News Column

Combine Solicitation - Real User Experience Insight (RUEI) ation Support Services

August 4, 2014



Notice Type: Combine Solicitation

Posted Date: 01-AUG-14

Office Address: Department of Health and Human Services; Food and Drug Administration; Office of Acquisitions and Grants Services; 5630 Fishers Lane, Room 2129 Rockville MD 20857-0001

Subject: Real User Experience Insight (RUEI) ation Support Services

Classification Code: D - Information technology services, including telecommunications services

Solicitation Number: FDA-SOL-14-1134458

Contact: Steven Chang, Contract Specialist, Phone 240-402-7527, Email Tzeleong.Chang@fda.hhs.gov

Description: Department of Health and Human Services

Food and Drug Administration

Office of Acquisitions and Grants Services

Statement of Work (SOW) Real User Experience Insight (RUEI) Installation Support Services08/01/2014 1. Background The Food and Drug Administration's (FDA's) mission is to enforce the Federal Food, Drug, and Cosmetic (FD&C) Act and other laws that are designed to protect consumers' health and safety. All the Information Technology (IT) systems have been created to meet mission critical requirements as well as requirements imposed by executive orders. These systems assist FDA personnel in tracking and managing cases throughout the regulatory workflow. The FDA Office of Information Management (OIM) focuses on creating and maintaining resource-light IT environments for FDA applications that support the increasing need for information sharing and collaboration. Managing information in this new environment plays a critical role in enabling the FDA's efforts to transform Agency operations and respond quickly and accurately to emerging scientific, technological, and economic trends affecting its regulatory mission. OIM mission "manages information technology (IT) and other related services including technical oversight of system development processes, policies, and methodologies and management of IT infrastructure to ensure FDA has a robust IT foundation that enables interoperability across the FDA and allows the development of enterprise wide systems necessary to meet the FDA's mission of promoting and protecting public health in an efficient, effective, productive, and timely manner. OIM strives to consistently meet the business needs of its customers providing the services that adhere to the Agency's IT standards and policies." OIM Application Engineering, Integration and Monitoring (AEIM) team is responsible for the coordination of monitoring FDA application through the various environments. The various environments consist of development, test, pre-production and production. The development and test environments are housed at the White Oak Data Center (WODC) and the pre-production and production environments are in the Ashburn Data Center. Application monitoring is an initiative to provide FDA application owners and customers insight of application behavior with alerts, dashboards, and root-cause analysis. The AEIM team plan to provide application monitoring at an enterprise level throughout various centers. To accomplish this effort, the AEIM team is implementing the application monitoring tool called Oracle RUEI (Real User Experience Insight) that FDA has purchased. Oracle RUEI uses a non-intrusive monitoring capability which does not require any modification, changes, or instrumentation of the application.

2. Technical Environment At the FDA, the White Oak Data Center (WODC) hosts the FDA'sDevelopment & Test environments. The Contractor Hosted Data Center, also known as the Ashburn Data Center, hosts the FDA's main Pre-Production and Production environments. 3. Objectives The purpose of this order is to setup Oracle RUEI installation, configuration and consultation on initial monitoring setup to monitor 2 FDA applications (FACTS and OASIS) at 2 of FDA 21 District Locations. This application will become a tool for the application team and key personnel to evaluate application performance from an end-user perspective.

4. Scope 4.1 Installation Work to be performed The Contractor shall provide full technical support to install RUEI software, install/apply database component, RUEI Collector, Reporter, and any other component in order to complete a fully functional RUEI installation into the FDA environment. The contractor shall perform the following: 1. Analyze and recommend necessary technical requirements in order to install RUEI components in the FDA environment. 2. Review and install RUEI software, RUEI Collector, Processor, Reporter and validate installation 3. Install recommended RUEI patches 4. Install/apply RUEI database and other required recommended components, if needed. 5. Conduct RUEI system testing and review configurations/setup using FDA SSO and non-SSO applications 6. Ensure monitoring both SSO and non-SSO URL, email alerts, data captured and written to database, analyze data, and reporting application health using RUEI components 7. Validate and customize standard RUEI reports and insure they render correctly via RUEI UI 8. Validate and customize the RUEI dashboard and insure it renders via RUEI UI 9. Validate administration and configuration via UI 10. Ensure Oracle application monitoring best practices are implemented 11. Verify FDA environment is compliant and operational

4.2 FACTS Application The contactor shall use the Oracle RUEI monitoring tool to identify bottlenecks and provide data analysis. For Pilot 1, the Contractor shall perform the following:

1. Setup RUEI monitoring 2. Configuration setup 3. Generate dashboard and reports 4. Generate alerts

4.3 OASIS Application The contactor shall use the Oracle RUEI monitoring tool to identify bottlenecks and provide data analysis. For Pilot 2, the Contractor shall perform the following:

