2019-R-033_Compensation_Study.pdf

SECTION A – SOLICITATION/CONTRACT FORM

SOLICITATION, OFFER AND AWARD

1. CONTRACT NO.

SOLICITATION NO.

2019-R-033

2. TYPE OF SOLICITATION

Competitive

3. EFFECTIVE DATE

See Block 21

4. REQUISITION/

PURCHASE NO.

5. ISSUED BY CODE 6. ADDRESS THE OFFER TO (if other than Item 5)

Office of the Secretary

United States Senate

U.S. Capitol

Washington, DC 20510

Attn: Contracts Department

Office of the Sergeant at Arms

United States Senate

2 Massachusetts Avenue, NE

Washington, DC 20002

SOLICITATION

7. FOR INFORMATION

CALL OR E-MAIL

A. NAME: Connie Kemper

Procurement & Contracting Specialist

B. TELEPHONE NO: 202-228-3253 (NO COLLECT CALLS)

or E-MAIL: acquisitions@saa.senate.gov

8. TABLE OF CONTENTS

SEC DESCRIPTION PAGE(S) SEC DESCRIPTION PAGE(S)

PART I – THE SCHEDULE

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES

X B SUPPLIES OR SERVICES AND PRICE/COSTS

X C STATEMENT OF WORK X J LIST OF ATTACHMENTS

X D PACKAGING AND MARKING X K REPRESENTATIONS AND CERTIFICATIONS

X E INSPECTION AND ACCEPTANCE X L INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFERORS

X F DELIVERIES OR PERFORMANCE

X G CONTRACT ADMINISTRATION DATA X M EVALUATION FACTORS FOR AWARD

X H SPECIAL CONTRACT REQUIREMENTS N CONTRACTOR PROPOSAL

OFFER (Must be fully completed by Offeror)

9. In compliance with the above, the undersigned agrees, if this offer is accepted within ____ calendar days (90 calendar days unless a different period is inserted by the Offeror) from the date of receipt of offers specified above, to furnish any of the items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the specified schedule.

10. ACKNOWLEDGEMENT OF AMENDMENTS AMENDMENT NO. DATE AMENDMENT NO. DATE

The Offeror acknowledges receipt of amendments to the SOLICITATION for Offerors and related documents numbered and dated:

11A.

NAME

TIN

NO

Dunn &

Bradstreet

12. NAME AND TITLE OF PERSON AUTHORIZED TO

SIGN OFFER (Type or Print)

AND ADDRESS

OF OFFEROR

11B. TELEPHONE NO.

11C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE

13. SIGNATURE 14. DATE SIGNED

AWARD (To be completed by Senate)

15. ACCEPTED AS TO ITEMS

NUMBERED

16. AMOUNT

In accordance with purchase orders issued under this contract

17. SUBMIT INVOICES PER SECTION G.4 ITEM

18. ADMINISTERED BY (If other than Item 5) CODE 19. PAYMENT WILL BE MADE BY CODE

Secretary of the Senate

United States Senate

Financial Department

Washington, DC 20510-7205

20. NAME OF CONTRACTING OFFICER

Julie E. Adams

UNITED STATES SENATE (signature of Contracting Officer) 21. DATE SIGNED

IMPORTANT — Award will be made on this Form, or other authorized official written notice

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 Scope

The United States Senate (Senate), Office of the Secretary (Secretary) requires a Contractor to assist in providing a review of the salaries and benefits of staff employed by Senators' offices and Senate committees to evaluate the extent to which Senate staff receive similar pay for similar work, both internally and externally to the Senate (Compensation Study or Study).

B.2 Description of Services

The Contractor shall provide the technical consulting, data acquisition support, and reporting services to execute and deliver the Senate’s Compensation Study.

B.3 Pricing

The schedules at Section B.6 shall provide the firm fixed rates on a not-to-exceed basis (NTE) for the services identified herein under this Contract. All pricing shall be fully burdened with all administrative cost, inclusive of travel, transportation, and other direct costs (ODCs) unless specifically identified and agreed upon by the Senate.

B.4 Term

This is a Contract for services specified and effective for the period stated in Section C.5, Period of

Performance. The actual schedule for the services provided under the Contract shall be mutually agreed upon by the Senate and the Contractor.

B.5 Price Re-determination and Adjustments

The Contractor may offer a price reduction at any time effective upon the date offered by the Contractor and will apply to all services performed on or after the effective date of price change. Price increases must be mutually agreed to and incorporated into the Contract through a modification hereto.

B.6 Pricing Schedules

The Contractor shall complete the schedules below which shall serve as the basis for the Level of Effort

(LOE) NTE pricing for all services herein.

B.6.1 Labor Rate Schedule

The following schedule shall contain firm-fixed rates for all work provided under this Contract.

Labor Type Labor Hour Rate

B.6.2 Price Schedule

The following schedule shall contain the best fixed price estimates (minimum and maximum estimates are acceptable) for providing the deliverables specified in Section C.3. The total project cost reflected will serve as the Contractor’s NTE pricing quote.

