SECTION A – SOLICITATION/CONTRACT FORM

SOLICITATION, OFFER AND AWARD

1. CONTRACT NO. SOLICITATION NO.

2026-R-041

2. TYPE OF SOLICITATION

Brand Name

3. EFFECTIVE DATE

See Block 22

4. REQUISITION/

PURCHASE NO.

N/A

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

Office of the Sergeant at Arms United States Senate Senate Office Building Washington, DC 20510-7207

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: Nicole Barnes Sr. Procurement & Contracting Specialist

B. TELEPHONE NO: 202-224-9321 NO COLLECT

CALLS) or EMAIL: acquisitions@saa.senate.gov

8. TABLE OF CONTENTS

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

PART I – THE SCHEDULE

A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 18-28

B SUPPLIES OR SERVICES AND PRICE/COSTS 2-3

C STATEMENT OF WORK 3-5 J LIST OF ATTACHMENTS 28

D PACKAGING AND MARKING 5-7 K REPRESENTATIONS AND CERTIFICATIONS 29-33

E INSPECTION AND ACCEPTANCE 7-8 L INSTRUCTIONS, CONDITIONS AND NOTICES TO

OFFERORS

34-38

F DELIVERIES OR PERFORMANCE 8

G CONTRACT ADMINISTRATION DATA 8-12 M EVALUATION FACTORS FOR AWARD 38-42

H SPECIAL CONTRACT REQUIREMENTS 12-18 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. ACKNOWLEDEMENT 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

AND ADDRESS OF

OFFEROR

OFFER (Type or Print)

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

16. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 19 (4

copies unless otherwise specified)

ITEM

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

Office of the Sergeant at Arms United States Senate Financial Department Washington, DC 20510-7205

20. NAME OF CONTRACTING OFFICER

David W. Baker

21.UNITED STATES SENATE (signature of Contracting Officer) 22. DATE SIGNED

IMPORTANT — Award will be made on this Form, or other authorized official written notice mailto:acquisitions@saa.senate.gov

SECTION B – SCOPE

B.1 Introduction

The United States Senate, Office of the Sergeant at Arms (“SAA”) requires maintenance, repair and support services for an encrypted Motorola P25 radio system (herein-after referred to as the “Radio System”), at multiple sites within the National Capitol Region (“NCR””), with multiple radio frequencies.

B.2 Description of Services

The Contractor shall provide comprehensive on-site maintenance, repair, and support services, to include troubleshooting, fault isolation, and diagnostics of failed or malfunctioning equipment necessary for the radio system to be operational. Support services shall include configuration, installation, and integration of replacement equipment as needed.

B.3 Contract Price

The schedule at B.6 shall provide the Firm Fixed Price for the services offered herein under this Contract. All pricing shall be fully burdened with all administrative costs, inclusive of local travel, local transportation, and other direct costs (“ODCs”), unless specifically identified and agreed upon by the Senate.

No travel outside of a fifty (50) mile radius of Washington, DC (Metropolitan Washington Area) is anticipated under this Contract. In the event that travel outside of the Metropolitan Washington Area is required under this Contract, the Contractor shall provide a firm-fixed-price for the required long-distance travel and the Senate shall approve the travel by the issuance of a written modification prior to the Contractor incurring any travel costs.

B.4 Term

This is a firm fixed price contract for commercially available products or services specified for a one-year Base Period, and four (4) one-year option periods. Exercise of any option(s) will be in accordance with Section H.9.

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

The schedule at B.6.1 shall provide the Firm-Fixed-Prices (FFP) for the services offered herein under this Contract.

B.6.1 Pricing Schedule:

CLIN Description of Services Firm-Fixed-Price

Maintenance, Repair, and Support Services, in accordance with Attachment J-1.

001 Base Period:

a) Schedule A: September 1, 2026, through August 31, 2027

b) Schedule B: September 7, 2026, through August 31, 2027

c) Schedule C: November 18, 2026, through August 31, 2027

d) Schedule D: December 23, 2026, through August 31, 2027

101 Option Year 1 - Schedule E - September 1, 2027 – August 31, 2028 $

Option Year 2: Schedule E - September 1, 2028 – August 31, 2029 $

Option Year 3: Schedule E - September 1, 2029 – August 31, 2030 $

Option Year 4: Schedule E - September 1, 2030 – August 31, 2031 $

TOTAL $

SECTION C - STATEMENT OF WORK

C.1 Support Requirements

The following requirements list the expectations for the maintenance, repair and support services for the Radio System under this Contract.

