36C25018Q9404-001.docx

36C25018Q9404

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

541-18-3-032-0067 36C25018Q9404 07-1 -2018 Roman Savino 837-3788 08-17 -2018 3:00 pm 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 6150 Oak Tree Blvd., Suite 300 Independence OH 44131 X X 541519 $27.5 Million X N/A X 00541 Cleveland VA Medical Center Wade Park Campus 10701 East Blvd Cleveland OH 44106 00541 Department of Veterans Affairs Network Contracting Office (NCO) 10 6150 Oak Tree Blvd., Suite 300 Independence OH 44131

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5540 See CONTINUATION Page

1. Performance all services on Leased, HV Color and Mono Printers, Mail and Warehouse Hardware and Software

2. Contract will be a Base Year with Four Option Years See CONTINUATION Page X X X Harvey J. McGowan Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: _____________________________

b. GOVERNMENT: Contracting Officer 36C250 Department of Veterans Affairs Network Contracting Office (NCO) 10 6150 Oak Tree Blvd., Suite 300 Independence OH 44131

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

Page 1 of Page 1 of

Statement of Work (SOW) Louis Stokes Cleveland VA Medical Center 10701 East Blvd.

Cleveland, Ohio 44106

1.0 Background

The Cleveland VA’s print operations, (heretofore referred to as The Cleveland VA), is housed in the Louis Stokes Cleveland VA Medical Center main complex and is tasked with supporting the printing needs of the entire medical center and other departments within the complex. Even though The Cleveland VA is tasked with supporting all departments, a significant amount of work goes out to external print providers i.e. FedEx Kinko’s, supplied by GPO.

2.0 Scope

The Cleveland VA’s hardware consists of digital toner-based devices in both monochrome and full-color varieties. There is also a significant amount of wide format hardware to support posters/etc. as well as two Duplo SD420 Digital duplicators. In addition, there are a variety of finishing and folding devices, both in-line and offline, to support most any binding and finishing needs. There are three Neopost Mail machines and two folders and inserters from Neopost, and an older version of a scanning barcode system.

The Hardware and software breakdown is quite mixed, with many different platforms running across the devices. Software is not being utilized to its fullest potential, as well as some of the on-line finishing capabilities of the current hardware. This is not entirely the VA’s responsibility as the lack of training and vendor response and follow up are also contributors to these issues. Currently, there are three different vendors managing the Print shop. There are two different local dealers that support and service each of the B/W and Color and a third that resides in Cincinnati that does the billing. The Cleveland VA POC looking to consolidate vendors into one sole source vendor, streamline billing and touch points, and provide for single point of Contact.

Production print hardware leases expire on September 30, 2018. All mail hardware and software leases expire on September 30, 2018. New hardware needs to be vetted and ready for install on or before October 1, 2018, to allow for installation and training. The financial timeline must be met, or if altered or adjusted, will impact the monthly costs going forward.

3.0 Performance Requirements

The Contractor shall perform all services on the leased, HV Color and Mono Printers, mail and Warehouse hardware and software such as: installation, de-installation, maintenance, repair and/or replacement, relocations, training and responding and resolving incidents, service requests and changes transportation, service delivery management system(s), equipment, parts, and all required supplies (paper is only exception as this will be provided by the Government) necessary for operation of the HV Color and Mono Printers. TCRU units for the HV Color unit and full training will be required to be on-site for uptime reliability and performance. Full maintenance plans shall include a Flat Rate contract for all proposed hardware in the CRD, Mailroom and Warehouse. Flat Fee service and supply contract in the CRD based on 250,000 color impressions per month and 500,000 black/white impressions per month. Response time is requested within 2 hours of service call logged.

4.0 Government Furnished Property

Cleveland VAMC shall provide adequate electricity and network drops to accommodate all the HV Color and Mono Printers, Mail and Warehouse solutions, and should not be electrically shared with other appliances (refrigerators, microwaves, and power strips).