Deliverable Fixed Price Estimate

C.3.1 Final Project Plan

C.3.2 Interview Questionnaire

C.3.3 Senate Position Matrix

C.3.4 Internal Compensation Voluntary Survey

C.3.5 Preliminary Internal Report

C.3.6 Preliminary External Report

C.3.7 Final Report

Total Project Cost (NTE)

SECTION C - STATEMENT OF WORK

The Office of the Secretary of the Senate has been directed to conduct a review of the salaries and benefits of staff employed by Senators' offices and Senate committees to evaluate the extent to which Senate staff receive similar pay for similar work, both internally and externally to the Senate. The Study must consider salaries, benefits, job responsibilities, experience, and outside qualifications, including education, for such comparisons.

This study will examine approximately 50 Senate positions, held by federal legislative employees hired and employed by approximately 120 independent employing offices of the Senate (Senators and Committees).

While submission of data by these offices will be voluntary and anonymous, the total potential pool of employees consists of approximately 5,000 staff members based in every state and Washington, D.C. In addition, some Senate employees are shared among multiple offices such that each office only pays a pro rata share of the employee’s annualized rate of pay.

Each employing office determines its own job titles as well as the qualifications and competencies required for each office position. Job titles (including duties, qualifications and competencies for each position) may be, but are not required to be, common across Senate employing offices. Therefore, no universal or mandatory position descriptions exist for the Senate. While various internal efforts have been made to generalize Senate positions, which will be shared with the Contractor post-award, such efforts should not be assumed to be up-to-date or sufficient for this study.

While the Contractor, after consultation with the Secretary’s staff, will recommend a final project plan, one possible course of action for the internal portion of the Study is to provide each office a list of positions determined by the Contractor and the Secretary’s staff to best represent the common functional positions.

Each position listed will include a list of alternate titles used for the position in the Senate, as well as a summary of primary duties (a “position matrix” as described below). When examining the employees within their office, respondents will be asked to match their employees with the positon from the matrix that most closely corresponds to the duties of each employee, and then provide the relevant data for each position.

Once the internal position matrix has been created, the comparable external positions should include both private sector and executive branch positions. Determination of which benefits offered for external positions will be compared to those offered to Senate positions will depend on the existing benefit data currently available to the Contractor without attempting to conduct surveys of external peers.

The Compensation Study is not intended to and will not make proposals or recommendations for hiring policy or strategy. The Study is strictly limited to collecting voluntarily provided internal compensation data, and comparing it to similar data for comparable external positions. The final product of the Study will be a report, sufficient to enable the evaluation described above, to be provided to the United States Senate

Committee on Appropriations. All data collected and final products will remain the property and in the custody of the Secretary until distributed to Senate offices as authorized.

C.1 Scope

The Secretary seeks to engage a Contractor to provide the described services, as follows:

a) Work closely with the Secretary’s staff to identify and collect the internal data necessary to accomplish the goals of the Compensation Study as described above;

b) Provide or obtain existing external data from public (preferred) or proprietary sources sufficient to complete the required comparison; and

c) Work closely with the Secretary’s staff to produce a final report to be provided to the Committee on Appropriations and other Senate offices.

C.2 Tasks

The Contractor shall provide assistance to the Secretary’s staff assigned to execute the Study by performing the following tasks:

C.2.1 Task 1 - Development and Design of Compensation Study Methodology

Working closely with the Secretary’s staff, the Contractor shall develop and document a project plan detailing each step necessary towards completing the Compensation Study.

The plan must include:

a) a methodology to identify and describe Senate positions in a manner that facilitates both internal and external comparisons;

b) a methodology to gather the necessary compensation data from the Senate community, wherein all communications with Senate staff will be conducted by Secretary’s staff, and all identifying data provided by Senate staff will remain in the custody and control of the Secretary’s staff;

c) sources and characteristics of external comparative data;

d) a methodology for performing the external comparisons with identified internal positions;

e) procedures or methodology for safe handling by the Contractor of project data and information;

f) roles of Contractor’s personnel and Secretary’s staff for each project task, including production of the final report; and

g) a proposed timeline for each task and deliverable in the plan.

The plan must be submitted to the Secretary and approved by the Secretary, as Contracting Officer, before proceeding with the remaining tasks. Communication will be through the Contracting Officer’s

Representative (COR), see Section G.2.

Technical and functional requirements shall be updated after consultation with the Secretary’s technical staff.

C.2.2 Task 2 – Execution of Compensation Study

C.2.2.1 Identifying and Evaluating Senate Positions

The Contractor shall assist the Secretary’s staff to identify and describe functional components for a core set of Senate positions in a manner that facilitates internal and external comparisons. Working with the

Secretary’s staff, the Contractor may review prior surveys and other materials while also considering available external data, identified by the Contractor, in making a recommendation as to the sufficiency of existing Senate position descriptions.

