75H70320Q00002.pdf

SECTION B

PRICING

SCHEDULE

Pricing Schedule Contractor shall provide all labor, materials, and supplies necessary to provide the following telephone systems and long-term system support.

Line Description Qty Unit of Unit Total Item Measure Price Cost

1 Cisco® IP Phone 7821 30 Each $ $

2 Cisco® IP Phone 8861 2 Each $ $

3 Cisco® IP Phone 8800 6 Each $ $ Series Key Expansion Module (KEM) for IP Phone 8861

4 Cisco® IP Conference Phone 9 Each $ $ 7832 (Small, Medium conference Room)

5 Cisco® IP Conference Phone 9 Each $ $ 8832 (Large, Board Meeting Rooms)

6 Cisco® IP Phone 8832 Wired 9 Each $ $ Extension Microphone Kit

7 Cisco® Unified 2 Each $ $ Communication Software Subscription (Call Manager).

CSS for ENH VM Business Edition, 50 Users, 5-year Subscription

8 Installation. Two (2) Special-, 1 Job $ $ ists, no more than three (3) days onsite .

Installation

9. Training. One (1) Day Staff 1 Job $ $

Total Line Items1-9 $

SECTION C

VOICE OVER IP TELEPHONE SYSTEM

IHS, SACRED OAKS HEALING CENTER, DAVIS, CA

PERFORMANCE WORK STATEMENT

1. GENERAL: This is a non-personnel services contract to provide and setup a Cisco voice over IP (VoIP) telephone system. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government. It is the Government’s intention to award a firm-fixed price contract with a base and two option periods.

1.1. Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to purchase, install, and setup a Cisco VoIP telephone system as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2. Background: A new Cisco VoIP on-premise, telephone, voicemail, and paging system is required to perform daily administrative tasks at a multi-function, twenty-four (24) hour inpatient care facility. The Indian Health Service (IHS) Sacred Oaks Healing Center (SOHC) is a brand new Youth Regional Treatment Center (YRTC) facility, construction having just completed in February 2020 and consists of five buildings that are approximately 35,000 square feet in total. The five buildings provide for a residential unit, administration offices, classrooms, kitchen & dining, recreation and therapy, cultural building, and utilities building.

1.3. Objectives: (1) Purchase Cisco VoIP telephone system equipment; (2)

Install and setup Cisco VoIP equipment; 3. Connect telephone system to existing overhead PA system for paging; 4. Train on-site system administrator how to manage moves, adds, changes, and deletions (MACD) on phone system.

1.4. Cutover Schedule. The contractor shall provide a cutover schedule within 10 calendar days after award to ensure project tasks are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services.

1.5. Contractor Staff: The contractor is responsible for ensuring all employees are familiar with, capable of and certified at installing and setting up Cisco voice over IP telephone system equipment, devices, and software.

1.6. Contractor Staff Oversight. The contractor shall provide an adequate number of fully qualified personnel to perform the work specified herein. If the Contractor chooses to accomplish the work by subcontract, he/she shall still be able to provide the required service and supply within the established period of performance. It is the Contractor’s responsibility to ensure that personnel fulfill the requirements of the contract. All personnel employed under this contract shall be legal residents of the United States.

2. PERIOD OF PERFORMANCE: The period of performance shall be, from date of award, 30 calendar days for the purchase, installation and setup;

and one year after telephone system installation and setup is complete for warranty support, with two (2) optional years for support. The Period of Performance reads as follows:

2.1. Base Period.

2.1.1. Work Activities. The Contract has 30-calendar days from date award to complete all work activities.

2.1.1.1. Warranty Period (Base Period). From date of award to 365 calendar days later.

2.2. Option Year 1. Shall commence from completion of the base period and end

365 calendar days later.

2.2.1.1. Warranty Period (Option Period 1). Shall commence from completion of the base period and end 365 calendar days later.

2.2.2. Option Year 2. Shall commence from completion of Option Period

One (1) and end 365-calendar days later.