5.0 Description and Specifications of Required Hardware and Software for the Print Shop, Mail and Warehouse Solutions and Operations

COLOR UNIT # 1

· Ricoh Pro C7100X or equivalent – with addition of a 5th color station and extended paper sizes up to 13” x 27.5”

· Minimum 80 pages per minute system

· Minimum paper capacity - 6,900 sheets

· Vacuum Feed LCIT – Minimum 4,400 sheets, 13 x 19.2 paper size; weights up to 300 gsm

· Vacuum Feed Oversize Sheet Tray – 13 x 27.5 paper size, 1,110 capacity

· Tab sheet holder – online

· Decurl Unit

· Perfect binder – up to 200 sheets for a total of 400 sheets in duplex mode for bound books

· Transit Pass Unit

· Cover Interposer Tray for Perfect Binder

· Glue Supply

· Cover Interposer Tray

· Multi folding Unit – ½ fold, Gate fold, Z fold, etc.

· Booklet finisher and face trim – saddle stitch up to 20 sheets for 80 page book minimum

· Punch unit

· Color Fiery controller – including Fiery Color Wise & Spot On

· 5th Color Station utilizing white, clear & neon yellow colors

· EFI Impose

· EFI Compose

· EFI Spectrophotometer

· Faci Kit, including keyboard, monitor and mouse

· Customer replaceable supply components including drum cleaning units, charging roller units, fuser units, transfer belt units, paper feed rollers, fusing cleaning units and smoothing rollers

COLOR UNIT # 2

· Ricoh Pro C7100X or equivalent – with addition of a 5th color station and extended paper sizes up to 13” x 27.5”

· Minimum 80 pages per minute system

· Minimum paper capacity = 6,900 sheets

· Vacuum Feed LCIT – Minimum 4,400 sheets, 13 x 19.2 paper size; weights up to 300 gsm

· Vacuum Feed Oversize Sheet Tray – 13 x 27.5 paper size, 1,110 capacity

· Tab sheet holder – online

· Decurl Unit

· GBC Stream punch

· Die set – 43H Coil

· 3,000 sheet finisher – staples up to 100 sheets, maximum size is 11 x 17

· Multi folding Unit – ½ fold, Gate fold, Z fold, etc.

· Punch unit

· Color Fiery controller – including Fiery Color Wise & Spot On

· 5th Color Station utilizing white, clear & neon yellow colors

· EFI Impose

· EFI Compose

· EFI Spectrophotometer

· Faci Kit, including keyboard, monitor and mouse

· Customer replaceable supply components including drum cleaning units, charging roller units, fuser units, transfer belt units, paper feed rollers, fusing cleaning units and smoothing rollers

BLACK/WHITE UNIT # 1

· Ricoh Pro 8210S (MFP) or equivalent

· 111 pages per minute minimum speed

· Maximum paper supply = 7,700 pages minimum

· LCIT = 4,400 sheets, 13 x 19.2 paper size

· Booklet finisher - saddle stitch up to 20 sheets for 80 page book minimum

· High capacity stacker – 5,000 sheets minimum

· Extra roll away carts – 2 total

· Decurl Unit

· Multi folding Unit – ½ fold, Gate fold, Z fold, etc.

· Cover interposer tray

· 2/3 Hole Punch

· EFI Print Controller

MAIL INSERTERS:

· (3) New DS-90i Folder Inserters or equivalent

· 10.4" reversible color touch screen and 50 job presets

· Multi-format Flex Feeders can process document sizes from full sheets to short inserts

· New, easy to use intelligent user interface.

· Load'n Go® performs automated setup based on materials you place in the trays

· With PowerFold® DS-90i can tri-fold up to 8 pages together and single-fold up to 10

MAIL MACHINE AND SCALE:

· (2) New IS-6000 Mail Machines or equivalent with Dynamic Scale, 70lb Weigh Platform, & Expandable Conveyor Stacker

· 15" color touch screen interface.

· Engineered for speed, durability, ergonomic perfection, and unmatched throughput.

· Automatically feeds and seals heavy stacks of assorted size mail and pieces up to .8” thick.

· Dynamic Scale accelerates processing by weighing and measuring mail on the fly.

PACKAGE TRACKING HARDWARE AND SOFTWARE:

· WTS-P Package Tracking Software or equivalent

· Tracks your inbound packages and accountable mail from carrier drop off to internal delivery.

· Monitors the complete chain-of-custody for every inbound item.

· Expedites internal delivery times and virtually eliminates lost or misplaced items.

· Simplifies inbound handling to an easy and efficient three-step electronic process.

· Customize your home screen with the “Widgets” for the information you would like to see.