If further development is deemed necessary, the Contractor shall assist the Secretary’s staff with the development of an interview questionnaire for use with potential Senate staff for the purpose of gathering additional information about the Senate positions to be studied. All interviews of Senate staff will be conducted by the Secretary’s staff. The Secretary will identify the offices to be interviewed and facilitate the interviews and the participation of the Contractor in any interview sessions. The Contractor shall assist the Secretary’s staff in preparation for, evaluation and analysis of, and reporting on the interviews (exact positions to be determined by the Secretary’s staff in consultation with the Contractor).

The identification of a core set of Senate positions suitable for internal and external comparison will be completed by the Contractor by means of the creation of a matrix that details and describes the qualifications, experience, and functional components to be used to identify and compare each designated

Senate position with similar external positions. The matrix will be based on the data gathered from Senate staff and is subject to approval by the Secretary.

If advisable, the Contractor may propose that Task C.2.2.2 would be more logical to occur before Task

C.2.2.1. Respondent proposals and initial meetings after award may inform such final decisions as part of overall project design and planning.

C.2.2.2 Gathering Internal Compensation Data

Using the identified Senate positions, or in order to assist in the identification and evaluation of Senate positions, and working with the Secretary’s staff, the Contractor shall create a draft online survey instrument to be managed internally by the Secretary’s staff on an existing platform (Key Survey) for distribution by the Secretary to all Senate member offices and committees. The survey data must address, at a minimum, salary, benefits, job responsibilities, experience, and outside qualifications, including education. The final survey instrument and all associated messaging must be approved by the Secretary before it is distributed to the Senate community.

Upon completion of the survey, the Contractor will assist the Secretary’s staff to compile the results, providing anonymous aggregate analysis of the survey data for presentation in a preliminary internal report.

The granularity and use of data in this report must not provide enough detail to permit attribution to any individual office or committee, or any narrow group of possible offices, such as a specific state or region.

C.2.2.3 Conducting External Comparison

Concurrent with the collection of internal survey data, the Contractor will identify and compile existing data currently available to the Contractor in public (preferred) or proprietary data collections from the private sector and executive branch of government associated with each of the comparable positions identified in the Senate Position Matrix (Deliverable 3 – see C.3.3). A draft preliminary external comparison report that includes this data and an associated analysis will be provided to the Secretary. This preliminary external report will be merged with the preliminary internal report described in Section C.2.2.2 to form the basis of the final report described in Section C.2.2.4.

A critical part of the external comparison process is selecting an appropriate peer group. The decision as to which organizations, industry, or geographical area to use will be discussed with the Contractor. Subsequent to the salary data review and decisions (which markets and data to use) the Contractor is expected to collaborate with the Secretary’s staff to review and refine the compensation data collected.

C.2.2.4 Final Report

The Contractor will assist the Secretary’s staff to compile a final report designed to meet the goals of the

Compensation Study as described above.

C.2.3 Task 3 - Ad Hoc Requests

The Secretary anticipates that Ad Hoc tasks not specifically identified in this Statement of Work may be identified during the performance of this Contract. Upon the identification of a new task, the Contractor is authorized up to four hours of labor for the completion of each Ad Hoc task approved by the Secretary’s

Contracting Officer’s Representative (COR).

Should the Contractor determine that an Ad Hoc requirement will take longer than four (4) hours to complete, the Contractor shall provide a written estimate of the number of labor-hours and total cost to complete the Ad Hoc task. The Contractor shall not proceed with performance on the Ad Hoc task until approval is made in writing by the Secretary. For the purposes of Ad Hoc tasks, approval via email by the

COR shall be considered as meeting the requirements for written estimates and approvals.

The Secretary shall only be liable for the cost of four (4) labor-hours for each Ad Hoc requirement that does not comply with the written estimate and approval requirements detailed above. The Secretary anticipates that the total of all Ad Hoc hours will not exceed 80 hours.

C.3 Deliverables

The Contractor shall submit to the Secretary a draft document to satisfy each deliverable, unless otherwise directed. The Secretary will review the draft document within one week and provide her comments to the

Contractor, through the COR. The Contractor shall modify the draft document, as directed, within three business days of the Secretary’s review.

The Contractor shall provide all deliverables electronically to the Secretary’s Staff as directed by the COR in Windows compatible formats using Microsoft Office.

C.3.1 Deliverable 1 - Project Plan

The Contractor shall prepare a project plan as described in Task 1, Section C.2.1.

C.3.2 Deliverable 2 - Interview Questionnaire

The Contractor shall develop and distribute to the Secretary’s staff a draft interview questionnaire, unless the Secretary’s staff determines that Deliverable 3 (C.3.3) can be accomplished without interviews. See

Task 2, Section C.2.2.1.

C.3.3 Deliverable 3 – Senate Position Matrix

The Contractor shall compile a final matrix describing the qualifications and job functions for a core set of comparable Senate positions identified and agreed upon by the Contracting Officer. See Task 2, Section

C.2.2.1.

