (i) The terms of this paragraph apply to all Contractor employees, subcontractors and consultants and must be incorporated into any subcontract. ATTACHMENT 5 FAR CLAUSES I. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (Aug 2018) (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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (5) 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: __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) _X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). _X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)). __ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Nov 2016) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Aug 2018) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). _X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). __ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28)(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (ii) Alternate I (FEB 1999) of 52.222-26. X (29)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). (ii) Alternate I (JULY 2014) of 52.222-35. X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793). (ii) Alternate I (JULY 2014) of 52.222-36. _X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212). _X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). __ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. _X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). __ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693). __ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). __ (ii) Alternate I (JAN 2017) of 52.224-3. __ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (47)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (48) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)). __ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (APR 2003) of 52.247-64. __ (iii) Alternate II (FEB 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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. (v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (xi) 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. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xiv) 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). (xv) 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). (xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706). (xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a). (B) Alternate I (JAN 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 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. (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. II. FAR 52.217-5 Evaluation of Options (Jul 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). III. FAR 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. IV. FAR 52.227-19 Commercial Computer Software License (Dec 2007) (a) Notwithstanding any contrary provisions contained in the Contractor's standard commercial license or lease agreement, the Contractor agrees that the Government will have the rights that are set forth in paragraph (b) of this clause to use, duplicate or disclose any commercial computer software delivered under this contract. The terms and provisions of this contract shall comply with Federal laws and the Federal Acquisition Regulation. (b)(1) The commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the Government except as provided in paragraph (b)(2) of this clause or as expressly stated otherwise in this contract. (2) The commercial computer software may be- (i) Used or copied for use with the computer(s) for which it was acquired, including use at any Government installation to which the computer(s) may be transferred; (ii) Used or copied for use with a backup computer if any computer for which it was acquired is inoperative; (iii) Reproduced for safekeeping (archives) or backup purposes; (iv) Modified, adapted, or combined with other computer software, provided that the modified, adapted, or combined portions of the derivative software incorporating any of the delivered, commercial computer software shall be subject to same restrictions set forth in this contract; (v) Disclosed to and reproduced for use by support service Contractors or their subcontractors, subject to the same restrictions set forth in this contract; and (vi) Used or copied for use with a replacement computer. (3) If the commercial computer software is otherwise available without disclosure restrictions, the Contractor licenses it to the Government without disclosure restrictions. (c) The Contractor shall affix a notice substantially as follows to any commercial computer software delivered under this contract: Notice-Notwithstanding any other lease or license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the Government regarding its use, reproduction and disclosure are as set forth in Government Contract No.___________________________. V. FAR 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. VI. Stop work Cancellation (April 2014) The Contractor is required to report to work and resume full contract performance within six (6) hours of receiving notifications of the stop work cancellation unless otherwise instructed by the Contracting Officer and/or the Contracting Officer's Representative or NARA Point of Contact. VII. FAR 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): http://farsite.hill.af.mil or https://www.acquisition.gov/far/ VIII. FAR 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): http://farsite.hill.af.mil or https://www.acquisition.gov/far/ ATTACHMENT 6 SECURITY OF INFORMATION AND PROTECTION OF CONTROLLED UNCLASSIFIED INFORMATION, INCLUDING PERSONALLY IDENTIFIABLE INFORMATION (APRIL 2017) (a) Applicability This clause applies to all controlled unclassified information, which may include personally identifiable information, as defined in Section B, regardless of the medium in which it is found and includes paper records. (b) Definitions. As used in this clause: "Breach" means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to personally identifiable information, in usable form whether physical or electronic. "Controlled Unclassified Information (CUI)" means information the Government creates or possesses, or