· Includes:

· 1 - ENTERPRISE SOFTWARE

· 20 - ADDITIONAL CLIENT LICENSES

· 25 - HAND HELD DEVICES WITH SOFTWARE

· 20 - WIRELESS SCANNER

· 9 - HANDHELD PALMS WITH TRACKING SOFTWARE

· 25 - MAG STRIP READERS

· 9 - THERMAL LABEL PRINTER

· 6 - 4 SLOT CRADLE

· 1 - 1 SLOT CRADLE

· 25 HAND HELD HOLSTERS

· Tracking system will be able to verify all inbound packages, scan the barcode, and count how many packages are being dropped off from the carrier. This is an extra layer of protection to make sure the Carrier is dropping off the correct amount of pieces.

· You will be able to verify, receive and deliver all inbound packages on the Hand Held.

· Receive on Wireless Barcode Scanner at computer or Hand Held.

· You will have the ability to generate email or text notification. Package status gives ability to send, immediate, schedule or delay notices.

· Ability to generate multiple types of user reports to track user activity.

· Search Packages via, received date, recipient, tracking number, status by user or name.

· Customize your dash board utilizing widgets with specific id tools to help operate system in an efficient manner.

· Implementation Phase will include pre-installation calls to go over Workflows for set up.

· Training will be done on-site with local service team with help from Neopost Tracking Specialist.

RSA Web-CRD or equivalent

· Hosting: The Web-to-print system will be hosted on premise on VA’s intranet

· Storefronts: Will support unlimited storefronts at no additional cost per storefront to VA.

· Catalog Ordering: Will support online catalog ordering and reordering for printed products from inventory, print on demand products, and non-print products.

· Catalog will support versioned products (personalized at time of order) and variable data products (data source, such as a .csv file, attached to order).

· Ad-hoc ordering: Will include option to convert native files to PDF at the desktop and when uploaded to the storefront. The desktop conversion must be integrated with the storefront (i.e. when the conversion is complete the user is taken directly to the storefront to complete the order process).

· The order form will include intuitive symbols for most popular finish options (binding, punching, folding, etc)

· Will include an interactive document preview for soft proofing, including print and finishing options such as tabs, covers and binding.

· Will allow users to combine multiple documents in to a single PDF for ordering.

· Offline ordering: Will include option to submit orders where files delivered to the print center on CD-ROM/DVD, USB drive or hard copy.

· Pricing/Quantities Will support fixed quantities (i.e. 100, 250, 500), volume pricing discounts and per user pricing.

· Production Workflow Will have a production ‘dashboard” that provides a graphical interface for scheduling and tracking of jobs as they move through the production process.

· Workflow automation Will have the ability to submit jobs directly to color and b/w digital presses, including all print and online finishing specifications, in JDF and device specific formats.

· Approvals Will support an order approval workflow based on cost or content.

· Reporting Will have the ability to produce standard and user defined reports in a CSV format.

· Integration Will include functionality for cXML integration to 3rd party MIS/ERP systems.

· Authentication Will support LDAP or Active Directory real time authentication

Fiery Compose

· Easy to Use

· Visual and interactive interface

· Merge and move pages with drag-and-drop simplicity

· Preview all jobs exactly as they will print

· Efficient

· Save job composition and open it at a later time

· Export composed PDF to customers to simplify proofing and approval process

· Handle last-minute edits without leaving Compose

· Integrated

· Define media requirements with integrated Paper Catalog database

· Use the same working space as Fiery® Impose

· Define inline finishing settings

· Flexible

· Compose jobs right from Fiery Command WorkStation®

· Full cross-platform Apple® Mac® and Microsoft® Windows® support

Fiery Impose

· Intuitive

· See imposition changes as you make them with the visual, interactive interface.

· Merge and move pages with drag-and-drop simplicity.

· Preview all jobs exactly as they will print.

· Fast

· Speed production with imposition templates to automate common layouts.

· Integrate with job-submission automation tools such as Hot Folders, Virtual Printers, and Job Presets.

· Set up gang up jobs in seconds and avoid tedious manual calculations.

· Efficient

· Make changes to imposed files without starting all over again.

· Handle last-minute edits without leaving the Fiery Impose interface with Adobe Acrobat Pro and Enfocus PitStop Edit.

· Impose variable data jobs as easily as regular jobs. Preview every imposed record to make sure it’s correct before printing.

· Export imposed PDF to customers to simplify proofing and approval process.

· Integrated

· Define media requirements using the same Paper Catalog database in your print engine.

· Use the same working space for all Fiery JobMaster document editing layout tasks.

