ATCH_2_SEC_Clauses_50310218R0006.pdf

RFP# 50310218R0006

ATTACHMENT 2 – SEC CLAUSES. The following SEC Clauses apply to the contract:

3001.01 Inspection and Acceptance by the Contracting Officer's Representative (COR) (Aug 2013)

Inspection and Acceptance of supplies and/or services to be furnished under this contract will be performed by the Contracting Officer's Representative (COR) or Alternate COR (ACOR). Inspection and Acceptance will be performed at the Securities and Exchange Commission, 100 F Street, NE, Washington, DC 20549.

4001.00 Period of Performance w/Option Years (Mar 2009)

The base period of performance under this contract shall be from the date of award through on calendar year. This contract has four (4) one-year option periods. At the end of the base year, if exercised, the first option will begin. If all options are exercised, the period of performance will not exceed a total of five (5) years. If exercised, the period of performance for each successive option will begin the day after expiration of the previous period. Exercise of any option requires a contract modification signed by the SEC Contracting Officer.

4003.00 Place of Delivery – FOB Destination (Jun 2013)

The deliverables to be furnished under this contract shall be delivered electronically to the SEC Office of Human Resources (OHR) Awards Program Manager at the following physical address:

U.S. Securities and Exchange Commission 100 F Street NE Washington, DC 20549-2000

5001.00 Contract Administration (Dec 2011)

This contract will be administered by the SEC's Office of Acquisitions. All inquiries should be directed to the following address:

Contracting Officer:

Securities and Exchange Commission Office of Acquisitions Attn: Gabriel G. Aviles 100 F Street, NE Washington, DC 20549 Email: AvilesG@sec.gov

Tel: 202-551-8697

Contract Specialist:

Securities and Exchange Commission Office of Acquisitions Attn: Tammy Oliver 100 F Street, NE Washington, DC 20549 Email: Olivert@sec.gov mailto:AvilesG@sec.gov mailto:Olivert@sec.gov

Tel: 202-551-8351

5003.00 Submission of Invoices (Apr 2012) (Applicable to Other than GPC Payment)

The Securities and Exchange Commission accepts only electronic/e-mail invoices.

Invoices shall be submitted on a monthly basis.

Contractors should submit invoices in accordance with the SEC Prompt Payment Provision of the contract.

Contractors are cautioned against submitting an invoice prior to goods and services being received/accepted. Invoices submitted prematurely may be rejected.

Electronic/e-mail Invoice Instructions:

• Invoices must be in PDF Format and may not exceed 10MB

• Subject Line: Company name and the invoice number

• e-mail Message:

• Company logo or letterhead

• Company name and payment address

• Company point of contact (POC) for the invoice with phone and e-mail

• Invoice Number

• SEC Contract or Order number

• SEC COR

For supplies: contract line item number, item description, quantity delivered, and unit and extended price, per Section B CLIN structure

For services: contract line item number, item description, period of performance and associated costs, per Section B, contract line item, CLIN, structure

Shipping and handling charges, if applicable

Clearly mark duplicates of previous invoice submissions with “DUPLICATE”

Clearly mark the final invoice with “FINAL INVOICE”

Attach the invoice and any supporting documents in a secure tamper-proof or tamper-resistant format compatible with Adobe Acrobat.

Electronic signatures are acceptable in scanned documents. Each page of a document must be clearly marked with information identifying it with the company, the contract, the invoice, and any other information required by the contract.

E-mail invoices to the following address: 9-AMC-AMZ-SEC-Invoices@faa.gov. If you have questions regarding submission of invoices, the SEC’s Office of Financial Management may be reached at (202) 551- 7860.

mailto:9-AMC-AMZ-SEC-Invoices@faa.gov

5004.00 Appointment of Contracting Officer's Representative (COR) (Nov 2012)

a. Nicole Woodard is hereby designated the Securities and Exchange Commission COR for administration and information relating to this contract.

b. The Contracting Officer (CO) shall appoint, in writing, a Contracting Officer's Representative (COR) and, if possible, an Alternate COR for this award. The COR and Alternate COR shall have a current Federal Acquisition Certification for CORs (FAC-COR) at the appropriate certification level for the contract. A COR may serve on a contract requiring certification at or below his/her level, but not on one requiring a higher level. The CO shall provide the Contractor with a copy of the COR appointment letter(s). The COR may not re-delegate his or her authority; only the CO has this authority.

c. The COR will manage the contract in coordination with the CO and within the terms of the contract and the boundaries of a COR's duties as outlined in the document "Instructions for CORs and Their Supervisors." The COR's responsibilities include reviewing invoices and charges by the Contractor and informing the CO of areas where exceptions are taken. If this is an award for services and contractor personnel are brought on-site to SEC facilities, the COR must adhere to SECR 10-24.

d. Only the Contracting Officer has the authority to change the terms and conditions of this contract. The COR may request a contract modification, but the CO will make the final determination. The COR may not agree to or issue a change to the contract terms and conditions. In the event the Contractor effects changes to the contract at the direction of any person other than the CO, the changes will be considered to have been made without any authority and no adjustments will be made to the contract.

5005.00 Contract Options (Mar 2009)

(a) Award of an initial contract will not obligate the Government to exercise any contractual option. Prior to exercising any option, the Government will make a determination that (1) funds are available, (2) the requirement covered by the option fulfills an existing need of the Government, and (3) the exercise of the option is the most advantageous method of fulfilling the Government’s need, price and other factors considered.

(b) Failure to exercise an option shall not obligate the Government to pay any charges other than the contract price including exercised options.

6002.00 Type of Contract (Mar 2009)

This is an Indefinite-Delivery Indefinite-Quantity Contract.

6003.00 Representations and Certifications (Mar 2009)

The Contractor's completed Representations, Certifications, and Other Statements of Offerors or Respondents is incorporated herein by reference.

6004.00 Approval of Subcontracts (Feb 2012)

The Contractor shall not enter into a contractual agreement with any party to furnish any of the work or services under this Purchase Order without the written approval of the Contracting Officer. This provision shall not be interpreted as requiring the approval of contracts for employment between the contractor and personnel assigned for services thereunder.

7.0 CONTRACTOR PERFORMANCE EVALUATION

Prior to the exercise of an option under the contract/order/call or at the end of the conclusion of work under the contract/order/call, the SEC will submit an electronic record of the Contractor’s performance to the Contractors Performance Assessment Retrieval System (CPARS) for processing. Once the evaluation is processed in CPARS, it will be made available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluating the Contractor’s past performance as part of a source selection action.

No later than 30 days after award, the Contractor shall furnish the CO with:

- the name,

- position title,

- phone number, and

- email address of the Contractor’s representative designated to have access to the evaluation for this contract.

The CO will ensure that the information regarding the Contractor’s designated representative is provided to the SEC Contractor Performance Assessment Reporting System Focal Point.

The Contractor’s designated representative will have the ability to review, comment, and state whether or not the Contractor agrees with the evaluation and return the evaluation to the COR within 30 calendar days after its receipt.

If the Contractor desires a meeting to discuss the evaluation, it must be requested, in writing, no later than seven calendar days from the receipt of the evaluation. This meeting will be held during the Contractor’s 30-calendar day review period. If after the meeting, the Contractor disagrees with assessment, the Contractor may request that the Office of Acquisition Operations Branch Chief resolve the matter.

It shall be the sole responsibility of the Contractor to inform the CO or COR of any changes to the Contractor’s designated representative. Any such changes do not require a modification to the terms and conditions of the contract/order/call.