that an entity creates or possesses for or on behalf of the Government, that a law, regulation, or Government-wide policy requires or permits an agency to handle using safeguarding or dissemination controls. However, CUI does not include classified information or information a non-executive branch entity possesses and maintains in its own systems that did not come from, or was not created or possessed by or for, an executive branch agency or an entity acting for an agency. Law, regulation, or Government-wide policy may require or permit safeguarding or dissemination controls in three ways: Requiring or permitting agencies to control or protect the information but providing no specific controls, which makes the information CUI Basic; requiring or permitting agencies to control or protect the information and providing specific controls for doing so, which makes the information CUI Specified; or requiring or permitting agencies to control the information and specifying only some of those controls, which makes the information CUI Specified, but with CUI Basic controls where the authority does not specify. "Personally identifiable information (PII)" means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States. Examples of PII include the following: (1) Name. (2) Date of birth. (3) Mailing address. (4) Telephone number. (5) Social Security Number. (6) Email address. (7) Zip code. (8) Account numbers. (9) Certificate/license numbers. (10) Vehicle identifiers including license plates. (11) Uniform resource locators (URLs). (12) Internet protocol addresses. (13) Biometric identifiers (e.g., fingerprints). (14) Photographic facial images. (15) Any other unique identifying number or characteristic. (16) Any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual. "Sensitive personally identifiable information (sensitive PII)" means a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual. (1) Complete social security numbers, alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered sensitive PII even if they are not coupled with additional PII. (2) Additional examples include any grouping of information that contains an individual's name or other unique identifier plus one or more of the following elements: (i) Driver's license number, passport number, or truncated social security number (such as last 4 digits); (ii) Date of birth (month, day, and year); (iii) Citizenship or immigration status; (iv) Financial information such as account numbers or electronic funds transfer information; (v) Medical information; and/or (vi) System authentication information such as mother's maiden name, account passwords or personal identification numbers. (3) Other PII may be "sensitive" depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but it is not sensitive. (c) Data Security. (1) The Contractor shall limit access to the data covered by this clause to those employees and subcontractor who require the information in order to perform their official duties under this contract. (2) The Contractor employees, and subcontractors must physically or electronically secure CUI, which may include sensitive PII, when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss. (3) When CUI is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed in accordance with NIST 800-88 standards. (4) The Contractor shall only use CUI obtained under this contract for purposes of the Contractor; it shall not be disclosed, released, disseminated, or published without the prior written consent of the Contracting Officer. (5) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, The Contractor shall follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act. (6) At expiration or termination of this contract, the Contractor shall turn over all CUI obtained under the Contractor that is in its possession. (d) Systems Access. Work to be performed under this contract may require the handling of CUI, including PII. The Contractor shall provide the Government access to, and information regarding those systems handling CUI, including sensitive PII for the Government under the Contractor, when requested by the Government, as part of the Contractor's responsibility to ensure compliance with security requirements, and shall otherwise cooperate with the Government in assuring compliance with such requirements. Government access shall include independent testing of controls, system penetration testing by the Government, Federal Information Security Management Act data reviews, and access by agency Inspectors General (IG) for IG reviews. When requested by the NARA Contracting Officer or Contracting Officer's Representative or other NARA official as described herein, in connection with NARA's efforts to ensure compliance with security requirements and to maintain and safeguard against threats and hazards to the security, confidentiality, integrity, and availability of NARA Information, Contractor shall provide NARA, including the NARA OIG, (1) access to any and all information and records, including electronic information, regarding a Covered Information System, and (2) physical access to Contractor's facilities, installations, systems, operations, documents, records, and databases. Such access may include independent validation testing of controls, system penetration testing, and FISMA data reviews by NARA or agents acting on behalf of NARA, and such access shall be provided within 72 hours of the request. Additionally, Contractor shall cooperate with NARA's efforts to ensure, maintain, and safeguard the security, confidentiality, integrity, and availability of NARA information. (e) Systems Security. (1) In performing its duties related to management, operation, and/or access of systems containing PII under this Contract, the Contractor, its employees and subcontractors shall comply with all applicable security requirements and rules of conduct applicable to the agency's systems as described in: a) NARA Directive 1608 http://www.archives.gov/foia/directives/nara1608.pdf and b) FedRAMP baseline controls for moderate IT systems. (2) In addition, the use of Contractor-Owned laptops or other portable storage devices to