2.2.2.1. Warranty Period (Option Period 2). Shall commence from completion of the base period and end 365 calendar days later.

3. QUALITY ASSURANCE/CONTROL

3.1. Quality Control: The Contractor shall be responsible for establishing and maintaining quality control to ensure satisfactory performance. The

Contractor shall meet with the Government to become familiar with the work requirement(s) at no additional cost to the Government. Failure of the Contractor to become familiar may result in damage. The Contractor may be held liable for repair or replacement of such damaged facilities. The Government shall monitor all work to assure compliance with the Performance Work Statement, Pricing Schedule, Drawings, Clauses and Provisions.

3.2. Periodic Progress Meetings & Post-Award Conference(s): The business owner or CEO shall be prepared to meet weekly, or as required, at any periodic progress or post award meetings, within 24-hour written notice by the Contracting Officer. These meetings will serve as the forum for the Contracting Officer to apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

3.3. Quality Assurance: The Government shall monitor the Contractor’s performance for conformance with the Performance Work Statement, Pricing Schedule, Drawings, Clauses and Provisions.

4. PLACE OF PERFORMANCE

4.1. Place of Performance: The work to be performed under this contract will be performed at Indian Health Service Sacred Oaks Healing Center, 33100 County Road 31, Davis, CA, 95616

4.2. Recognized Holidays: The contractor is not required to perform services on federal holidays.

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

4.3. Hours of Operation: The contractor is responsible for conducting business, between the hours of 8:00 AM – 4:30 PM, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies or similar Government directed facility closings. The Contractor shall maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

5. SECURITY REQUIREMENTS

5.1. Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

6. CONTRACTOR PERSONNEL

6.1. Conduct: The Contractor shall conform and require Contractor employees to conform to similar standards of conduct as Government personnel.

Personal conditions such as being under the influence of intoxicating beverages, drugs, etc., which may interfere with the performance of the contract services or affect the safety of the employee or others shall not be permitted. Misconduct of the kind set forth in this paragraph shall cause the Contractor to take disciplinary action against Contractor employees, which may result in the immediate removal of employee from Government property and removal from continued work under the contract. When it is necessary to remove Contractor personnel the Contractor shall immediately provide a qualified replacement to carry out the services performed.

6.2. Identification

6.2.1. All contractor personnel are required to carry a current driver’s license or photo company identification card. Driver’s license and/or company identification card shall be required to be shown and photo copied prior to gaining access. Contractor shall wear shirts or hats with their company identification embroidered on them to identify to the public that they are Contractors working for the Government.

6.2.2. All vehicles used by the Contractor shall have signs, magnetic or permanently affixed indicating the name of the company.

6.2.3. Supervision: The Contractor shall ensure that an English speaking supervisor is present at all times while work is in progress.

7. AUTHORITIES & POINTS OF CONTACT

7.1. Authorities/Technical Direction: The Contractor shall take no direction from any Government employee or any other person other than the Government Contracting Officer that changes the terms and conditions of this contract action, the scope, or any change that impacts the cost, price or schedule. Changes authorized by the Contracting Officer will be in the form of a written, official, signed modification to the contract action received by the Contractor before the Contractor will act upon those changes.

The Contractor will comply with the Changes clause of this contract when the contractor believes direction has been given from persons other than the Government Contracting Officer that equate to a change by notifying the Contractor Officer as directed by the clause. Any direction given by any Government employee or any other person outside their authority must be reported to the Contracting Officer.

7.2. Contracting Officer. The Contracting Officer for this requirement is Rachel

Rosas, by telephone at 916.930.3981 x318, or by email at Rachel.Rosas@IHS.gov.

7.3. Contracting Officer’s Representative (COR). The COR at this time is Kelly Stephenson, by telephone at 916.930.3981 x330, or by email at Kelly.Stephenson@IHS.gov.