· Apply barcodes to integrate with Duplo finishers.

· Flexible

· Impose jobs right from Fiery Command WorkStation—no need to switch clients or open a different application.

· Perform imposition tasks at the Fiery server or remotely on Windows® or Macintosh® clients.

Fiery Central

· Fiery Central’s automatic load balancing features allows the VA to produce work faster and more cost-effectively by controlling all printers from one place, automatically splitting or routing jobs based on the printers’ capabilities.

· It also becomes a flexible platform for all these printers to access the powerful products in the Fiery Workflow Suite, such as Fiery JobFlow for prepress automation, Fiery Impose for document imposition and Fiery Compose for advanced make-ready.

· Fiery Central provides integration points enabling bi-directional communication with business management systems such as print MIS or Web-to-Print system through the certified, industry-standard JDF technology.

6.0 Training

Contractor shall provide on-site training within (3) business days after installation of all solutions to key operators. Training for installed HV Color Printer and installed software components will be conducted as a train-the-trainer session. These training sessions will be defined as:

· User training – one (3) end user training session for up to two (2) hours for up to six (6) people

· One week of comprehensive boot camp to review hardware, software, applications and how to incorporate new technology and workflows into the current system.

· Re-direct and introduce change management concerning print jobs, software, calibrations, and certs.

· On-going training throughout the first 30, 60, 90 days.

· Printer use of copying, printing, and scanning

· One (1) process specific users’ guide will be provided in MS Word and/or PDF formats for distribution to users

QUALITY ASSURANCE SURVEILLANCE PLAN

For: Maintenance of Lease Printers – Cleveland VAMC

Contract Number: Time period: 10/1/18 thru 9/30/23 (base + 4yrs option)

Contract Description: Support mail processing, package tracking and reproduction/printing programs that support VAMC Cleveland.

Contractor’s name:

1. PURPOSE

This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

· What will be monitored.: (a) Mail processing: metering, folding/inserting, (b) Package tracking: track mail, packages, parcels, supplies and materials to destination. (c) Reproduction: install new printing equipment to support various printing requirements.

· How monitoring will take place.: A VA employee will report discrepancies and performance issues to their supervisor and they will notify The Contracting Officer Representative (COR) assigned to this contract. The Contracting Officer Representative (COR) will forward performance metrics and reports to the vendor on a weekly and/or monthly basis.

· Who will conduct the monitoring? The assigned Contracting Officer Representative (COR.)

· How monitoring efforts and results will be documented. Can be accomplished by using a checklist of expectations monitored monthly; i.e. hours to repairs, time of delivery of supplies, quality of the work performed (frequent reoccurrences).

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

2. GOVERNMENT ROLES AND RESPONSIBILITIES

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (CO) - The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

Assigned CO: ______________________ Organization or Agency: Cleveland VA Medical Center

b. Contracting Officer’s Technical Representative (COR) - The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

Assigned COR: Laquinnla D. Gaddis

c. Other Key Government Personnel – N/A

3. CONTRACTOR REPRESENTATIVES

Name/Title: Laquinnla D. Gaddis, Supervisor

4. PERFORMANCE STANDARDS

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Performance Requirements Summary Matrix, paragraph N/A (there is no PRS Matrix in the PWS) in the Statement of Work (SOW), includes performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

Note: The subject contract does not contain a Performance Requirements section in the SOW. As such, the below listed Tasks, Indicators, and Standards have been extracted from SOW:

Print orders completed timely

Mail Processing

Comments:__________________________________________________________________________________________________________________________________________________________________________________________________________________

B.2 PRICE/COST SCHEDULE

1. Performance Schedule:

Base Year: October 1, 2018 through September 30, 2019 Option Year 1: October 1, 2019 through September 30, 2020 Option Year 2: October 1, 2020 through September 30, 2021 Option Year 3: October 1, 2021 through September 30, 2022 Option Year 4: October 1, 2022 through September 30, 2023

Total Cost for Base Year with Four Option Years: _____________________________

B.3 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

SOW Cleveland VAMC for Print shop, Mail and Warehouse Operations

SECTION C - CONTRACT CLAUSES

C.1 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS—REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision— Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of Provision)

C.2 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

(a) Definitions. As used in this provision— Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) database means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See http://www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ‘‘Unique Entity Identifier’’ followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov.

(End of Provision)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor…