ADF Combined Synopsis Solicitation-RFQ-ADF-11-Q-CIO-023 LAN Administrator Position.pdf

U.S. AFRICAN DEVELOPMENT FOUNDATION (ADF) Solicitation # ADF-11-Q-CIO-023

LAN ADMINISTRATOR

In accordance with FAR 12.603, the following information is provided:

i. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information in this notice. This announcement constitutes the only solicitation;

quotes proposals are being requested and a written solicitation will not be issued.

ii. The solicitation number is ADF-11-Q-CIO-023. This solicitation is issued as a Request for Quote (RFQ) by the U.S. African Development Foundation (USADF) in Washington, D.C. for a Personal Services Contract (PSC) for a LAN Administrator. Individuals may only apply.

iii. The solicitation and the provisions and clauses incorporated therein are those that are in effect through Federal Acquisition Circular 2005-50, May 16, 2011.

iv. This solicitation is a 100% set-aside for small business. The NAICS code is 541-

Professional, Scientific and Technical Services /541519 Other Computer Related

Services = $25 million

v. The list of Contract Line Items, Quantities and Unit of Measure is as follows: (Contract

Type: Firm Fixed Price will be awarded)- Please See Attachment 2

vi. The description of the requirements for the above is provided in the attachments 1 through 4.

vii. The provisions at FAR 52.212-1, ―Instructions to Offerors – Commercial,‖ applies to this acquisition.

viii. Award will be made to the offeror whose quote provides the best value to

Government.

ix. The offerors should include a completed copy of the provision at FAR 52.212-3, ―Offeror Representations and Certifications-Commercial,‖ with the quote.

However, if the offeror’s information is current and complete in the Online

Representations and Certifications Application (ORCA) (www.ccr.gov), the offeror must submit a statement to that effect.

x. FAR 52.212-4,‖Contract Terms and Conditions – Commercial Items,‖ is applicable.

xi. FAR 52.212-5, ―Contract Terms and Conditions Required to Implement Statutes or

Executive Orders – Commercial Item,‖ is applicable.

xii. Additional requirements.

The offeror shall identify the point of contact who is authorized to bind to the order.

ADF will award one fixed price order to fulfill the requirements in this RFQ.

THE OFFERORS MUST PROVIDE A PRICE FOR EACH LINE ITEM IDENTIFIED IN

SECTION ATTACHMENT 2. ADF reserves the right to withdraw; modify; or eliminate this requirement in whole, or in part, at their discretion. Alternative quotes will not be evaluated.

ADF intends to award without discussions. Therefore, the offerors shall provide their best, complete quote with their initial submission.

Quote Questions: Questions may be submitted to the Contract Specialist, Ms.

Joy Hughes (Non-Fed), JHughes@usadf.gov , via email only on or before June 20, 2011, at 2

PM Eastern Standard Time (EST). Follow-up/additional questions will not be accepted after this date and time. Answers to submitted questions will be provided posted. Telephone inquiries will not be addressed.

Evaluation Factors: The quotes will be evaluated as follows:

See Attachment 2: Price Sheet

xiii. The Defense Priorities and Allocations System is not applicable.

xiv. Quote Due Date: No later than 2:00 PM EST on June 24, 2011. Electronic

Submission: Quotes in response to this RFQ shall be submitted electronically submitted to jhughes@usadf.gov.

Attachments:

Attachment 1: Statement of Work

Attachment 2: Price Sheet

Attachment 3: Evaluation Factors

Attachment 4: FAR Provisions and Clauses mailto:JHughes@usadf.gov mailto:jhughes@usadf.gov

ATTACHMENT 1:

STATEMENT OF WORK

LAN Administrator

1. BACKGROUND/DESCRIPTION

The United States African Development Foundation is an independent Federal agency established to support African-designed and African-driven solutions that address grassroots economic and social problems. The grants help organizations create tangible benefits such as increasing or sustaining the number of jobs in a community, improving income levels, and addressing social development needs. USADF is a public corporation with a seven member Board of Directors who are nominated by the U.S. President and confirmed by the U.S. Senate.

2. SUMMARY OF COMPUTER SERVICES

The requirement is for a Personal Services Contract (PSC) to provide for on-site information technology services and technical support for the ongoing maintenance and administration of the

Foundation’s IT infrastructure providing mission critical e-mail services, file sharing, and Internet services. The services are primarily engaged in providing on-site management and operation of clients' computer systems and/or data processing facilities.

These services are to provide professional advice and assistance to ADF management and staff, both in Washington D.C. These on-site computer support services are required to provide for direct maintenance and system-wide enhancements to ensure ADF’s efficiency, and ongoing productivity.