process or store sensitive PII is prohibited under this contract until the Contractor provides, and the Contracting Officer, in coordination with the Senior Agency Official for Privacy (SAOP) or the SAOP's designee, approves the Contractor's written acknowledgment that the following requirements are met: (i) Laptops and other portable storage devices must employ encryption that is NIST Federal Information Processing Standard (FIPS) 140-2 validated (or its successor) http://csrc.nist.gov/publications/PubsFIPS.html, and approved. (ii) The Contractor has developed and implemented a process to ensure that security and other applications software are kept current. (iii) Mobile computing devices utilize anti-virus software and a host-based firewall mechanism. (iv) Removable media, such as hard drives, flash drives, devices with flash memory, CDs and floppy disks containing CUI, which may include sensitive PII shall not be removed from a Government facility unless they are encrypted using a NIST FIPS 140-2 or successor approved product. (v) When no longer needed, all removable media, hard drives, and flash memory shall be destroyed in accordance with Government security requirements identified in NARA's Media Protection Methodology. (vi) The Contractor shall maintain an accurate inventory of devices used in the performance of this contract. (3) All NARA information obtained under this contract shall be removed from Contractor-Owned information technology assets at the direction of the Contracting Officer or Contracting Officer's Representative. Removal must be accomplished in accordance with standard FedRAMP controls for media protection in moderate IT systems and NIST 800-88 standards. Certification of data removal will be performed by the Contractor's Project Manager and written notification confirming acknowledgment will be delivered to the Contracting Officer within 30 days of the direction to remove the information. (4) Back up or mirrors of any systems or files containing CUI shall be treated in the same manner as the original data containing CUI, with the same protections and obligations. (5) The Contractor shall require FIPS 140-2 (or successor) encryption of any sensitive PII when transmitted electronically across the Internet or other public works. (f) Breach Notification to Government. (1) The Contractor has been provided with: NARA Directive 1608, and is aware of its roles, responsibilities, and relationship with the Government in case of data breach. (2) In the event of any actual or suspected breach of sensitive PII, the Contractor shall immediately, and in no event later than one hour of discovery, report the breach to the Contracting Officer, the Contracting Officer's Representative, the Senior Agency Official for Privacy (currently NARA's General Counsel garymstern@nara.gov) and the Chief Information Officer (only for IT requirements) in accordance with NARA Directive 1608. (3) The Contractor is responsible for positively verifying that notification is received and acknowledged by appropriate Government parties identified in subparagraph (2) above. (4) In the event of a confirmed, potential or suspected Security Breach, involving unauthorized exposure, loss of control, compromise, exfiltration, manipulation, disclosure, acquisition, or accessing of any Covered Information System or any NARA Information accessed by, retrievable from, processed by stored on, or transmitted within, to or from any such system, Contractor shall immediately (and in no event later than within 1 hour of discovery) report any Confirmed Breach to the NARA Contracting Officer and the Contracting Officer's Representative. (5) NARA, at its sole discretion, may obtain, and Contractor will permit, the assistance of other federal agencies and/or third-party contractors or firms to aid in response activities related to any security incident, PII or Security Breach. Additionally. NARA, at its sole discretion, may require Contractor to retain, at Contractor's expense, a Third Party Assessing Organization (3PAO) acceptable to NARA, with expertise in incident response, compromise assessment, and federal security control requirements, to conduct a thorough vulnerability and security assessment of all affected Information Systems. (6) Any report submitted in accordance with paragraphs (1), (2) and (3) above, shall identify (I) both the Information Systems and NARA Information involved or at risk, including the type, amount, and level of sensitivity of the NARA Information and, if the NARA Information contains PII, the estimated number of unique instances of PII, (2) all steps and processes being undertaken by Contractor to minimize, remedy, and/or investigate the Security Incident, (3) any and all other information as required by the USCERT Federal Incident Notification Guidelines, including the functional impact, information impact, impact to recoverability, threat vector, mitigation details, and all available incident details; and (4) any other information specifically requested by the NARA. Contractor shall continue to provide written updates to the NARA Contracting Officer regarding the status of the Security incident at least every three (3) calendar days until informed otherwise by the NARA Contracting Officer. (7) Response activities related to any security incident or PII or Security Breach undertaken by NARA, including activities undertaken by Contractor, other federal agencies, and any third-party contractors or firms at the request or direction of NARA, may include inspections, investigations, forensic reviews, data analyses and processing, and final determinations of responsibility for the Security Incident and/or liability for any additional response activities. Contractor shall be responsible for all costs and related resources at locations required for all such response activities related to any Security Incident or Breach, including the cost of any penetration testing. (g) Personally Identifiable Information Notification Requirement. Contractor certifies that it has a security policy in place that contains procedures to promptly notify any individual whose Personally Identifiable