C.3.4 Deliverable 4 – Internal Compensation Voluntary Survey

The Contractor shall create an anonymous online survey instrument to address job responsibilities, experience, and outside qualifications as required by the Compensation Study. The survey shall be hosted on an existing secure platform (Key Survey) that provides the Secretary’s staff with the ability to monitor the progress of the survey and maintains security of all Senate information and data throughout the survey and report preparation process. See Task 2, Section C.2.2.2.

C.3.5 Deliverable 5 – Preliminary Internal Report

The Contractor shall provide a preliminary internal report presenting the data collected from the internal survey. See Task 2, Section C.2.2.2.

C.3.6 Deliverable 6 – Preliminary External Report

The Contractor shall provide a preliminary external report, using the Senate Position Matrix (See Task 2.

Section C.2.2.3) and any external databases necessary to make appropriate comparisons to executive branch and private sector positions on all required considerations (salary, benefits, job responsibilities, experience, and outside qualifications including education). See Task 2, Section C.2.2.3.

C.3.7 Deliverable 7 – Final Report

The Contractor shall provide a final Compensation Study Report summarizing the Study results to enable the reader to evaluate the extent to which Senate staff receive similar pay for similar work, both internally and externally to the Senate. See Task 2, Section C.2.2.4.

C.4 Deliverable Schedule

C.4.1 Schedule

Deliverable Due Date

C.3.1 Final Project Plan 10 Business Days after Contract Award

C.3.2 Interview Questionnaire Per Project Plan as agreed by Senate

C.3.3 Senate Position Matrix Per Project Plan as agreed by Senate

C.3.4 Internal Compensation Voluntary Survey Per Project Plan as agreed by Senate

C.3.5 Preliminary Internal Report Per Project Plan as agreed by Senate

C.3.6 Preliminary External Report Per Project Plan as agreed by Senate

C.3.7 Final Report No later than January 2020

C.5 Period of Performance

The period of performance shall be from the date of Contract award, through the delivery and acceptance of the final report. The final report, Deliverable 7 (C.3.7), must be presented to the Secretary no later than

January, 2020.

C.6 Secretary Provided Information

The Senate will provide documents as they are identified during the course of the work on the Contract

(e.g. prior attempts at generic Senate job descriptions, documents with actual employee titles in each office).

The Secretary will also provide a description of the U.S. Senate environment in which the Contractor’s solution will be deployed and supported and to provide a context for the evaluation of the data used for position comparison. Secretary staff will also provide a list of all U.S. Senate member offices and, in regard to the Senate committees, a brief summary of committee responsibilities, estimates on the number of staff in committees, and other relevant information.

SECTION D - PACKAGING AND MARKING

D.1 Marking of Reports

All information, including but not limited to, forms, reports, or data, submitted to the Contracting Officer or COR, shall be prepared for shipment in accordance with best commercial practices; and clearly indicate the Contract number for which the information is being submitted. Technical data ordered by the Senate must be packaged, packed, and marked in accordance with the best commercial practices. Costs are the responsibility of the Contractor.

D.2 Packing and Packaging

Preservation, packaging and packing for all items delivered hereunder shall be in accordance with best commercial practices and adequate to ensure acceptance by common carrier and safe arrival at the destination. Packing and packaging materials shall provide protection from abuse during handling and from environmental, magnetic, and electrical damage during handling and subsequent future storage, possibly under less than desirable conditions.

D.3 Shipping and Deliveries

D.3.1 Deliveries will be made to the Senate, F.O.B. Destination, and subject to Senate and U.S. Capitol

Police (USCP) security procedures. The security procedures are subject to change as the situation warrants and may entail the inspection of packages and/or off-site inspection of delivery vehicles.

D.3.2 The term "F.O.B. Destination" means supplies will be delivered to the destination specified by the

Senate at the expense of the Contractor. The Senate will not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery of the supplies to the destination, unless such charges are caused by an act or order of the Senate acting in its contractual capacity.

D.3.3 The Contractor is responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Definitions

E.1.1 "Services," as used in this clause, includes services, workmanship, and documentation furnished or utilized in the performance of services, and records and information from the Contractor relating to contract administration functions.

E.1.2 "Acceptance," as used in this clause, means the act of the Contracting Officer or other authorized representative of the Senate by which the Senate assumes for itself ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the Contract.

E.1.3 "Correction," as used in this clause, means the elimination of a defect by the Contractor.

E.2 Inspection - General Requirements

E.2.1 The Senate shall have the right with reasonable advance notice to send its representative into areas assigned for the Contractor employees' use at any time for inspection or other purposes approved by the

Contracting Officer.

E.2.2 All Senate facilities utilized by the Contractor in performance of work under this Contract shall be subject to inspection by officials of the Senate.

E.2.3 The Senate shall permit access and provide the necessary means to do so for all services provided by the Contractor under this Contract.