2.1 ADF’s CURRENT TECHNOLOGY ENVIRONMENT

ADF is a Federal grant-making public independent corporation and can be characterized as a micro-agency with approximately 150 staff members both here and in Africa. Approximately 50 of these staff members are here in Washington, the rest are locally-hired contractors in Africa.

To support its mission and the work of its staff, the Foundation operates an internal computer network. Network integrity and reliability is critical to ADF’s operations and e-mail and Internet connectivity is critical to ADF’s ability to work with its partners and clients throughout Africa.

The ADF network is best characterized as a Local Area Network (LAN) and includes various servers, client computers, printers, firewalls, intrusion detection systems, offline storage devices, routers, switches and other devices deployed both in our offices in Washington, DC, and in

Africa. The internal network utilizes Microsoft Windows operating systems and application software.

2.2 ADF’s IT SECURITY MANAGEMENT

ADF’s LAN and systems run within a very secure but unclassified environment that maintains compliance with security requirements defined by FISMA.

3. TASKS

The Contractor shall include the provision of professional computer support services and assistance to supplement existing in-house support staff in conducting daily IT operations.

3.1 SPECIFIC TASKS

1. Monitor, maintain and administer Foundation IT and Telecommunications Services to ensure availability, security, and reliability of mission-critical and core network services.

Foundation IT Services include (but are not limited to):

• Active Directory Domain Services (Accounts creation, passwords reset etc.)

• Microsoft Exchange Messaging Services (Email and Blackberry)

• File Sharing Services

• Microsoft Office 2010 suite of Applications

• Remote users support

• Cisco Voice Over IP (VOIP) Support

• Image, troubleshoot and deploy desktops

• Monitor and document network related problems

2. Manage backend maintenance and administration operations to ensure that the

Foundation’s IT Infrastructure is secure, backed up, and in conformance with federal regulations. Backend management functions include (but are not limited to):

• Management of server backups and off-site archiving

• Management of enterprise-wide Antivirus services

• Regular and timely patching of servers and workstations to mitigate security vulnerabilities.

3. Provide Help Desk Customer Support Services for all IT support issues for on-site personnel and overseas users, as needed. Typical support requests may include:

• Account administration, password resets, account unlocking

• Desktop support and troubleshooting

• Application installation and troubleshooting

• Hardware break-fix repair.

4. Provide Mission Critical After-Hours Support on an as-needed basis to ensure availability of IT Services in response to emergencies that impact mission-critical services or disaster recovery scenarios.

5. Comply with all internal Foundation policies and external regulations including (but not limited to) the Privacy Act, e-government act of 2002, and the Federal Information

Security Management Act (FISMA).

6. Provide hardware support, including normal maintenance of IT equipment and the installation of upgrades or improvements including patch management

7. Documentation of activities as assigned in support of FISMA, Certification and

Accreditation, and hardware deployment projects.

4. PERFORMANCE PERIOD

The performance period of this contract is for a period of six months with the option to renew this contract for (1) one Option Period of 4 months. The estimated period of performance will be

July 7, 2011-November 30, 2011.

5. REQUIRED SKILLS & EXPERIENCE

The Contractor personnel shall have the following skills and experience:

A minimum of 3 years of experience working with or in a Microsoft Windows Server

2003/2008 enterprise environments based on a Microsoft Active Directory architecture.

Basic knowledge to advanced knowledge of the following: SMTP, Microsoft Office 2010 suite of Applications, Cisco Call Manager and Unity Connection, Windows 7 and XP

Professional in an Enterprise environment.

Basic to advanced knowledge of Networking and understanding of network architecture but not limited to Ethernet (Cat 5e) cabling, DNS and DHCP, Anti-virus and Anti-Spam technologies. Knowledge of Network Management and monitoring systems.

Excellent troubleshooting skills and extensive knowledge of desktop imaging and application deployment. Ability to perform backups and restore functions using

Symantec’s BackupExec software.

Ability to communicate professionally with USADF staff as well as track/update and close effectively help desk calls.

6. CONFIDENTIALITY OF DATA

Due to the sensitivity and confidentiality of much of the data handled by ADF, the Contractor shall maintain confidentiality of all documents, data, and other information supplied to it by ADF, in accordance with all applicable Federal guidelines and regulations. The Contractor agrees, in the performance of this contract, to keep all information obtained or otherwise reviewed as a result of this contract in the strictest of confidence. The Contractor acquires no possessory and no proprietary interests in such information. The Contractor agrees not to disclose any information concerning the work under this contract to any persons or entities unless prior written approval is obtained from the Contracting Officer. The Contractor agrees not to publish, reproduce, or otherwise divulge such information in whole or in part, in any manner or form, at any time, during or following contract performance, nor to authorize or permit others to do so. The

Contractor agrees to take such reasonable measures as are necessary to restrict access to such information to those employees of the Contractor needing such information to perform the work provided on this order, on a ―need to know‖ basis. The Contractor agrees to immediately notify the COTR in the event that he or she determines, or has reason to suspect a breach of any of these requirements or restrictions, and to provide written notification as soon as possible.

Confidentiality is essential to satisfactory performance. The Contractor will prevent any person other than the Contractor’s team members (or other person for whom access is necessary) from seeing or having access to information in the possession or under the control of the Contractor.

The Contractor will prevent any person from disclosing the contents or description of documents, data, or information to any person not authorized under this order or by ADF to have access to such documents or information. The Contractor will prevent removal of any documents, data, or information from the Contractor’s premises without authorization by appropriate ADF officials.

Each Contractor employee performing work under this order shall sign and submit a Non-

Disclosure Agreement ,which identifies what is required of the Contractor with respect to non-disclosure of certain information and the penalties associated with noncompliance with those requirements. The Contractor shall provide the signed Non-Disclosure Agreements to the

Contracting Officer with a copy to the COTR within five working days prior to commencing work. No Contractor employee shall begin work under this order until the COTR has accepted his/her Non-Disclosure agreement. The Contractor agrees to include similar requirements in any subcontracts, which it may enter into regarding or supporting work under this order and furnish the Contracting Officer and COTR one of each subcontractor employee’s Non-Disclosure

Agreement within five working days after execution of the subcontract. Any Contractor employees assigned to the order at a later date must execute a Non-Disclosure Agreement upon assignment and one executed copy shall be provided to the Contracting Officer and one to the

COTR within five working days of the employees’ assignment to the order. The Contractor will report to the Contracting Officer any breach of confidence by any person as soon as the breach is known.

7. DELIVERABLES OR PERFORMANCE

7.1 PLACE OF PERFORMANCE

The Statement of Work (SOW) is to be performed at ADF’s Headquarters in Washington, D.C.

where the primary computer operations and key security personnel are located. ADF will furnish appropriate office space, supplies, and equipment for official use only.

7.2 WORK HOURS AND OPERATION

The Contractor shall provide services during normal work hours, between 8 a.m. to 5 p.m., Monday through Friday, excluding federal holidays as listed in Section4D.

Additional after hours support may be required, to ensure the health of IT systems and availability of IT Services. Maintenance and patching of the server and workstation infrastructure should be conducted during non-business hours to minimize impact on IT services during core business hours.

Scheduled Absences. The Contractor shall schedule absences such as vacation, continuing education and any other changes that could impact services at least 2 weeks in advance.

Unscheduled Absences. The Contractor shall notify the COTR if unable to work (e.g. illness) and make arrangements for replacements as needed.

8. CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

The Information Technology Office (ITO) is the designated COTR . No representation by the

COTR shall serve as a basis for an alteration in the general scope of this contract or in the terms and conditions unless confirmed in writing by the Contracting Officer. The contract must be modified in writing by the Contracting Officer in the event of a change in the contract. The

Contractor must communicate with the Contracting Officer on all matters pertaining to the contract terms. Proceeding with work without proper contractual coverage could result in nonpayment for that work.

The ADF Designated COTR for this effort is:

Mr. Solomon Chi, Supervisory IT Specialist

SChi@usadf.gov

202-233-8862

9. FEDERAL HOLIDAYS

Holidays in each calendar year are identified as follow

New Year's Day – January 1;

Martin Luther King Jr.'s birthday - third Monday in January;

Presidents' Day - third Monday in February;

Memorial Day - last Monday in May;

Independence Day - July 4;

Labor Day - 1st Monday in September;

Columbus Day - second Monday in October;

Veterans' Day - November 11;

Thanksgiving Day - 4th Thursday in November;

Christmas Day - December 25

Any other day designated by Federal statute, executive order or Presidential proclamation.

When any holiday falls on Saturday, the preceding Friday is observed. When any holiday falls on

Sunday, the following Monday is observed. Observance of such days by Government personnel shall not in itself be a cause for an additional period of performance, or entitlement of compensation except as set forth within the contract.

10. GOVERNMENT FACILITY CLOSURES

The Government (ADF) reserves the right to close the facilities due to weather conditions, safety, health, or medical emergencies as necessary. Contractor personnel may be required to remain on duty to maintain the facility in the event of such adverse weather conditions or emergencies.

11 CONTRACTOR PERSONNEL

The contractor shall complete work in accordance with the time and quality standards specified herein.

mailto:SChi@usadf.gov

11.1 STANDARDS OF CONDUCT

The contractor, although in fact not a Government employee shall comply with Executive Order

11222, May 8,1965, ―Prescribing Standards of Ethical Conduct for Government officers and

Employees,‖ and comply with ADF regulations implementing this Executive order. Each contractor employee is expected to adhere to standards of conduct that reflect credit on themselves, their employer, the U.S. Department of Homeland Security and the Federal

Government. The contractor shall maintain satisfactory standards of employee competency, conduct, appearance, and integrity, and for taking such disciplinary action against his/her employees as may be necessary. The Government reserves the right to direct the contractor to remove an employee from the work site for failure to comply with the standards of conduct. The contractor shall initiate immediate action to replace such an employee to maintain continuity of services at no additional cost to the Government.

11.2 CONTRACTOR BENEFITS

Since this is a Personal Services Contract (PSC) providing onsite support in the Washington, D.C.

Office, ADF may provide the following benefits at the agency’s discretion:

Leave-Contractor is entitled to 2 hours of leave every pay period

Metro Reimbursement- Metro costs reimbursable up to $230 per month

Medicare and Social Security Employer Contribution- ADF will pay 7.65% per salary

Healthcare Reimbursement – ADF will reimburse the Contractor for medical insurance premiums expenses which will be determined at the time of award. The Contractor shall provide proof of payment before reimbursement will be made.

12 SECURITY REQUIREMENTS

12.1 ACCESS TO INFORMATION

ADF shall have and exercise full control over granting, denying, withholding or terminating unescorted access to government facilities and/or access to sensitive Government information for these contractor employees, based upon the need.

12.2 CONTINUED ELIGIBILITY

ADF reserves the right and prerogative to deny and/or restrict the facility and information access of any Contractor employee whose actions are in conflict with the standards of conduct, 5 CFR

2635 and 5 CFR 3801, or whom ADF determines to present a risk of compromising sensitive

Government information to which he or she would have access under this contract.

The Contractor will report any adverse information coming to their attention concerning contract employees under the contract to ADF’s COTR. Reports based on rumor or innuendo should not be made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees’ name and social security number, along with the adverse information being reported.

ADF may require drug screening for probable cause at any time and/ or when the contractor independently identifies, circumstances where probable cause exists.

The COTR must be notified of all terminations/ resignations within five days of occurrence. The

Contractor will return any expired ADF issued identification cards and building passes, or those of terminated employees to the COTR. If an identification card or building pass is not available to be returned, a report must be submitted to the COTR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card.

13. TERMINATION

ADF may terminate performance of work under this contract as follows:

A. ADF may terminate performance of work under this contract in whole or, from time to time, in part:

a. For cause, which may be effected immediately after establishing the facts warranting the termination , by giving written notice and a statement of reasons to the Contractor in the event the Contractor:

i. Commits a breach or violation of any obligations herein contained;

ii. Commits fraud in obtaining this contract;

iii. Is guilty as determined by ADF of misconduct in the host country.

Upon such termination, the Contractor’s right to compensation shall cease when the period specified in such notice expires or the last day on which the Contractor performs services hereunder, whichever is earlier.

b. For the convenience of ADF, by giving not less than fifteen (15) calendar days’ advance written notice to the Contractor. Upon such a termination, the

Contractor’s right to compensation shall cease when the period specified in such notice expires except that the contractor shall be entitled to any accrued, unused vacation leave.

B. No cost of any kind incurred by the Contractor after the date such notice is delivered shall be reimbursed hereunder except as approved by the Contracting Officer. If any costs relating to the period subsequent to such date have been paid by ADF, the Contractor shall promptly refund to ADF any such prepayment as directed by the Contracting

Officer.

C. The Contractor, with the written consent of the Contracting Officer, may terminate this contract upon at least fifteen (15) days’ written notice to the Contracting Officer.

14. OPTION TO EXTEND TERM OF THE CONTRACT

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 10 months.

ATTACHMENT 2:

PRICE QUOTE

15. OFFEOR PRICE QUOTE:

Base Period

Hourly Total

Item No. Description Quantity Rate Price

0001 LAN Administrator 6 Months Per Hour

0002 Additional Surge Hours 6 Months Per Hour

Total Price: $

Option Period

Hourly Total

Item No. Description Quantity Rate Price

0101 LAN Administrator 4 Months Per Hour

0102 Additional Surge Hours 4 Months Per Hour

Total Price: $

Grand Total:

(Base, Plus Option Period)

ATTACHMENT 3: EVALUATION FACTORS

16. EVALUATION FACTORS:

Technical, Past Performance and Price

16.1 TECHNICAL - Factor 1

SubFactor 1- Experience

Minimum Requirements

• A minimum of 3 years of experience working with Microsoft Windows Server 2003/2008 enterprise environments based on Microsoft Windows Active Directory architecture.