Information ("PII") was, or is reasonably determined by NARA to have been, compromised. Any notification shall be coordinated with the NARA CO and shall not proceed until the NARA has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by Contractor shall be coordinated with, and subject to the approval of, NARA. Contractor shall be responsible for taking corrective action consistent with NARA Data Breach Notification Procedures and as directed by the NARA Contracting Officer, including all costs and expenses associated already covered by above clauses added in PII clause with such corrective action, which may include providing credit monitoring to any individuals whose PII was actually or potentially compromised. All determinations regarding whether and when to notify individuals and/or federal agencies potentially affected by a Security Incident, Breach, or PII Breach will be made by NARA senior officials at NARA's discretion. (h) Flowdown of security requirements to subcontractors. (1) The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph (g), in all subcontracts under this contract, and require written subcontractor acknowledgement of same. (2) Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor. ATTACHMENT 7 RECORDS MANAGEMENT OBLIGATIONS A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists. B. Definitions "Federal record" as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. Federal record: (1) includes National Archives and Records Administration records. (2) does not include personal files. (3) applies to records created, received, or maintained byContractors pursuant to their National Archives and Records Administration contract. (4) May include deliverables and documentation associated with deliverables. C. Requirements (1) Contractor agrees to comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, or mode of transmission, or state of completion. (2) In accordance with 36 C.F.R. 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation. (3) In accordance with 36 C.F.R. 1222.32, Contractor must maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data. (4) No disposition of Federal records will be allowed without the prior written consent of the Head of the Contracting Activity, acting in accordance with the provisions of a NARA approved agency records schedules. NARA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of NARA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. (5) The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the task order. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government's behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to NARA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the delivery/task order. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4). (6) The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and NARA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information. (7) The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with NARA policy. (8) The Contractor shall not create or maintain any records containing any non-public NARA information that are not specifically tied to or authorized by the contract. (9) The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act. (10) NARA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which NARA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20. (11) Initial Training. All Contractor employees assigned to this contract and who work with or otherwise handle Federal records are required to take agency-provided records management training within thirty days after award of the contract or within thirty days of an employee beginning work on the contract. The Contractor is responsible for maintaining records confirming that all required employees complete the training. (12) Annual training. All Contractor employees assigned to this contract and who work with or otherwise handle Federal records will be required to complete annual records management training. The Contractor employees will be notified via their [email address] of the deadline for this obligation each year. The Contractor is responsible for maintaining records confirming all required contractor employees completed training. D. Flowdown of Requirements to Subcontractors (1) The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same. (2) Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor. ATTACHMENT 9 JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION FAR 6.302-1(c) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements--Application for Brand Name Descriptions (41 U.S.C. 3304(a)(1)) National Archives and Records Administration 8601 Adelphi Road College Park, MD 20740-6001 Active Navigation Licenses and Data Mining Specialist Services Technical Requirements Certification: I hereby certify that this justification for other than full and open competition is made in good faith, that the supporting data and information are accurate and complete to the best of my knowledge and belief, and that I would not be making this request if it were feasible to fully compete this requirement. I further certify this request is not the result of a desire to expend funds while those funds are still available. I. IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY, AND SPECIFIC IDENTIFICATION OF THE DOCUMENT AS A "JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION" See Page 1 II. NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED NARA seeks to award a fixed price purchase order for Active Navigation licenses and Data Mining Specialist services. III. A DESCRIPTION OF THE SUPPLIES OR SERVICES REQUIRED TO MEET THE AGENCY'S NEEDS (INCLUDING THE ESTIMATED VALUE) This requirement is for software licenses of the Active Navigation applications with a 12-month term subscription and 80 hours of Data Mining Specialist services. The order will be for one base year and four option years. The cost estimate for the base year is $. The total cost estimate for the base year plus four option years is $ including evaluation of FAR 52.217-8 at 50% of the estimated option year IV cost. IV. AN IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN FULL AND OPEN COMPETITION. 