Addendum to Terms and Conditions - IT Recruitment.docx

ADDENDUM TO TERMS AND CONDITIONS OF TASK ORDER/CALL

PROJECT TITLE:

NIH Human Capital Support and Sourcing and Identification of Highly Qualified Job Seekers for Mission-Critical Federal IT Positions

RFQ# 75N97020Q00026

1.0 METHOD OF ACQUISITION

This requirement is being processed under the FAR Part 12, Commercial Item Acquisition and FAR Part 13.5, Simplified Acquisition Procedures for Certain Commercial Items.

2.0 TASK ORDER/CALL TERMS AND CONDITIONS

This Task Order/Call is subject to the terms and conditions of FAR Part 12, Commercial Item Acquisition and FAR Part 13.5, Simplified Acquisition Procedures for Certain Commercial Items.

and the provisions contained in this Addendum to Terms and Conditions of Task Order/Call.

3.0 TASK ORDER/CALL TYPE

This award is a Firm Fixed Price contract [reference Federal Acquisition Regulation (FAR) 16.201].

4.0 PERIOD OF PERFORMANCE OF TASK ORDER/CALL

This requirement consists of a Base Year and two successive one (1) year options.

5.0 TRANSPORTATION & SHIPPING TERMS

The F.O.B. point for this Task Order/Call is indicated in Block 11 of page 1 of the Task Order/Call document. The following provides an explanation of F.O.B. points as defined in the FAR, Part 47, and are applicable to this Task Order/Call.

"F.O.B." means free on board. This term is used in conjunction with a physical point to determine (a) the responsibility and basis for payment of freight charges and (b) unless otherwise agreed, the point at which title for goods passes to the buyer or consignee.

"F.O.B. Origin" means free on board at origin; i.e., the seller or consignor places the goods on the conveyance by which they are to be transported. Unless this Task Order/Call provides otherwise, the cost of shipping and risk of loss are borne by the buyer or consignee (Government).

For this Task Order/Call, "F.O.B. Origin" is to be interpreted as "F.O.B. Origin Freight Prepaid." All items will be delivered to the Contracting Officer’s Representative (COR). The Contractor is responsible for prepaying the freight charges and shall bill freight charges as a separate line item on the invoice.

"F.O.B. Destination" means free on board at destination; i.e., the seller or consignor delivers the goods on seller's conveyance at destination. Unless the Task Order/Call provides otherwise, the cost of shipping and risk of loss are borne by the seller or consignor (Contractor).

For this Task Order/Call, "F.O.B. Destination" is to be interpreted as "F.O.B. Destination, within Consignee's Premises." The Contractor shall prepay all freight charges and will deliver to the COR. The Contractor shall not bill for shipping charges.

6.0 DELIVERY OF MATERIAL/SERVICES

Delivery schedules shall be negotiated by the COR at the time the Task Order/Call is awarded. The delivery of goods and services must be performed between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, except when special arrangements are made by the COR.

All shipments delivered herein shall be addressed as directed by the COR and marked as indicated below.

Task Order/Call Number: ______________________________ Attention: ______________________ Room: _________________________

Upon delivery, the receiving activity shall sign the packing slip/delivery ticket and retain one copy. One copy may subsequently be required to support the invoice.

7.0 PROMPT PAYMENT DISCOUNTS

The Prompt Payment Discount period, if any, shall commence on the final date of the billing period, or on the date of the receipt of a proper invoice for all deliveries accepted during the billing period, whichever is later.

8.0 INVOICE SUBMISSION

9.1 Payment requests shall be submitted to the offices identified below. The Contractor shall submit supporting documentation (e.g., receipts, time sheets, vendor invoices, etc.) with each payment request as instructed by the COR.

a. The original invoice shall be submitted to the following designated billing office:

National Institutes of Health Office of Financial Management Commercial Accounts 2115 East Jefferson Street, Room 4B-432, MSC 8500 Bethesda, Maryland 20892-8500

Note: The original payment request must be submitted in hard copy and mailed to the designated billing office to meet the requirements of a “proper invoice”.

b. One electronic copy of the invoice shall be submitted to the following approving official:

Attention: ___________________________ National Institutes of Health Bethesda, Maryland 20817

9.2 E-mail

The Contractor shall submit an electronic copy of the payment request to the approving official instead of a paper copy. The payment request shall be transmitted as an attachment via e-mail to the approving official’s address listed above in one of the following formats: MSWord, MS Excel, or Adobe Portable Document Format (PDF). Only one payment request shall be submitted per e-mail and the subject line of the e-mail shall include the Contractor's name, contract number, and unique invoice number. Note: The original payment request must still be submitted in hard copy and mailed to the designated billing office to meet the requirements of a "proper invoice."

9.3 Central Point of Distribution

For the purpose of this award, the Central Point of Distribution is nihocioacquisitionoffice@mail.nih.gov

9.4 Additional Invoicing Requirements

In addition to the requirements specified in FAR 32.905 for a proper invoice, the Contractor shall include the following information on the face page of all payment requests:

0. Name of the Office of Acquisitions. The Office of Acquisitions for this contract is the Office of Acquisitions Management, National Library of Medicine, Two Democracy, Suite 105, MSC 5488, 6707 Democracy Boulevard, Bethesda, MD 20892-5488.

0. Federal Taxpayer Identification Number (TIN). If the Contractor does not have a valid TIN, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

0. DUNS or DUNS+4 Number. The DUNS number must identify the Contractor's name and address exactly as stated in the contract and as registered in the System for Award Management (SAM) database. If the Contractor does not have a valid DUNS number, it shall identify the Vendor Identification Number (VIN) on the payment request. The VIN is the number that appears after the Contractor's name on the face page of the contract. [Note: A VIN is assigned to new contracts awarded on or after June 4, 2007, and any existing contract modified to include the VIN number.] If the Contractor has neither a TIN, DUNS, or VIN, contact the Contracting Officer.

0. Invoice Matching Option. This contract requires a three-way match.

0. Unique Invoice Number. Each payment request must be identified by a unique invoice number, which can only be used one time regardless of the number of contracts or orders held by an organization.

The Contract Title is: CIT Human Capital Support and Sourcing and Identification of Highly Qualified Job Seekers for Mission-Critical Federal IT Positions

Inquiries regarding payment of invoices should be directed to the designated billing office, (301) 496-6452/496-6088.

9.0 PROMPT PAYMENT

FAR 52.232-25, Prompt Payment (July 2013) is supplemented with the following:

a. The Prompt Payment Act, Public Law 97-177, (96 Stat. 85, 31 U.S.C. 1801) is applicable to payments under this Task Order/Call and requires payment to vendors of interest on overdue payments and improperly taken discounts.

b. Determinations of interest due will be made in accordance with the provision of the Prompt Payment Act and the above referenced clause.

10.0 RETURNED INVOICES

Invoices will be returned for: 1) failing to cite an order number; 2) citing an invalid order number; or 3) having other discrepancies on the invoice.

Resolution and correction of the invoice will require the Contractor to contact the COR.

11.0 PRICES

a. Unless the Government exercises its option pursuant to the option provisions referenced in Section 13.0., OPTION PRICES, and, this Task Order/Call consists only of the Base Period as defined in Section 5.0, PERIOD OF PERFORMANCE; herein; and the Statement of Work (SOW); for the rates set forth in the Contractor’s Quotation dated __________ which is incorporated by reference to this Task Order/Call.

b. Upon the Government’s order of the services during the Base Year; the Contractor shall be paid the rates specified in the Contractor’s Quotation dated __________ and in accordance with the following estimated amount.

c. The total amount of this Firm Fixed Price Contract for the Base Year is $__________________

12.0 OPTION PRICES

a. Option Year 1 – (1-year period of performance) Services:

Upon the Government’s order of services during the Base Period, as specified in SCOPE, of the SOW; the Contractor shall be paid the rates specified in the Contractor’s Quotation dated __________________ which is attached and made a part of this Task Order/Call.

The total estimated amount for this Firm Fixed-Price Award for Option Year 1 is $________________.

b. Option Period 2 (1-year period of performance) for services during Option Period 2:

Upon the Government’s order of services during Option Period 2, as specified in Provision 4.0, SCOPE, of the SOW; the Contractor shall be paid the rates specified in the Contractor’s Quotation dated ____________ which is attached and made a part of this Task Order/Call.

The total estimated amount for this Firm Fixed-Price Award for Option Year 2 is $_____________.

13.0 OPTION PROVISIONS

This Task Order/Call incorporates the following additional FAR clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a FAR clause may be accessed electronically at https://www.acquisition.gov/?q=/browse/far/52

a. FAR 52.237-3, Continuity of Services (JAN 1991)

Part (a) is revised to read as follows:

(a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them.

b. FAR 52.217-9, Option to Extend the Term of the Contract (March 2000)

Part (a) is revised to read as follows:

“(a) The Government may extend the term of this Task Order/Call by written notice to the Contractor within the period of performance of the Task Order/Call; provided that the Government shall give the Contractor a preliminary written notice of its intent to extend within the period of performance of the Task Order/Call before the Task Order/Call expires. The preliminary notice does not commit the Government to an extension.”