• Basic knowledge to advanced knowledge of the following: SMTP, Microsoft Office 2010 suite of Applications, Cisco Call Manager and Unity Connection, Windows 7 and XP

Professional in an Enterprise environment.

• Excellent troubleshooting skills and extensive knowledge of desktop imaging and application deployment. Ability to perform backups and restore functions using

Symantec’s Backup Exec software.

• Basic to advanced knowledge of Networking and understanding of network architecture but not limited to Ethernet (Cat 5e) cabling, DNS and DHCP, Anti-virus and Anti-Spam technologies. Basic knowledge of Network Management and monitoring systems.

• Experience resolving complex technical problems involving multiple causal elements and/or integrated systems. Basic knowledge of VPNs and remote support.

• Ability to document projects related on on-going FISMA and Certification and

Accreditation Projects and other projects as required.

SubFactor 2- Education

Bachelor’s Degree (4 years of College) in a computer related field like computer engineering, computer science, information systems, mathematics, or statistics.

SubFactor 3- Interview

All the candidates who clearly meet the Technical Experience/Education Requirements will be scheduled for an interview.

If you should be selected as a candidate for an interview, the selecting managers may pose questions with regard to your professional skill relating to verbal communications, teambuilding, time management and customer service skills.

16.2 Past Performance-Factor 2

The offeror's past performance will be evaluated after completion of the technical evaluation and interview. Evaluation will be based on information obtained from references provided by the offeror.

16.3 Price –Factor 3

Price will be evaluated to determine whether it is reasonable and if it reflects the offeror’s understanding of the work.

17. BASIS OF RATING

Satisfactory Professional Reference Checks - Pass/Fail (no points assigned)

17.1 BASIS FOR AWARD:

Evaluation—Commercial Items (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical and past performance, when combined, is more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ATTACHMENT 4

18. FAR CLAUSES and PROVISIONS:

FEDERAL ACQUISITION CLAUSES

This contract incorporates one or more 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 clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

Instructions to Offerors-Commercial Items (Oct 2000)

(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;

(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 or 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.

https://www.acquisition.gov/

(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 East 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) The DoD Index of Specifications and Standards (DoDISS) and documents listed in it may be obtained from the-

Department of Defense Single Stock Point (DoDSSP)

Building 4, Section D

700 Robbins Avenue

Philadelphia, PA 19111-5094

Telephone (215) 697-2667/2179

Facsimile (215) 697-1462.

(i) Automatic distribution may be obtained on a subscription basis.

(ii) Order forms, pricing information, and customer support information may be obtained-

(A) By telephone at (215) 697-2667/2179; or

(B) Through the DoDSSP Internet site at http://assist.daps.mil.

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

(j) Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $25,000.)

The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number that identifies the offeror's name and address.

If the offeror does not have a DUNS number, it should contact Dun and Bradstreet to obtain one at no charge. An offeror within the United States may call 1-800-333-0505. The offeror may obtain more information regarding the DUNS number, including locations of local Dun and

Bradstreet Information Services offices for offerors located outside the United States, from the

Internet home page at http://www.customerservice@dnb.com. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.com.

(End of provision)

52.212-4 Contract Terms and Conditions—Commercial Items (June 2010)

Contract Terms and Conditions—Commercial Items (June 2010)

(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 the Contract Disputes Act of 1978, as amended

(41 U.S.C. 601-613). 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.

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_233_240.html#wp1113304 https://www.acquisition.gov/far/current/html/52_200_206.html#wp1137572

(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, contract 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—Central Contractor Registration, or 52.232-34, Payment by

Electronic Funds Transfer—Other Than Central Contractor Registration), 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.— https://www.acquisition.gov/far/current/html/52_232.html#wp1153351 https://www.acquisition.gov/far/current/html/52_232.html#wp1153375 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(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 contract 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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;

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/current/html/52_212_213.html#wp1179527 https://www.acquisition.gov/far/current/html/Subpart%2033_2.html#wp1079912

(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 https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031290 https://www.acquisition.gov/far/current/html/Subpart%2032_6.html#wp1031326 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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986;

41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly

American; and 41 U.S.C. 423 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, and Compliance…