C.2 Background

The SAA requires on-site maintenance, repair, and support services for a non-trunked radio network spanning multiple sites, channels, frequencies, and capabilities. The SAA has networked radio equipment located at several different locations around the NCR.

The Radio System equipment provided in “Attachment J-01 Radio Equipment Schedule”, contains centrally managed components, to include a Motorola system with Radio Management (“RM”), Key Management Facility (“KMF”), and associated servers, which support both existing and future deployment locations.

C.3 Requirements

The Contractor shall, at a minimum:

C.3.1 Maintain a local office physically located within fifty (50) miles of the NCR, with full-time staff to provide maintenance support.

C.3.1.1 Maintain proficiency or certification in the installation and use of Motorola equipment.

Certification credentials to be provided upon request.

C.3.1.2 Provide annual maintenance and technical support and integrated software and hardware.

C.3.2 The Contractor shall provide maintenance, repair, and technical support services, for the Radio System software and hardware in Attachment J-01 Radio Equipment Schedule. The Contractor will have the option (before the beginning of the initial period only) to inspect all equipment to verify that it is in good and working condition.

1. Technical support and maintenance services shall include but are not limited to:

a. On-site Troubleshooting and Diagnostics: The Contractor shall perform fault isolation, diagnostics, and root-cause analysis to identify and resolve Radio System issues affecting infrastructure, RF components, and associated subsystems, including the RM, KMF, and other computer systems in the K-Core system.

b. Corrective Maintenance and Repair: The Contractor shall perform corrective maintenance activities to restore the Radio System to full operational capability in accordance with manufacturer specifications and approved system configurations.

This includes the repair or replacement of failed components. The Contractor will perform patching and maintenance of systems in the K-Core system on-site as required to keep the system up-to-date and secure.

c. Preventive Maintenance Support: The Contractor shall provide annual preventive maintenance, including inspections, operational verification, and identification of potential degradation or failure conditions, to ensure system reliability and performance.

d. Configuration Management and System Integrity: The Contractor shall verify system configurations, maintain configuration integrity, and restore approved baselines as necessary following maintenance or repair actions, ensuring compliance with encryption and operational requirements.

e. Coordination and Documentation: The Contractor shall coordinate onsite activities with designated customer personnel and provide documentation detailing work performed, findings, recommendations, corrective actions taken, and system status upon completion.

f. Standards and Compliance: All services shall be performed in accordance with applicable technical specifications, regulatory requirements, and industry best practices for Motorola Project 25 (“P25”) radio systems.

2. Support Tiers

a. Tier 1 - Telephone Technical Support, Monday-Friday from 8:00 AM - 5:00 PM. Tier 1 Support shall include:

i. provide technical and troubleshooting capabilities by Contractor technician during business hours, 8:00 AM to 5:00 PM, Monday to Friday;

ii. response time to phone call 4 hours after escalation;

iii. all service calls identified by the Senate as recurring problems will automatically be escalated to tier 2 support by the Contractor and assigned a severity level 3 or 2;

iv. all service calls identified by the Senate as impacting multiple environments will be immediately escalated by the Contractor to tier 3 support and assigned a severity level of 1;

v. all service calls may be escalated to tier 2 or tier 3 support and assigned any severity level by designated legislative branch employees;

b. Tier 2 – On-site or Remote Escalated Technical Support (Routine). Tier 2 Support shall include:

i. provided by Contractor certified technicians;

ii. provided on-site at the Senate, by Contractor technician during business hours, 8:00 AM to 5:00 PM, Monday to Friday;

iii. On-site response time of 4 hours after escalation;

iv. May be completed remotely if physical access to servers not required;

c. Tier 3 – On-site or Remote Escalated Technical Support (Immediate). Tier 3 Support shall include:

i. Two (2) hour onsite response time by a technician, during emergency situations, such as natural disasters.

ii. repeated system issues that have been the subject of more than three (3) service calls in seven (7) days;

iii. May be completed remotely if physical access to equipment are not required.

Requirement for on-site response in a Tier 3 situation will be decided by the Senate representative placing the service call.