E.3 Inspection of Goods/Services

E.3.1 The Senate has the right to inspect and evaluate all goods and services provided or performed under this Contract at all reasonable times and in a manner that will not unduly delay the work.

E.3.2 If any of the goods or services provided or performed are found not to conform with Contract requirements, the Senate may require the Contractor to provide a correction or to re-perform the services again in conformity with Contract requirements, at no increase in Contract amount. The goods and services offered the Senate must, at a minimum, include the technical features and functionality certified by the

Contractor and such portions or elements of the Contractor's proposal as incorporated into the Contract.

E.4 Responsibility for Inspection and Acceptance

E.4.1 The COR is responsible for performing inspection and ensuring adequate records are kept to support acceptance or rejection. Acceptance will be made by the COR; rejections, if necessary, will be made by the Contracting Officer.

E.4.2 Acceptance of the products or services provided will be accomplished by the COR or his or her designees through inspection and quality assurance in accordance with the Contract clauses. The COR or his or her designees will inspect or review the goods/services provided by the Contractor to ensure conformance to the applicable specifications and requirements set forth in this Contract, including those portions of the Contractor's proposal incorporated into the Contract. Acceptance shall be conclusive unless otherwise notified by the Senate within ninety (90) calendar days after satisfactory delivery. Acceptance does not waive the Senate's rights nor is acceptance conclusive with regard to latent defects or those defects made manifest only through extended use.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 Deliverable Item

The Contractor shall complete all work hereunder in accordance with the Contract, including delivery of all goods and services, effective from the date of the Contract and/or notice to proceed. All project plans shall be delivered in Microsoft Project 2013 or 2016. Text items shall be included as notes in Project 2013 or 2016, or delivered in Microsoft Word 2013 or 2016 format. Status reports shall be delivered in Microsoft

Word 2013 or 2016 format. Microsoft Power Point 2013 or 2016 may be used to assist the Contractor in its oral presentations. Higher versions of the programs may also be used. Alternate formats will be considered with prior approval.

F.2 Place of Performance

All work to be completed under this Contract shall be at the Contractor's site(s), with attendance at project meetings, briefings, interviews, and working sessions at the U.S. Senate campus in Washington, DC as required on a periodic basis.

F.3 Technical Review Meetings

F.5.1 Unless otherwise required by the Statement of Work, technical review meetings shall be conducted between the Contractor and the COR to review and discuss the status of all Contract requirements and the

Contractor's progress in implementing the system or providing services under the Contract.

F.5.2 The technical review meeting will take place at Senate facilities as determined by the COR.

Contractor representation must include at least one individual from the Contractor's corporate organization and management personnel, as appropriate.

F.5.3 The Contractor shall also be required to attend meetings as requested by COR with various personnel of the Senate.

F.6 Delay in Performance

F.6.1 In the event the Contractor encounters difficulty in meeting the performance of the Statement of

Work technical requirements, or when it anticipates difficulty in complying with the Contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, the Contractor shall promptly notify the COR by telephone or e-mail, or in the COR's absence, the Contracting Officer. If the

COR determines that the difficulty, anticipated difficulty, or potential difficulty in meeting performance requirements is significant in nature, the COR shall immediately notify the Contracting Officer and require the Contractor to follow up in writing, giving pertinent details, provided, however, that this data shall be informational only in character. This provision shall not be construed as a waiver by the Senate of any delivery schedule or date, or any rights provided under this Contract.

F.6.2 The Contractor shall take whatever actions are necessary to ensure continuous provision of products or services specified in this Contract.

F.6.3 The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as acts of God or the public enemy, and acts of the Government in either its sovereign or contractual capacity.

F.6.4 If in the opinion of the Contracting Officer, the Contractor falls behind the progress schedule for a deliverable, the Contractor shall take such steps as may be necessary to improve progress, and the

Contracting Officer may require overtime operations or increased days of work, all without additional costs to the Senate.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 Contract Administration

Administration of this Contract will be performed by the Contracting Officer or the Contracting Officer's delegates. The Contracting Officer is authorized to render contractual decisions and make contractual modifications, including, but not limited to, changes in the scope of work and monetary additions or deletions, subject to the Senate authority delegated to her. No changes shall be effective without a modification of the Contract. All communications to the Contracting Officer shall be in writing. The

Contracting Officer shall be:

Julie E. Adams Secretary of the Senate

G.2 Contracting Officer's Representative (COR)

G.2.1 The Contracting Officer will designate a COR, for this Contract who will be responsible for providing technical direction and control during performance of this Contract. All communications pertaining to contractual and/or administrative matters under this Contract should be addressed to the COR.

G.2.2 The COR is assigned the responsibility to (1) provide technical direction to the Contractor(s) within the constraints of the Statement of Work, (2) monitor and oversee the daily performance of the

Contractor, (3) realign Contractor resources to fulfill Contract requirements as long as specified contractual limits are not exceeded, (4) resolve day to day matters directly with the Contractor, (5) authorize all invoices for payment, and (6) perform final inspection and acceptance or rejection of all work performed and deliverables including reports and invoices. If an invoice is not acceptable for certification, the Contracting

Officer shall be notified in writing with the detailed reason for rejection.