7.3.1. Contracting Officer Representative (COR):

7.3.2. The (COR) will be identified by a letter of designation issued to the

COR, and a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

7.3.3. Contracting Officer Representatives (CORs) are limited to the authorities stated in the COR appointment letters. If a COR is appointed under this contract, they will be appointed by written letter from the Contracting Officer to the Contractor and COR specific to this contract only.

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions:

7.3.3.1. Assure that the Contractor performs the technical requirements of the contract

7.3.3.2. Perform inspections necessary in connection with contract performance

7.3.3.3. Maintain written and oral communications with the Contractor concerning technical aspects of the contract

7.3.3.4. Issue written interpretations of technical requirements, including Government drawings, designs, specifications

7.3.3.5. Monitor Contractor's performance and notifies both the

Contracting Officer and Contractor of any deficiencies

8. TRAVEL COSTS. Costs for transportation, lodging, meals, and incidental expenses incurred by contractor personnel on official company business are allowable subject to FAR 31.205-46 Travel Costs, General Services Agency, Joint Travel Regulations; and Indian Health Service Manual Part 5- Management Services, Chapter 8 -Travel. Costs for lodging, meals, and incidental expenses may be based on per diem, actual expenses, or a combination thereof, provided the method used results in a reasonable charge.

For more information on allowable costs see:

http://www.gsa.gov/portal/ext/public/site/FTR/file/Chapter301p010.html/catego ry/21868/#wp1089090. All requests for reimbursement shall be audited prior to disbursement of payments.

8.1. Allowable Costs. The Contractor may only invoice for those expenses actually incurred and shall provide copies of all original travel receipts with invoice(s) for reimbursement. All costs shall be in accordance with GSA published per diem rates at: http://www.gsa.gov/portal/content/104877.

Those costs that exceed the allowable rate shall not be reimbursed. At a minimum, all invoices requesting travel reimbursement shall include receipts for:

8.1.1. Lodging, shall be paid in accordance with GSA rates

(http://www.gsa.gov/portal/content/104877)

8.1.2. Common Carrier;

8.1.3. Telephone Calls to a Residence;

8.1.4. Registration Fee; and any other expense(s) in excess of $50.00.

8.2. Governing Regulations

8.2.1. FAR 31.205-46--Travel Costs

(http://www.farmaster.com/farmaster/data/idx/FAR84/3102050046.htm

8.2.2. General Services Agency, Joint Travel regulations

(http://www.gsa.gov/portal/content/104790)

8.2.3. Indian Health Service Manual Part 5-Management Services, Chapter 8

-Travel (https://www.ihs.gov/IHM/index.cfm?module=dsp_ihm_pc_p5c8#5- 8.13Q)

9. GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND

SERVICES. This section identifies those items such as property, information and/or services that will be provided for the contractor’s use (without cost to the contractor) to allow them to provide the required services, such as materials, facilities, training, etc.

9.1. Services: The Government will provide:

9.1.1. SIP service, referred to as IP Flex by the local exchange carrier, AT&T, with 100 DIDs.

9.1.2. Network configuration of router and switches in coordination with contractor’s guidance during the setup and configuration of phone system.

9.2. Facilities: The Government will provide ample work space for the preparation and setup of telephone system equipment.

9.3. Equipment: The Government will provide: (For a complete list see Attachment 4 – Network and telecom equipment, Build of Materials – SacredOaks-BOM1&2.xlsx)

9.3.1. Cisco ISR 4331 UC Bundle, PVDM4-32, UC License router

(ISR4331-V/K9)

9.3.2. Three (3) Cisco 9410 Catalyst switches (C9410R-96U-BNDL-A)

9.3.2.1. Each Catalyst switch has qty. x2 - 48-Port UPOE 10/100/1000 (RJ-45) blades, 6 total

9.3.3. Forty-three (43) Cisco UC Phones 7821 (handsets)

9.3.4. Overhead speakers

9.3.5. Overhead speaker system

9.3.6. Network cabling management racks

9.3.7. Finished CAT 6 cabling throughout campus buildings

9.3.8. Fiber optic between the three (3) main buildings, connected to

Catalyst switches above

10. CONTRACTOR FURNISHED ITEMS, SERVICES & RESPONSIBILITIES.

Materials and equipment the contractor must provide.