3. Severity Levels

a. Severity Level 1 – Emergency: Affects the entire ystem, or affects both primary and back-up system;

b. Severity Level 2 – Critical: Affects more than one component transmission method, system, or process; recurring severity level 3 problems;

c. Severity Level 3 – Important: Affects one component but other transmission methods are still viable; recurring support issues from prior tickets; All other items that do not fit into Security Level 4;

d. Severity Level 4 – Routine: Preventive and corrective maintenance measures, assuring that all manufacturer maintenance schedules are met; routine customer troubleshooting not affecting ability to effectively communicate.

C.4 Key Personnel

The Contractor shall, at a minimum, provide a Customer Support Manager as key personnel to oversee efforts on this project.

SECTION D - EVALUATION, INSPECTION AND ACCEPTANCE

D.1 Definitions

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

D.1.2 The term "Acceptance," as used in this Section, means the act of Contracting Officer or other authorized representative of the SAA by which the SAA assumes for itself, or approves specific services, as partial or complete performance of the Contract.

D.1.3 The term "Correction," as used in this Section, means the elimination of a defect by the

Contractor.

D.2 Responsibility for Evaluation and Acceptance

CORs are responsible for performing evaluation and ensuring adequate records are kept supporting acceptance or rejection. Acceptance will be made by the applicable COR; rejections, if necessary, will be made by the SAA Contracting Officer. Acceptance of the services provided will be accomplished by the applicable COR through evaluation.

D.3 Inspection - General Requirements

D.3.1 The SAA shall have the right with reasonable 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.

D.3.2 All SAA facilities utilized by the Contractor in performance of work under this Contract shall be subject to inspection by the SAA or its delegates.

D.3.3 The SAA shall permit access and provide the necessary means to do so for all services provided by the Contractor under this Contract.

D.4 Inspection of Goods/Services

D.4.1 The SAA 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.

D.4.2 If any of the goods or services provided or performed are found not to conform with Contract requirements, the SAA may require 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 SAA 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.

D.5 Responsibility for Inspection and Acceptance

Acceptance of the products or services provided will be accomplished by the cognizant COR or his or her designees through inspection and quality assurance in accordance with the Contract.

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.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Definitions

E.1.1 The term "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 The term "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 The term "Correction," as used in this clause, means the elimination of a defect by the Contractor.

E.2 Inspection - General Requirements

E.2.1 The SAA and Senate office 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 and any applicable Calls shall be subject to inspection by officials of the Senate.

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

E.3 Inspection of Goods/Services

E.3.1 The SAA or Senate office 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 SAA or Senate office 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 or Call 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 or Call.

E.4 Responsibility for Inspection and Acceptance

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

E.4.2 Acceptance of the products or services provided will be accomplished by the COR. The COR will inspect or review that the goods/services provided by the Contractor to ensure the conformance to the applicable specifications set forth in a Call or this Contract, if any, including those portions of the Contractor's proposal incorporated into the Contract or Call and any applicable Call SOW. Acceptance shall be conclusive unless otherwise notified by the SAA within fifteen (15) calendar days after satisfactory delivery or completion of acceptance testing.

Acceptance does not waive the Senate's rights nor is acceptance conclusive with regard to latent product defects or those defects made manifest only through the extended use of the product.

SECTION F - PERFORMANCE

F.1 Deliverables

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 or notice to proceed issued by the Contracting Officer. All written deliverables shall be delivered in Microsoft Word format.

F.2 Place of Performance

All work to be completed under this Contract shall be on-site at the Senate facilities, at the Contractor's site(s), or via remote communications, unless written authorization is obtained in advance from the SAA Contracting Officers Representative (COR).

F.3 Delay in Performance

F.3.1 In the event the Contractor encounters difficulty in meeting the performance 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 responsible COR by telephone or e-mail, or in the COR's absence, the SAA Contracting Officer. If the applicable COR determines that the difficulty, anticipated difficulty, or potential difficulty in meeting performance requirements is significant in nature, the applicable COR shall immediately notify the SAA 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 SAA of any delivery schedule or date, or any rights provided under this Contract.

F.3.2 The Contractor shall take whatever actions are necessary to ensure continuous provision of products or services specified in this Contract.

F.3.3 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.3.4 If in the opinion of the SAA Contracting Officer, the Contractor falls behind in performance of duties under this Contract, the Contractor shall take such steps as may be necessary to improve progress, and the Contracting Officer may require increased days of work.