G.2.3 The Contractor will be guided by the COR. The Contractor will continue to communicate through the COR unless directed to a different designee of the Contracting Officer, or as otherwise indicated in this agreement.

G.2.4 The COR shall be:

Name/Title Phone Email Contact Hours

TBD Before Award

G.3 Identification of Correspondence

All correspondence and data submitted by the Contractor under this Contract shall reference the Contract number.

G.4 Submission of Invoices and Payment Schedule

G.4.1 The Contractor shall submit periodic invoices upon the acceptance of the deliverable(s) by the

COR.

G.4.2 At a minimum, the invoice shall reflect the Contract number, purchase order number, a description of the service, and Period of Performance for services rendered.

G.4.3 Contractor invoices for payment may be submitted electronically in a non-editable electronic file such as PDF, TIFF, JPEG, or other image format or via facsimile.

G.4.4 A copy of each invoice shall be sent to Zoraida Torres, Contracting Officer’s Executive Accounts

Administrator, electronically at Zoraida_Torres@sec.senate.gov or via facsimile to 202-228-1573.

G.4.5 An additional copy of each invoice shall be sent to the COR electronically or via facsimile to 202-

224-8799.

G.4.6 The Contractor is responsible for ensuring that the invoices are submitted in the correct format.

G.4.7 Contractor questions regarding payment information should be directed to the COR for follow-up with appropriate financial personnel.

G.4.8 The Senate shall pay the Contractor within a reasonable time, but not later than sixty (60) days after receipt of proper invoices approved by the Contracting Officer or her designee.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 Order of Precedence

Any inconsistencies in this solicitation or Contract shall be resolved by giving precedence in the following order:

1) The schedule of supplies/services of this Contract and the Statement of Work specified hereunder.

2) The Disputes, Invoice and Payments, and Severability Sections.

3) Addenda to this Contract.

4) Other documents, exhibits, and attachments to the Contract, including but not limited to, the

Contractor's proposal or quote.

H.2 Interpretation of Contract Requirements

No interpretation of any provision of this Contract, including applicable specifications, shall be binding on the Senate unless furnished or agreed to in writing by the Contracting Officer or her designee.

H.3 Key and Other Personnel

H.3.1 The Contracting Officer shall designate certain key personnel for purposes of any work performed under the Contract. Key personnel may not be changed or reassigned during the Contract without the prior written approval of the Contracting Officer or COR, which shall not be unreasonably withheld. Designated key personnel for this project are the project manager, lead programmer, lead product designer, lead system installer, lead technical support and lead trainer.

H.3.2 During the period of performance of the Contract, key personnel substitutions shall not be permitted unless such substitutions are necessitated by an individual's sudden illness, personal hardship, death or termination of employment or requested by the Contracting Officer or COR. In any of these events, the Contractor shall promptly notify the Contracting Officer in writing and the COR either verbally or in writing, and provide the information required in Sections L.1.2 and, if applicable, H.10.2.2.

H.3.3 All proposed substitutions shall have qualifications that are equal to or higher than the qualifications of the person to be replaced. The Contracting Officer or COR will evaluate such request and will notify the Contractor of the Contracting Officer's approval or disapproval thereof on substitutions within three (3) business days.

H.3.4 The Senate reserves the right to approve or disapprove the assignments of all personnel assigned to the performance of this Contract.

H.4 Subcontractors

The Contractor shall not use a Subcontractor not proposed or approved at the time of Contract award without the written approval from the Contracting Officer. The Contractor shall provide the COR three (3) past performance references of work performed within the past five (5) years by the Subcontractor, provide the negotiated rates with the Subcontractor, and provide a copy of the Agreement and/or the Letter of Intent to the COR when requesting approval for the use of a Subcontractor. The Contractor shall not authorize the

Subcontractor to commence work without written approval of the Contracting Officer. The Contractor shall incorporate, and require its Subcontractors at all tiers to incorporate, all applicable clauses provided herein in Subcontractor(s) agreement(s).

H.5 Information Security System and Virus Free

The Contractor is subject to the Senate system security regulations and guidelines and shall certify to the best of its knowledge and belief that all communication services or software provided, if any, are virus free.

The signed Contract and applicable signed invoices submitted for services provided shall constitute the

Contractor's certification.

H.6 Delegation of Authority

The Contractor may delegate to its representatives authority in the performance of this Contract. Such delegation does not absolve the Contractor of accountability for performance of the Contract. All delegations of authority to fulfill the obligations of this Contract will be made in writing to the Contracting

Officer and are subject to the approval of the Contracting Officer.

H.7 Modifications and Additions/Adjustments

Administrative changes, e.g., address corrections, are approved by the Contracting Officer, and all other changes, modifications, additions or deletions, which change the scope of this Contract, must be prepared in writing as formal modifications signed by both parties. Modifications may be subject to approval by the

Senate Committee on Rules and Administration (Rules Committee) pursuant to the Senate Procurement

Regulations.

H.8 Severability

If any portion of this Contract is determined to be either contrary to law or otherwise unenforceable, then that provision will be deemed to be omitted from the Contract, but only to the extent necessary to relieve the deficiency. All other provisions of the Contract, including such portions of the omitted clause as are not determined to be contrary to law or unenforceable, will remain in full force and effect.

H.9 Reserved

H.10 Security

H.10.1 The Contractor shall comply with all Senate and USCP security publications, regulations and procedures.

H.10.2 Personnel Security

H.10.2.1 Contractor personnel are required to be citizens of the United States of America (U.S.) or meet the eligibility requirements for Government of the United States employee compensation as specified in

Public Law 111-117, Section 704.

H.10.2.2 The USCP, on behalf of the Senate, may conduct background checks for all Contractor personnel that require unescorted access to Senate buildings or access to the Senate network and/or systems and may repeat such background checks on a periodic basis as required by the Contracting Officer. The

Contractor shall provide all of the following information to the COR for each of the Contractor personnel that require background checks:

a) proof of citizenship,

b) proof of eligibility to work in the U.S.,

c) a completed Office of the Secretary Vendor Employee Background and Certification and

Authorization to Release Information Form,

d) a completed original USCP Request for Check of Criminal History Records,

e) an executed United States Operations Information Security Responsibilities Acknowledgment, and

f) an executed Senate Confidentiality Agreement.

This information shall be provided to the COR or the COR’s designee at least two (2) weeks prior to assigning personnel to work under this Contract. Upon notification, Contractor personnel shall promptly report to the USCP headquarters building, unless another location is designated by the COR, for fingerprinting.

H.10.2.3 Contractor personnel that require background checks shall not commence work in Senate buildings until such time as the Contractor is notified, in writing, by the Contracting Officer or her designee that an individual's background check has been completed and approved or that a temporary waiver has been granted until such time as the background check is completed. Such notification shall be made no later than ten (10) business days following the submission of all of the documentation specified in H.10.2.2 above.

H.10.2.4 The Contractor shall immediately inform the COR when there is a change in the citizenship or eligibility to work in the U.S. status of any Contractor personnel performing under this Contract. The

Contractor shall immediately remove any Contractor personnel when information is obtained that makes the Contractor believe that person has ceased to be a responsible individual and should no longer work under this Contract. The Contracting Officer may require the removal of any Contractor personnel who fail either an initial or subsequent background check.

H.11 Identification Badges

The Contractor shall see that each on-site employee as well as key personnel has a Senate identification/access badge if necessary. Senate procedures shall be followed with regard to Contract employees. The Contractor shall work with the COR in obtaining identification/access badges if the Senate determines that an employee requires a badge.

H.12 Intellectual Property Rights

The Contractor grants to the Senate a non-exclusive, perpetual, non-transferable royalty-free license to use the ideas, know-how, or techniques, which may be used or provided by the Contractor as a result of performing the Statement of Work on any task order issued hereunder, including any enhancements made to the Contractor's software source code or to the documentation. Intellectual property rights shall convey to the Senate upon full payment for all products and data delivered under this Contract.

The Contractor shall retain no rights in the reports, documentation, or supplementary materials created in relation to this Contract (project records). Any use or disclosure by the Contractor of project records that is not explicitly authorized by the COR shall constitute a material breach of this Contract. Upon delivery and acceptance of project records, the Contractor grants, transfers, and assigns to the Senate exclusive, irrevocable title to the project records (including, but not limited to, copyrights) and agrees that it will not use, disclose, or reproduce project records for any purposes, including, but not limited to marketing materials, proposals, publications in exhibit catalogues, books, brochures, exhibition publicity in all media

(including print, television, and internet), without the prior express consent of the Contracting Officer. The

Contractor agrees to execute any documents to further effectuate this agreement, if deemed necessary by the Senate to complete such assignment and transfer.

H.13 Restricted Rights Software

Contractor's commercial software and commercial computer software documentation are provided to the

Senate in accordance with the terms of the Contractor's written software license that is provided with the

Contractor's or third party equipment purchased by Contractor for the Senate under this Contract. The

Contractor represents and warrants that commercial software or computer documentation was developed at private expense and contain confidential information or trade secrets of the Contractor or its suppliers and licensors.

H.14 Technology Upgrades

During the life of this Contract, the Senate may, at its option, permit the Contractor to substitute as orderable items, technologically advanced goods and services which become commercially available after the date of

Contract award, provided that any substitute items are at least technically equal to the items replaced.

Recommended technology upgrades must be proposed by the Contractor in written proposal form and acceptance by the Senate in writing of the Contractor's recommendations will be evidenced by issuance of a Contract modification authorizing such technology upgrade.