10.1. General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

10.2. Equipment: The contractor shall provide a Cisco VoIP, on-premise telephone system with, auto-attendant, voicemail, over-the-phone paging and overhead PA system paging, and secure Fax over IP solution.

10.2.1. The contractor will provide thirty (30) Cisco 7800 series telephone handsets. A total of seventy (70) handsets will be connected simultaneously to the phone system. See Part 3.3.3 above.

10.2.2. Phone system features must include, but is not limited to:

10.2.2.1. The proposed solution must be an on-premise system, not cloud based

10.2.2.2. Server and software to house and manage Cisco 7800 and 8800 series telephone handsets and devices

10.2.2.3. Automated attendant

10.2.2.4. Voicemail

10.2.2.5. Conference calling

10.2.2.6. Multiple line support

10.2.2.7. Three- or four- digit dialing internally, between extensions

10.2.2.8. Two (2) handsets for receptionists will require add-on module to display 80 extension numbers. Receptionists receiving inbound calls will use these modules to transfer calls to other extensions in the building

10.2.2.9. Users will have ability to set call forwarding, both physically at their phone and remotely (ex. calling in to their extension or voice mailbox to set call forwarding)

10.2.2.10. Call routing system, Call Transfer and Redial

10.2.2.11. Speed dial buttons

10.2.2.12. All outbound calls to originate from main BTN for Caller

ID

10.2.2.13. Analog ports for fax, postage machine and other systems requiring an analog signal

10.2.2.14. Over-the-phone paging; ability to page from each phone

10.2.2.15. Overhead PA system paging; ability to page from phone into zoned areas of overhead PA system

10.2.2.16. Call Detail Reporting capability

10.2.2.17. Must be able to call 911 emergency without any prefix numbers (IE. no 9+911)

10.2.2.18. Ability to alert and trace back who dialed a 911

emergency

10.2.2.19. Configuration, setup, and scheduling of backup for phone system servers

10.2.2.20. Phone system shall be 508 compliant (See Attachment 3

– Section 508 HHSAR for VOIP System with Web-Based Interface and Documentation.docx

10.2.2.21. Ability for IHS technical staff to administer voicemail and extensions (MACDs) from onsite, or remote locations (i.e. web based, or remote administration).

10.2.2.22. Allow various levels of calling privileges such as long distance and international calls to be programmable by extension.

10.2.2.23. The purchased equipment shall be new, the model current production (no EOL equipment). Reconditioned, remanufactured, and demo models are not acceptable.

10.2.2.24. The system shall accommodate 70 (70) telephone

handsets and capable of expanding for future growth.

10.2.2.25. The system should also have capability to tie into other Cisco phone systems as a satellite site, or backup site to main Office in the future.

11. ATTACHMENT/TECHNICAL EXHIBIT LISTING

11.1. Attachment 1 – Site Drawing

11.2. Attachment 2 –NCYRTC 180831 CD-Final 01 Drawings_R1-

COMMs Only

11.3. Attachment 3 – Section 508 HHSAR for VOIP System with Web- Based Interface and Documentation

11.4. Attachment 4 – Network and telecom equipment, Build of Materials the Government ( BOM 1 & 2)

12. FAR 52.211-6 Brand Name or Equal (Aug 1999)

(a) If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the Government’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.

(b) To be considered for award, offers of “equal” products, including “equal” products of the brand name manufacturer, must-

(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;

(2) Clearly identify the item by-

(i) Brand name, if any; and

(ii) Make or model number;

(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and

(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.

(c) The Contracting Officer will evaluate “equal” products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.

(d) Unless the offeror clearly indicates in its offer that the product being offered is an “equal” product, the offeror shall provide the brand name product referenced in the solicitation.