1. Setup RUEI monitoring 2. Configuration setup 3. Generate dashboard and reports 4. Generate alerts

4.4 Knowledge Transfer The Contractor shall provide knowledge transfer to the FDA RUEI administrator.

1. Provide training materials via digital copy 2. All training material will be provided to FDA administrators and stakeholders 3. Provide presentation with visual tool (i.e Powerpoint)

As a result of this order, the Contractor shall achieve the following outcomes: * Develop an standard monitoring process for FDA applications * Iterative 24/7 checks on websites availability * Receive early warnings on key issues to valued users * Email notification to POCs and/or application team when website is unavailable at the end-user side * Generate report on application health * Analyze diagnostic data and provide application owners when and how much poor user experience affects business performance * Identify root cause of the issue using RUEI diagnostic data * Decrease application downtime * Identify application and hardware scalability * Identify Key Performance Indicators (KPI)

5. Deliverables

Ref Description Estimate Quantity Due Date Price 4.1 RUEI installation 1 8 calendar days 4.2 FACTS application 1 11 calendar days 4.3 OASIS application 1 15 calendar days 4.4 Knowledge transfer 1 18 calendar days

6. Place of Performance The place of performance is at the FDA facility: 3 White Flint North (3WFN) 11601 Landsdown Street North Bethesda, MD 20852

7. Travel

The Government will not reimburse for local travel. Local travel is within the Washington, DC Metropolitan and surrounding area. Travel performed for personal convenience and daily travel to and from work at Contractor's facility will not be reimbursed.

The Government will reimburse the Contractor for allowable travel costs incurred by the Contractor in performance of this order and determined to be in accordance with FAR subpart 31.2, subject to the following provisions: Travel required for tasks assigned under this contract shall be governed in accordance with rules set forth for temporary duty travel in FAR 31.205-46.

Per Diem for travel on work assigned under this order will be reimbursed to employees consistent with company policy, but not exceed the amount authorized in the Federal Travel Regulations.

Air/Rail Travel - In rendering services, the Contractor shall be reimbursed for the actual costs of transportation incurred by its personnel not to exceed the cost of tourist and economy class (standard with no additions) rail, or plane fare, to the extent that such transportation is necessary for the performance of the services hereunder and is authorized by the Contracting Officer. Such authorization by the Contracting Officer shall be indicated in the order or in some other suitable written form.

Note: To the maximum extent practicable without the impairment of the effectiveness of the mission, transportation shall be tourist and economy class (standard with no additions). In the event that only first class travel is available, it will be allowed, provided justification therefore is fully documented and warranted.

Private Automobile - The use of privately owned conveyance within the continental United States by the traveler will be reimbursed to the Contractor at the mileage rate allowed by Federal Travel Regulations and with an ceiling of not to exceed the lowest tourist and economy class rail or plane fare/. Authorization for the use of privately owned conveyance shall be approved by the Contracting Officer in writing. Distances traveled between points shall be shown in standard highway mileage guides. Any deviations from distance shown in such standard mileage guides shall be explained by the traveler on the expense sheet.

Car Rental - The Contractor shall be entitled to reimbursement for car rental, exclusive of mileage charges, when the services are required to be performed outside the normal commuting distance from the Contractor's facilities. Car rental for will be limited to a rate of one car for every four (4) persons.

8. Hours of Operations The Contractor shall perform these services at the OIMT Division of Application Services (DAS) between the hours of 8:00 A.M. and 4:30 P.M. Eastern Time.

9. Contract Type

The contract type is Firm-Fixed-Price.

10. Point of Contract Contract Specialist Steven Chang Office of Acquisitions and Grants Services 5630 Fishers Lane Room 1075, HFA-500 Rockville, MD 20857 240-402-7527 Tzeleong.chang@fda.hhs.gov

Contracting Officer's Representative To Be Determined 2094 Gaither Road, Rockville, MD-20850

11. Authorized Resellers/Authorized Agent

Contractor shall be authorized reseller and/or servicing agent for the installation support of the software while performing on this contract. Contractor shall provide documentation to confirm that they are authorized resellers of the product to be serviced.