H.15 Reserved

H.16 Liability

H.16.1 Workers' Compensation and Employer's Liability

The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

H.16.2 General Liability

a) The Contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

b) Property damage liability insurance shall be required only in special circumstances as determined by the Contracting Officer.

H.17 Reserved

SECTION I - CONTRACT CLAUSES

I.1 Changes

I.1.1 The Contracting Officer may at any time, by written order, make changes, within the general scope of this Contract, in the manner and method of delivery of services, provided however those changes are within the Contractor's capability and in accordance with Senate Procurement Regulations. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under Contract an equitable adjustment shall be made in the Contract price or delivery schedule, or both, and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within thirty (30) calendar days from the date of receipt by the Contractor of the notification of change; provided, however, that the Contracting Officer, if she decides that the facts justify such action, may receive and act upon any such claim assorted at any time prior to final payment under this Contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property.

I.1.2 Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Disputes.” However, nothing in this clause shall excuse the

Contractor from proceeding with the Contract until changed.

I.2 Assignment of Claim

I.2.1 Pursuant to the provisions of the Assignment of Claims Act of 1940, as amended (31 U.S.C. 3727, 41 U.S.C. 6305), if this Contract provides for payments aggregating $1,000 or more, claims for moneys due to or to become due the Contractor from the Senate under this Contract may be assigned to a bank, trust company, or other financing institution, including any Federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any such assignment or reassignment shall cover all amounts payable under this Contract and not already paid, and shall not be made to more than one party, except that any such assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in such financing. Unless otherwise provided in this Contract, payments to an assignee of any moneys due or to become due under this Contract shall not, to the extent provided in said

Act, as amended, be subject to reduction or setoff.

I.2.2 In no event shall copies of this Contract or any plans, specifications, or other similar documents relating to work under this Contract, if marked Top Secret, Secret, or Confidential, be furnished to any assignee of any claim arising under this Contract or to any person not entitled to receive the same. However, a copy of any part or all of this Contract so marked may be furnished, or any information contained herein may be disclosed to such assignees upon the prior written authorization of the Contracting Officer.

I.3 Disputes

Except as otherwise provided in this Contract, all disputes arising under this Contract which are not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce her decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Contracting

Officer will be final and conclusive unless, within thirty (30) calendar days from the date of receipt of such copy, the Contractor mails or otherwise furnishes to the Contracting Officer, a written appeal addressed to the Chairman of the Rules Committee. The notice of appeal, which must be signed by the Contractor or by an attorney acting on the Contractor's behalf, and which may be in letter form, shall indicate that an appeal is intended and shall refer to the Contracting Officer Decision and identify the Contract by number. The notice of appeal should include a statement of the reasons why the determination decision is considered erroneous. The Chairman of the Rules Committee, acting on behalf of the Committee, may ask the

Comptroller General for a recommendation on the appeal. The decision of the Chairman or his duly authorized representative for the determination of such appeals shall be final and conclusive. Pending final decision of a dispute, the Contractor shall proceed diligently with the performance of the Contract and in accordance with the Contracting Officer's directions.

I.4 Payment of Interest of Contractor's Claim

The Senate will pay interest on the Contractor's claim when such claim is ultimately decided in favor of the

Contractor pursuant to the Disputes clause of this Contract.

I.4.1 If an appeal is filed by the Contractor from the final determination of the Contracting Officer under the Disputes clause of this Contract, denying a claim arising under the Contract, simple interest on the amount of the claim finally determined owed by the Senate shall be payable to the Contractor. Such interest shall be at the rate determined by the Secretary of the Treasury pursuant to Public Law 92 41, 85 Stat. 97, from the date the Contractor furnishes to the Contracting Officer her written appeal under the Disputes clause of this Contract, to the date of (a) a final judgment by a court of competent jurisdiction, or (b) mailing to the Contractor of a supplemental agreement for execution either confirming completed negotiations between the parties or carrying out a decision of the Chairman of the Rules Committee.

I.4.2 Notwithstanding paragraph I.4.1, above, (a) interest shall be applied only from the date payment was due, if such date is later than the filing of appeal, and (b) interest shall not be paid for any period of time that the Contractor has unduly delayed in pursuing its remedies.

I.5 Benefits to Members of Congress

No member of, or delegate to Congress shall be admitted to any share or part of the proceeds of this

Contract, or to any direct benefit that may arise thereupon. If this Contract is entered into with a corporation for its general benefit, then members of, or delegates to Congress, as shareholders, may benefit from any indirect benefit that accrues from this Contract in the manner that any shareholder would benefit.

I.6 Conflict of Interest

The Contractor certifies and warrants that the Contractor has no conflict of interest, direct or indirect, financial or otherwise, which would be applicable to the performance of the obligations covered by this

Contract. If an allegation of a conflict of interest is brought to the attention of the Senate, the Contractor agrees to fully cooperate with any investigation of the…