Part (c) is revised to read as follows:

“(c) The total duration of this Task Order/Call, including the exercise of any options under this clause, shall not exceed 36 months."

15.0 PACKAGING, PACKING, AND SHIPPING INSTRUCTIONS

The Contractor shall ensure that all items are preserved, packaged, packed and marked in accordance with best commercial practices to meet the packing requirements of the carrier and to ensure fast and timely delivery at the intended destination.

16.0 INSPECTION AND ACCEPTANCE

The Contracting Officer or the duly authorized representative will perform inspection and acceptance of materials and services to be provided.

For the purpose of this Section, the COR is the authorized representative of the Contracting Officer.

Inspection and acceptance will be performed at in Room ___________, MSC ________, 6555 Rock Spring Drive, Bethesda, Maryland 20817.

Acceptance may be presumed unless otherwise indicated in writing by the Contracting Officer or the duly authorized representative within 30 days of receipt.

This Task Order/Call incorporates the following clause(s) by reference, with the same force and effect as if it were given in full text. Upon request, the Contracting Officer will make its full text available.

· FAR 52.246-6, Inspection of Services – Time and Materials and Labor Hours (May 2001)

17.0 DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) ACQUISITION REGULATION (HHSAR) CLAUSE INCORPORATED BY REFERENCE

The following HHSAR clause is hereby incorporated into this Task Order/Call by reference with the same force and effect as if it were given in full text. Upon request, the Government will make its full text available. Also, the full text of a HHSAR clause may be accessed electronically at this address: http://www.hhs.gov/grants/contracts/contract-policies-regulations/hhsar/index.html

· HHSAR 352.237-75, Key Personnel (December 2015)

18.0 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCORPORATED BY REFERENCE

This Task Order/Call incorporates the following additional FAR clause(s) by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a FAR clause may be accessed electronically at https://www.acquisition.gov/?q=browsefar.

· FAR 52.204-9, Personal Identity Verification of Contractor Personnel (January 2011)

· FAR 52.216-18, Ordering (October 1995)

The second sentence of FAR 52.216-18 is hereby modified to read as follows:

“Such orders may be issued during the period of performance of the Delivery Order/Call.”

· FAR 52.216-19, Order Limitations (October 1995)

FAR 52.216-19 is hereby modified to read as follows:

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500.00 the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $2,500,000.00 ;

(2) Any order for a combination of items in excess of $15,000,000.00 ; or

(3) A series of orders from the same ordering office within 10 calendar days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

· FAR 52.216-21, Requirements (October 1995)

The last sentence in Part (d) is hereby modified to read as follows:

“…..provided that the Contractor shall not be required to make any deliveries under this Delivery Order/Call after 03-31-20.”

· FAR 52.217-9, Option to Extend the Term of the Contract (March 2000)

· FAR 52.219-1, Small Business Program Representations (October 2014)

· FAR 52.219-6, Notice of Total Small Business Set-Aside (November 2011)

· FAR 52.219-8, Utilization of Small Business Concerns (November 2016)

· FAR 52.219-14, Limitations on Subcontracting (November 2011)

· FAR 52.219-28, Post-Award Small Business Program Representation (July 2013)

· FAR 52.227-17, Rights in Data – Special Works (December 2007)

· FAR 52.237-3, Continuity of Services (January 1991)

· FAR 52.239-1, Privacy and Security Safeguards (August 1996)

· FAR 52.232-33, Payment by Electronic Funds Transfer – System of Award Management (July 2013) FAR 52.245-1, Government Property (April 2012); with Alternate I (April 2012)

· FAR 52.245-2, Government Property Installation Operation Services (April 2012)

Government Property Installation Operation Services (April 2012)

(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an “as-is, where is” condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.

(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.

(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.

(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.

(e) Government property provided under this clause:

Laptops

(End of clause)

· FAR 52.245-9, Use and Charges (April 2012)

· FAR 52.246-1, Inspection of Services – Firm Fixed Price (Aug 1996)

· FAR 52.246-6, Inspection of Services – Tine and Material and Labor Hours (May 2001)

19.0 ATTACHMENTS

· Contractor’s Quotation dated ___________________

20.0 ORDER OF PRECEDENCE

Any inconsistency in this Task Order/Call shall be resolved by giving precedence in the following descending order of priority:

· The terms and conditions of this Award.

· Contractor’s Quotation dated _____________________ Addendum to Terms & Conditions: Human Capital Support and Sourcing and Identification of Highly Qualified Job Seekers for Mission-Critical Federal IT Positions