SECTION G – CONTRACT ADMINSTRATION DATA

G.1 Contract Administration

Administration of this Contract will be performed by the SAA Contracting Officer (CO) or the CO's delegates. The Contracting Officer is authorized to make contractual modifications and render contractual decisions, including but not limited to, changes in the scope of work and monetary additions or deletions, subject to the United States Senate authority delegated to them. No changes shall be effective without a modification of the Contract. All communications pertaining to contractual and/or administrative matters under this Contract should be addressed to:

David W. Baker United States Senate

Contracting Officer U.S. Capitol Building, S-151

Office of the Sergeant at Arms Washington, DC 20510-7207

Email: acquisitions@saa.senate.gov Telephone Number: (202) 224-2547

G.2 Contracting Officer's Representative (COR)

G.2.1 The Contracting Officer will designate Contracting Officer's Representatives (“CORs”) under this Contract who will be responsible for providing direction and control during performance of the Contract. The CORs are responsible for performing evaluations and ensuring that adequate records support acceptance or rejection. Acceptance will be made by the CORs.

G.2.2 Designated by the Contracting Officer, the CORs are assigned the responsibility to (1) provide technical direction to the Contractor(s) within the constraints of the SOW, (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) authorize all invoices for payment, and (5) perform final inspection and acceptance of all deliverables including reports and invoices. If the invoice is not acceptable for certification, the Contracting Officer shall be notified in writing with the detailed reason for rejection.

Additionally, the CORs will inspect, accept or reject all work performed and resolve day to day matters directly with the Contractor.

G.2.3 The CORs are identified in the table below:

Name/Title Phone Email mailto:acquisitions@saa.senate.gov

G.3 Payment and Invoicing

G.3.1 The Contractor shall email invoice(s) in PDF format to AP@saa.senate.gov after acceptance of deliverables by the Contracting Officer or the Officer’s designee. Do not email invoices to the Contracting Officer, the Contracting Officer’s Representative, the Buyer, or include the invoices with physical deliveries. Contractor questions regarding payment status should be directed to the email address above.

G.3.2 The SAA shall make payment to the Contractor after receipt and acceptance of invoices and approval by the Contracting Officer or the Officer’s designee. The SAA is not bound to the payment due dates on the vendor’s invoice and will pay within a reasonable time. The SAA does not pay state and local sales taxes, late payment fees, interest, penalties, or equivalent charges.

All Contractor Specific Terms requiring the U.S. Senate to pay any future fees, charges, or penalties are hereby rejected. The SAA is not subject to the Prompt Payment Act, 31 U.S.C. § 3901 et. seq.

G.3.3 The invoice shall contain at a minimum: the company letterhead with name, address, telephone number, remittance address, Accounts Receivable department email address, invoice number, billing date, account number, amount due, purchase order number and line number; a description of the product and / or service including quantity and unit cost with reference to the purchase order line number; and period of performance for services rendered. The invoice line numbers and descriptions must match the purchase order. Invoices must be submitted monthly or as specified in the purchase order or contract.

G.3.4 For Labor-Hour and Time and Material contracts and task orders, the Contractor shall provide, at a minimum, an invoice that reflects a breakdown by task, hourly rate, hours worked and billed, and other direct costs. The invoice shall match individual reports submitted to the SAA every two weeks for use by the Contracting Officer’s Representative in reconciling and verifying invoices for payment.

G.3.5 Electronic invoices for payment must be submitted as a non-editable, searchable Portable Document Format (“PDF”) file. The Contractor shall ensure invoices are submitted in the correct format, are legible, and contain the required information. Invoices are subject to acceptance and will be rejected and returned to the Contractor for correction if in error or incomplete. Invoices shall be emailed to AP@saa.senate.gov. The subject line of the email must contain the vendor name, purchase order number, and invoice number.

G.3.6 Payments are made by direct deposit. Contractor shall contact the Senate Disbursing Office (Vendor_Requests@Disbursing.Senate.gov) to enroll in the direct deposit payment service. Contractor shall provide the Disbursing Office with a current IRS Form W-9 and signed direct deposit authorization form with banking information. If Contractor does not support direct deposit, Contractor shall allow an additional two-to-four weeks for check payments mailed through the United States Postal Service (“USPS”).

G.4 Electronic Funds Transfer (EFT) Payment

G.4.1 The U.S. Senate Disbursing Office (“Disbursing Office”) on behalf of the SAA may elect to send the Contractor a Payee/Company Information Form to be completed and signed by the appropriate company official. The Contractor shall designate a single financial agent capable of receiving and processing the electronic funds transfers. The Contractor shall pay all fees and charges for receipt and processing of transfers.

G.4.2 If an uncompleted or erroneous transfer occurs because the Disbursing Office failed to use the Contractor provided EFT information in the correct manner, the U.S. Senate shall remain responsible for:

a. Making a correct payment, and

b. Assisting Contractor in the recovery of any erroneously directed funds.

G.4.3 If an uncompleted or erroneous transfer occurs because the Contractor provided EFT information was incomplete at the time of Disbursing Office releases the EFT payment transaction instruction to the Federal Reserve System, and

a. If the funds are no longer under the control of the payment office, the SAA is deemed to have made payment, and the Contractor is solely responsible for recovery of any erroneously directed funds; or

b. If the funds remain under the control of the payment office, the SAA shall have the right to either make payment by written check via mail or suspend the payment.

G.4.4 The Contractor or the Contractor's agent (i.e., bank) may notify the Contracting Officer in writing of a change to the routing transit number, Contractor account number, or account type.

The Contractor agrees that the information provided by the agent to the SAA Contracting Officer is deemed to be correct information as if it were provided by the Contractor.

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:

a. The schedule of supplies/services of this Contract and the SOW;

b. The Assignment, Disputes, Payments, and Invoice paragraphs;

c. 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 SAA unless furnished or agreed to in writing by the Contracting Officer or his/her designated representative.

H.3 Key and Other Personnel

H.3.1 The Contracting Officer may designate key personnel under the Contract. Key personnel may not be changed or reassigned during the first ninety (90) days of performance on this Contract without the prior written approval of the SAA Contracting Officer, which shall not be unreasonably withheld.

H.3.2 During the period of performance of this 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 and provide the information required in paragraph H.3.3.

H.3.3 All proposed substitutions must have qualifications that are equal to or higher than the qualifications of the person to be replaced. The Contracting Officer or designee will evaluate such request and will notify Contractor of the SAA's approval or disapproval thereof on substitutions within twenty (20) business days.

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

H.4 Security

H.4.1 Cybersecurity Standard Operating Procedures

H.4.1.1 The Contractor shall comply with the latest version of U.S. Sergeant at Arms Standard Operating Procedures (SOPS) for Cybersecurity (see Attachment J-02).

H.4.2 Network Data and Information Security

H.4.2.1 Contractor shall use all appropriate care, in accordance with U.S. Sergeant at Arms Standard Operating Procedures (SOPS) for Cybersecurity (see Attachment J-02) for maintaining the integrity of the Senate network when Contractor personnel have network access either local or remote. Senate information is confidential material and must be protected, in accordance with Cybersecurity Responsibilities Acknowledgement from loss disclosure and electronic penetration.

H.4.3 Personnel Security

This clause is only applicable to contracts with personnel who meet the following criteria:

a. have been or will be issued a Senate ID badge ordered by the SAA to allow for unescorted access to Senate buildings.

b. will conduct work that requires access to the Senate network; or

c. have been or will be issued a SAA device, including laptop, tablets, or mobile phones.

H.4.3.1 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.4.3.2 The United States Capitol Police (USCP), on behalf of the Senate, shall conduct background checks for all Contractor personnel that require unescorted access to Senate buildings or access to the Senate network and/or systems. Individual Contractor personnel shall provide (on forms to be provided by the Senate) all of the following information to the Contracting Officer or his/her designee for each of the Contractor personnel that require background checks:

a. U.S. Senate Contractor Background Information Questionnaire

b. Non-Disclosure Certification Form

c. Software and Security Certification Form

d. U.S. Sergeant at Arms Standard Operating Procedures (SOPS) for Cybersecurity (latest version) Cybersecurity Responsibilities Acknowledgement

The individual Contractor personnel shall also provide all of the following information to the USCP or his/her designee, as required:

a. USCP Form CP-491 Request for Check for Criminal History Records

b. Certification of eligibility to work in the United States

c. FD-258 Fingerprinting Card (if applicant is outside of Washington Metropolitan area)

This information shall be provided to the Contracting Officer or his/her designee at least two weeks prior to assigning personnel to work under this Contract. Upon notification, Contractor personnel located within the Washington Metropolitan area shall promptly report to the USCP Fairchild Building for fingerprinting. Contractor personnel located outside of the Washington Metropolitan area shall proceed to their local law enforcement agency for fingerprinting.