(End of provision) end

Task ID Indicator Standard Acceptable

Quality Level Method of Surveillance Incentive

Planning 1 Planning meeting Within 10 days of award, contractor schedules planning meeting 100%

Observation and random inspection (auditing) or any other method that was proposed in your solution.

Exercise of Option Period and past performance and/or any other incentive that was proposed in your solution.

Meeting 2 Meeting identifies next steps and estimated completion date

Contractor identifies tasks to meet Government’s needs in PWS, establishes a project schedule, a completion date, and identifies any needs for more details about the project 100%

Observation and random inspection (auditing) or any other method that was proposed in your solution.

Exercise of Option Period and past performance and/or any other incentive that was proposed in your solution.

Site Visit 3 Site visit Site visit to Sacred Oaks facility scheduled, if needed 100%

Observation and random inspection (auditing) or any other method that was proposed in your solution.

Exercise of Option Period and past performance and/or any other incentive that was proposed in your solution.

Order Equipment 4 Order equipment

Based on equipment not on Gov't BOM list and after site visit evaluation, equipment necessary to provide complete phone system is ordered 100%

Observation and random inspection (auditing) or any other method that was proposed in your solution.

Exercise of Option Period and past performance and/or any other incentive that was proposed in your solution.

Equipment Delivery 5 Equipment delivery Schedule delivery date of equipment 100%

Observation and random inspection (auditing) or any other method that was proposed in your solution.

Exercise of Option Period and past performance and/or any other incentive that was proposed in your solution.

Install and Setup 6 Install and setup of phone system

Schedule installation and setup of phone system 100%

Observation and random inspection (auditing) or any other method that was proposed in your solution.

Exercise of Option Period and past performance and/or any other incentive that was proposed in your solution.

Completed system 7

Server, handsets and MACD system

Server / call manager system, 80 telephone handsets set up, and MACD sofware fully functional; call paging over handsets and overhead PA system fully functional 100%

Observation and random inspection (auditing) or any other method that was proposed in your solution.

Exercise of Option Period and past performance and/or any other incentive that was proposed in your solution.

Training 8 Training

Schedule training with system administrator and government project manager on the use of call manager and how to perform moves, adds, changes and deletions; how to perform backups of phone system, extensions and voice mailboxes, if applicable 100%

Observation and random inspection (auditing) or any other method that was proposed in your solution.

Exercise of Option Period and past performance and/or any other incentive that was proposed in your solution.

Contract Clauses Commercial Items and Services

By Full Text

52.204-9 -- Personal Identity Verification of Contractor Personnel (Jan 2011).

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of Clause)

52.204-13 – System for Award Management Maintenance.

(a) Definition. As used in this clause--

“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 (SAM) 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 Contractor 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 Contractor has completed the Core, Assertions, 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 Contractor 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”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

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

(b) The Contractor is responsible 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.

(c)

(1) http://www.sam.gov/

(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 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 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(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.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.

(End of Clause)

FAR 52.212-1 -- Instructions to Offerors -- Commercial Items.

As prescribed in 12.301(b)(1), insert the following provision:

http://www.sam.gov/ https://www.acquisition.gov/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20017

Instructions to Offerors -- Commercial Items (Jan 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest;

accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section

Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925)

Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697- 1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.) 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. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for https://assist.dla.mil/online/start/ http://quicksearch.dla.mil/ http://assistdocs.com/ https://assist.dla.mil/wizard/index.cfm unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

Class Deviation 2018-O0013—Micro-Purchase Threshold, Simplified Acquisition Threshold, and Special Emergency Procurement Authority. Effective April 13, 2018. This deviation remains in effect until it is incorporated into the FAR or DFARS, or otherwise rescinded

(j) Unique entity identifier. (Applies to all offers exceeding the micro-purchase threshold and offers at any dollar value if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database.)

(k) System for Award Management. Unless exempted by an addendum to this solicitation, 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 resulting from this solicitation. 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. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

52.212-4 -- Contract Terms and Conditions -- Commercial Items.

As prescribed in 12.301(b)(3), insert the following clause:

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 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20051 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.