The Offeror shall notify the Contract Specialist / Contracting Officer immediately if this requirement is registered by a reseller or agent with the Original Equipment Manufacturer (OEM). 12. Performance Matrix

SOW Item No. Description Performance Standard Acceptable Quality Level Surveillance Method & Assessment 4.1 Installation of Oracle RUEI On time delivery 100% installed and operational without any problems 100% Inspection and stakeholder feedback 4.1 Bullet 11 Oracle RUEI environment review On time delivery Environment is 100% verified and operational 100% Inspection and stakeholder feedback 4.2 4.3 Two pilot projects will be implemented using Oracle RUEI On time delivery 100% operational without any problems or issues 100% Inspection and stakeholder feedback 4.4 Oracle RUEI knowledge sharing No more than one revisions Document is 95% technically correct, logically constructed and grammatically accurate 100% Inspection and stakeholder feedback

Stakeholder Feedback - Stakeholder feedback may be obtained either from the results of formal customer satisfaction surveys or from random customer complaints. Stakeholder complaints, to be considered valid, must set forth clearly and in writing the detailed nature of the complaint, must be signed and must be forwarded to the COR. The COR shall maintain a summary log of all formally received stakeholder complaints as well as a copy of each complaint in a documentation file. The COR shall also keep the tabulated results of all stakeholder satisfaction surveys on file and shall enter the summary results into the Surveillance Activity Log. 100% Inspection - This level of inspection shall be accomplished by monitoring and documentation. Each month, the COR shall review the generated documentation and enter summary results into the Surveillance Activity Log. 13. Three Way Invoice Instructions The Contractor shall submit one (1) original copy of each invoice to the address specified below: FDA/OC/OA/OFO/OFS Attn: Division of Payment Services 12345 Parklawn Drive, HFA-720 301.827.3742 or 866.807.3742 fdavendorpaymentsteam@fda.govRockville, Maryland 20857

Invoices submitted under this contract must comply with the requirements set forth in FAR clauses 52.232-25 (Prompt Payment) and 52.232-33 (Payment By Electronic Funds Transfer - Central Contractor Registration) and/or other applicable FAR clauses specified herein. To constitute a proper invoice, the invoice must be submitted on company letterhead and include each of the following:

(i) name and address of the contractor; (ii) invoice date and invoice number; (iii) purchase order/award number; (iv) description, quantity, unit of measure, unit price, and extended price supplies delivered or services performed, including: (a) period of performance for which costs are claimed; (b) itemized travel costs, including origin and destination; and (c) any other supporting information necessary to clarify questionable expenditures; (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 (must be the same as that in the purchase order/award, or in a proper notice of assignment) (viii) name, title, and phone number of person to notify in event of defective invoice; (ix) taxpayer identification number (tin); (x) electronic funds transfer (EFT) banking information, including routing transit number of the financial institution receiving payment and the number of the account into which funds are to be deposited; (xi) name and telephone number of the FDA Contracting Officer's Representative (COR) or other program center/office point of contact, as referenced on the purchase order; and (xii) any other information or documentation required by the purchase order/award. An electronic invoice is NOT acceptable Questions regarding invoice payments should be directed to the FDA Payment Office at a telephone number provided above.

14. Provisions and Clauses The below Health and Human Services Acquisition Regulation (HHSAR) Clauses apply. HHSAR Clauses can be viewed in full text at: http://www.hhs.gov/policies/hhsar/subpart352.html#subpart352.1--InstructionsforUsingProvisionsandClauses

352.202-1 - Definitions (January 2006) 352.222-70 - Contractor Cooperation in Equal Employment Opportunity Investigations (January 2010) 352.231-71 - Pricing of Adjustments (January 2001) 352.239-72 - Security Requirements for Federal Information Technology Resources (January 2010) 352.239-73 Electronic information and technology accessibility (January 2010) 352.242-71 - Tobacco-Free Facilities (January 2006)

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://www.acquisition.gov/far/html/FARTOCP52.html

52.212-1 - Instructions to Offerors -- Commercial Items (Apr 2014) 52.212-3 - Offeror Representations and Certifications -- Commercial Items (May 2014) 52.212-4 - Contract Terms and Conditions -- Commercial Items (May 2014) 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jul 2014) (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) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (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, 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: _x_ (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 (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] _x_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (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 (Aug 2013) (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). _x_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (13) [Reserved] _x_ (14) (i) 52.219-6, Notice of Total Small Business 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 (May 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. _x_ (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 (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (22) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (23) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _x_ (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _x_ (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _x_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _x_ (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). _x_ (31) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ___ (32) 52.222-35, Equal Opportunity for Veteran (Jul 2014) (38 U.S.C. 4212). _x_ (33) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). ___ (34) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). ___ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (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.) ___ (37) (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.) ___ (38) (i) 52.223-13, Acquisition of EPEAT(R) -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (39) (i) 52.223-14, Acquisition of EPEAT(R) -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (41) (i) 52.223-16, Acquisition of EPEAT(R) -Registered Personal Computer Products (Jun 2014) (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). ___ (43) 52.225-1, Buy American'upplies (May 2014) (41 U.S.C. chapter 83). _x_ (44) (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). _x_ (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. ___ (45) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _x_ (46) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (47) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2303 Note). ___ (48) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (49) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (50) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (51) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). _x_ (52) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (53) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (54) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). _x_ (55) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (56) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: ___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ___ (4) 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). ___ (5) 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). _x_ (6) 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). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (May 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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (vii) 52.222-17, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (viii) 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. (ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (xi) 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.) (xii) 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) (xiii) 52.222-54, Employment Eligibility Verification (Aug 2013). (xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xv) 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. (xvi) 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. (End of Clause)

52.232-39 - Unenforceability of Unauthorized Obligations (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), 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: (1) Any such 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 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. (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or 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. (End of clause) 15. 508 Standard Requirements 352.239-73(a) - Electronic and Information Technology Accessibility. (January 2010) (a) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, and the Architectural and Transportation Barriers Compliance Board Electronic and Information (EIT) Accessibility Standards (36 CFR Part 1194), require that, unless an exception applies, all EIT products and services developed, acquired, maintained, or used by any federal department or agency permit- (1) Federal employees with disabilities to have access to and use information and data that is comparable to the access and use of information and data by federal employees who are not individuals with disabilities; and (2) Members of the public with disabilities seeking information or services from a federal agency to have access to and use of information and data that is comparable to the access and use of information and data by members of the public who are not individuals with disabilities. (b) Accordingly, any vendor submitting a proposal/quotation/bid in response to this solicitation must demonstrate compliance with the established EIT accessibility standards. Information about Section 508 is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-section-508-standards/section-508-standards. (c) The Section 508 accessibility standards applicable to this solicitation are identified in the Statement of Work/Specification/Performance Work Statement. In order to facilitate the Government's evaluation to determine whether EIT products and services proposed meet applicable Section 508 accessibility standards, offerors must prepare an HHS Section 508 Product Assessment Template, in accordance with its completion instructions, and provide a binding statement of conformance. The purpose of the template is to assist HHS acquisition and program officials in determining that EIT products and services proposed support applicable Section 508 accessibility standards. The template allows vendors or developers to self-evaluate their products or services and document in detail how they do or do not conform to a specific Section 508 accessibility standard. Instructions for preparing the HHS Section 508 Evaluation Template may be found under Section 508 policy on the HHS Office on Disability website (http://www.hhs.gov/od/). (d) Respondents to this solicitation must also provide any additional detailed information necessary for determining applicable Section 508 accessibility standards conformance, as well as for documenting EIT products or services that are incidental to the project, which would constitute an exception to Section 508 requirements. If a vendor claims its products or services, including EIT deliverables such as electronic documents and reports, meet applicable Section 508 accessibility standards in its completed HHS Section 508 Product Assessment Template, and it is later determined by the Government - i.e., after award of a contract/order, that products or services delivered do not conform to the described accessibility standards in the Product Assessment Template, remediation of the products or services to the level of conformance specified in the vendor's Product Assessment Template will be the responsibility of the Contractor and at its expense. (End of provision) The following Section 508 provisions apply to the content identified in this SOW:

[Section] 1194.21 Software applications and operating systems. [Section] 1194.22 Web-based intranet and internet information and applications. [Section] 1194.31 Functional performance criteria. [Section] 1194.41 Information, documentation, and support.

16. Order of Precedence The Contractor shall follow the terms and conditions of this order. Should the Contractor include any additional terms and conditions resulting in conflicts between this document and the contractor's document, the Order of Precedence shall be as specified in FAR Clause 52.212-4, dated May 2014. Any indemnification and governing law language in the contractor's terms and conditions shall be invalid and shall be stricken and removed from the contract. Any additional terms and conditions shall not be prohibited by applicable laws and regulations. Any additional terms and conditions identified with a web link and/or incorporated by reference shall be stricken and removed from the contract. The Contractor shall provide all terms and conditions, in full text, with their quotations as attachments, appendixes, etc.

17. Award Determination The North American Industry Classification System (NAICS) code and small business size standard is 541519 and 150 employees, respectively.

All quotations will be evaluated on a Lowest Price Technically Acceptable basis. All Quoters providing quotations must clearly state the overall cost to the Government.

The award will be made to the lowest price Quoter that demonstrates they can meet the requirements of this solicitation. The Government will assign a rating of "Acceptable" or "Not Acceptable" to the factors identified below. In order to be considered for award, the Quoter must receive an Acceptable rating for all of the following:

* Demonstrate skill set and knowledge of the tool * Experience with implementation the tool * Experience with training end users about the tool * Provide documentation of operating and installing the tool * Ensure milestones are met * Provide objective analysis to identify risks and challenges that may impact tool usage * Authorized reseller and/or servicing agent for the installation support of Oracle RUEI

Failure to demonstrate meeting the requirements will result in a rating of technically Not Acceptable and will not be considered for award.

All quotations shall be emailed to Steven Chang, Tzeleong.Chang@fda.hhs.gov, by the closing date. Questions can be emailed to Steven Chang.

Link/URL: https://www.fbo.gov/spg/HHS/FDA/DCASC/FDA-SOL-14-1134458/listing.html


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