H.4.3.3 Contractor personnel that require background checks shall not commence work on this Contract until such time as the Contractor is notified, in writing, by the Contracting Officer or their 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 by the SAA as expeditiously as practicable following the submission of all the documentation specified in H.4.3.2 above. Contractor personnel that do not require unescorted access to Senate buildings or access to the Senate network and/or systems may perform work upon the Contract commencement date.

H.4.3.4 The Contractor shall immediately inform the SAA when there is a change in the eligibility status to work in the U.S. 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.

H.4.3.5 The Contractor is responsible for duly informing their contractor personnel of the reporting requirement as specified in H.4.3.5.1 below.

H.4.3.5.1 Contractor personnel who were notified that their background check was completed or approved must inform SAA Human Resources if they were arrested by law enforcement, convicted of violating a criminal statute (including pleas of guilty and nolo contendere) or issued an arrest warrant during the duration of their contract or agreement within two (2) business days of the arrest or conviction. Under no circumstances may an individual be authorized to use or attempt to use the fact of their connection with the Senate as a means of escaping criminal arrest, prosecution, or liability (including for traffic violations). Contractor personnel must disclose this information to SAA Human Resources directly via email at SAAbackgrounds@saa.senate.gov.

H.4.3.6 Contractor personnel must complete background checks prior to their initial contract or agreement term and prior to each time their contract or agreement renews (excluding when an option period is exercised), regardless of the awardee.

H.4.3.7 Contractor personnel must complete a background check if their employer assigns them to a different Senate contract.

H.4.3.8 Contractor personnel must complete a background check if they previously left the contract and then return to the same active contract.

H.4.3.9 At a minimum, contractor personnel must complete a background check every six (6) years.

H.4.3.10 The Contractor shall incorporate the terms of this Section in any agreement with subcontractors, third-party partners, and suppliers furnishing supplies or services under this Contract.

H.5 Delegation of Authority

The Contractor may delegate to its representative’s 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 SAA Contracting Officer.

H.6 Modifications and Additions/Adjustments

Administrative changes, e.g., address corrections, are approved by the SAA 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 Committee on Rules and Administration, pursuant to the Senate Procurement Regulations.

H.7 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.8 Technology Upgrades

During the life of this Contract, the SAA 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 SAA in writing of the Contractor's recommendations will be evidenced by issuance of a contract modification authorizing such technology upgrade.

H.9 Exercise of Options

After the base term, this Contract is renewable in one-year increments, at the discretion of the Senate, for up to four (4) additional periods, at prices specified in Section B.6.1. The SAA may extend the term of this Contract by written notice to the Contractor during the period of performance of this Contract; provided that the SAA gives the Contractor a preliminary written notice of its intent to extend at any time before the order expires. The preliminary notice does not commit the SAA to an extension.

H.10 Incorporation of Offeror's Proposal

The Contractor's proposal dated ________ is hereby incorporated into and made a part of this Contract.

H.11 Intellectual Property Rights

The SAA shall have unlimited, royalty free, rights in all data and products produced in the performance of this Contract, and in all products and data delivered under this Contract (except for restricted computer software) including software, technical data, manuals or instructional and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for use. "Software," as used in this provision, means computer programs, computer data bases, and documentation thereof. The term also includes data identifying its source, functional characteristics, and performance characteristics, and specifically includes the source code, algorithm, processes, formulae, and flow charts of the software. The Contractor agrees that all intellectual and data rights in the software shall become the exclusive property of the Senate. The Contractor agrees to transfer all rights, title, and interest in the software to the Senate. With respect to manuals concerning pre-existing Contractor products, the SAA shall have an unlimited license to use copies of these manuals.

If the Contractor creates for the SAA any software ("Developed Software") as specified in the Contract or any task order issued hereunder, all the Contractor's services shall be considered work for hire and the SAA shall have all rights of ownership in the Developed Software. The SAA shall have a non-exclusive right to use any software received from the Contractor to the extent embedded in the Developed Software. The Contractor shall have no rights in Developed Software except as mutually agreed to in advance in writing by the parties.

The Contractor grants to the SAA 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 SAA upon full payment for all products and data delivered under this Contract.

H.12 Restricted Rights Software

Contractor's commercial software and commercial computer software documentation are provided to the SAA 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 SAA 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.13 Liability

H.13.1 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.13.2 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 Senate's Contracting Officer.

c. Automobile liability. The Contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

d. Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the Contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

SECTION I - CONTRACT CLAUSES

The term “Contractor Specific Terms” refers to documentation provided by the Contractor in relation to End User License Agreements, Terms of Service, Maintenance Agreements, or another similar legal instrument or agreement.

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 the changes are within the Contractor's capability and in accordance with U.S. 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 he or 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 All clauses regarding the Contractor’s right to assignment are subject to the Anti- Assignment statutes (31 U.S.C. § 3727, 41 U.S.C. § 6305). All clauses governing the Contractor’s assignment in the Contractor Specific Terms are hereby rejected.

I.3 Disputes

Clauses in the Contractor Specific Terms referencing disputes, including choice or law and venue, are rejected and not applicable to this Contract. All disputes arising under this Contract, which are not disposed of by agreement, shall be decided pursuant to the U.S. Senate Procurement Regulations and applicable Federal law. Contractor Specific Terms that allow the Contractor to choose arbitration, mediation, or other forms of alternate dispute resolution are hereby rejected.

I.4 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.5 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 United States Senate, the Contractor agrees to fully cooperate with any investigation of the allegation(s), and will disclose to the United States Senate any other contract(s) to which the Contractor is party, public or private, or which the Contractor undertakes during the period of this Contract (including contracts entered into during the period of this Contract which includes duties to be fulfilled after the termination of the Contract). No member of or delegate to the United States Congress shall be admitted to any share or part of this Contract or to any benefit that may arise thereupon.

I.6 Gratuities

I.6.1 The SAA may, by written notice to the Contractor, terminate the right of the Contractor to proceed under the Contract if it is found after notice and hearing, by the Chairman, U.S. Senate Committee on Rules and Administration or her duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agency or representative of the Contractor, to any employee of the Senate with a view toward securing a contract or securing favorable treatment with respect to awarding or amending or the making of any determination with respect to the performance of such contract; provided, that the existence of the facts upon which the Chairman or her duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court.

I.6.2 In the event this Contract is terminated as provided in paragraph I.6 hereof, the SAA shall be entitled

(i) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Contractor, and (ii) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the Chairman or her duly authorized representative) which shall be not less than three (3) nor more than ten

(10) times the cost incurred by the Contractor in providing any such gratuities, to any other rights and remedies provided by law or under this Contract.

I.6.3 The rights and remedies of the SAA provided in this Section shall not be exclusive and are in addition to any rights and remedies provided by law applicable to this Contract.

I.7 Advertising

Clauses in the Contractor Specific Terms referencing advertising are rejected and not applicable to this Contract. The Contractor agrees not to refer to its work with the Senate in commercial advertising, promotional materials, or press releases in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Senate or is considered by the Senate to be superior to other goods or services. Without limiting the scope of any provision of the Contract, the Contractor specifically agrees that it will not use for promotional purposes any information related to the Contract and will not disclose any such information to any entity outside the Senate except by express written permission of the Contracting Officer.

The Contractor agrees to submit any proposed commercial advertising, promotional materials, or press releases referring to its work with this Contract to the Contracting Officer for written approval. The Contractor shall not conduct or contribute to any news releases or press conferences pertaining to this Contract or mention of the Senate as a customer without prior written approval of the Contracting Officer. This clause applies to all media, including corporate and social media web sites. The Contractor shall not use the Seal of the Senate under any circumstances in any of its materials.

The Contractor shall incorporate the terms of this Section in any agreement with subcontractors, third- party partners, and suppliers furnishing supplies or services under this Contract.

I.8 Standards of Conduct and Restrictions

I.8.1 Contractor employees shall not solicit new business while performing task assignments at the Senate location related to performance under this Contract.

I.8.2 The Contractor and its employees shall refrain from discussing with unauthorized persons any information obtained in the performance of any task assignment under this Contract.

I.8.3 The Contractor and its employees shall conduct only such business as covered by this Contract during periods paid by the Senate. Business not directly related to this Contract shall not be conducted on Senate premises.

I.8.4 Use of the Senate's computer system(s) and/or equipment for company or personal use (other than that directly connected with this Contract) is strictly prohibited.

I.8.5 Contractor personnel are expected to adhere to the same professional ethical standards to which Senate personnel in a comparable position would be expected to adhere.

I.9 Examination of Records

I.9.1 The Contractor agrees that the Chairman of Senate Committee on Rules and Administration or any of her duly authorized representatives shall, until the expiration of three

(3) years after final payment, have access to and…