41 U.S.C. 3304(a)(1) - "Only One Responsible Source" as implemented by FAR 6.302-1(c). V. A DEMONSTRATION THAT THE PROPOSED CONTRACTOR'S UNIQUE QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY CITED This acquisition meets the authority of FAR 6.302-1 (c) which states that this authority may be used when "the use of such descriptions in the acquisition is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company." See above II. The Electronic Records Division (RDE) has a sizeable number of accessions in process with large volumes of digital files which agencies have transferred from unstructured shared drives. These accessions continue to require significant archival processing to identify and dispose of non-record and temporary records within the large file sets. Additionally, restricted information needs to be identified at the file level within the permanent file sets. We anticipate receiving future agency transfers of larger volumes, particularly of email under the Capstone GRS and agency transfers under the Managing Government Records Directive mandate. Active Navigation is a computer application with a suite of tools with the ability to rapidly discover and understand information quality problems in chaotic, unstructured, large volume information stores. It supports the "de-duplication" of large volumes of textual files such as email, word processing files, and other born digital records stored in unstructured environments. Using "de-duplication" tools has shown to reduce the volume of files stored in unstructured, non-records managed environments by about 25 percent, saving NARA storage and preservation costs. Active Navigation has the capability to index the large volume information stores and has discovery tools to assist finding files with potentially restricted information such as Personally Identifiable Information (PII). These capabilities are required to support the processing of large volumes of born-digital records routinely received by RDE. Active Navigation is the only product that can do all these things with support available for both classified and unclassified processing. VI. A DESCRIPTION OF EFFORTS MADE TO ENSURE THAT OFFERS ARE SOLICITED FROM AS MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR WILL BE PUBLICIZED AS REQUIRED BY SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION UNDER 5.202 APPLIES. A Combined Synopsis Solicitation will be posted on FBO. VII. A DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST TO THE GOVERNMENT WILL BE FAIR AND REASONABLE. A Combined Synopsis Solicitation will be posted on FBO. It is expected that at least three quotations will be received ensuring that the cost will be fair and reasonable. VIII. A DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED. Market Research was conducted and it was determined that there are at least four vendors that are authorized by Active Navigation to provide the software licenses and Data Mining Specialist services needed for this requirement. IX. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN COMPETITION. SEE FAR 6.303-2(a)(9) N/A X. A LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST IN THE ACQUISITION N/A XI. A STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR THE SUPPLIES OR SERVICES REQUIRED RDE will continue to monitor the market place for products that can efficiently perform the type of work that RDE requires. XII. CONTRACTING OFFICER CERTIFICATION THAT THE JUSTIFICATION IS ACCURATE AND COMPLETE TO THE BEST OF THE CONTRACTING OFFICER'S KNOWLEDGE AND BELIEF. See Page 1. ATTACHMENT 10 NON-DISCLOSURE AGREEMENT National Archives and Records Administration (NARA) 1. NON-DISCLOSURE OF INFORMATION I hereby certify that I shall not release to anyone not authorized to perform on this contract any information, regardless of medium (e.g., film, tape, photos, documents, etc.), pertaining to any part of this contract, unless: (1) the Contracting Officer has given prior written approval; or (2) the information is otherwise in the public domain before the date of release. 2. CONFIDENTIALITY OF SENSITIVE INFORMATION (a) During the course of performance of this contract, I may have access to information and communications considered sensitive by NARA, including but not limited to Controlled Unclassified Information (CUI) including Personally Identifiable Information (PII). I hereby certify that I shall preserve the confidentiality of all such information and communications and shall not, in any circumstances, disclose any such information or communications for any purposes without the prior written approval of the Contracting Officer. (b) My failure to abide by the terms of this provision shall be grounds for my immediate removal in accordance with the terms of this contract. (c) I shall follow all established security safeguards for the protection of all such information and communications. (d) The details of any safeguards that may be revealed to me by NARA in the course of performance of this contract shall not be published or disclosed in any manner without the Contracting Officer's express written consent. 3. LIMITED DISTRIBUTION OR USE OF PROPRIETARY INFORMATION (a) During the course of the performance of this contract, I may have access to and use of data and information which may be considered proprietary by other vendors or which may otherwise be of such a nature that its dissemination or use, other than in performance on this contract, would be adverse to the interest of the Agency and these other vendors. (b) Except as may be otherwise agreed to with these other vendors, I hereby certify that I will not use, disclose or reproduce proprietary data and information belonging to these other vendors other than as required in the performance of this contract; provided, however, that nothing herein shall be construed as: precluding the use of any such data or information independently acquired without such limitation. 4. WHISTLEBLOWER PROTECTIONS These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling. (Signature required at award of contract)
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