RFP CB10-RFP0003 AV Upgrade-final draft.docx

RFP No. CB10-RFP0003

A/V Upgrade for Conference Rooms

Issued by:

Congressional Budget Office Washington, D.C.

www.cbo.gov/procurement

TABLE OF CONTENTS

PART I—THE SCHEDULE

SECTION A – SOLICITATION/CONTRACT FORM

Standard Form 1449 1

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D – PACKAGING AND MARKING

D.1 Identification of Contract Deliverables 13

SECTION E – INSPECTION AND ACCEPTANCE

E.1 CBO 07 Inspection and Acceptance 14

SECTION F – DELIVERIES OR PERFORMANCE

SECTION G – CONTRACT ADMINISTRATION DATA

SECTION H – SPECIAL CONTRACT REQUIREMENTS

PART II—CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

PART III—LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

Attach. 1 Contractor’s Proposal

PART IV—REPRESENTATIONS AND INSTRUCTIONS

(This Part will not be included in the contract document)

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M – EVALUATION FACTORS FOR AWARD

RFP No. CB10-RFP0003 A/V Upgrade for Conference Rooms Page i

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 GENERAL DESCRIPTION

The Congressional Budget Office (CBO) has a requirement for a contractor to renovate the audio/video systems in four conference rooms. The purpose of the renovation is to upgrade older technology and simplify the capabilities of each room.

The Contractor shall provide a design for each of the conference rooms, remove old equipment where appropriate and install new, and submit as-built schematics and system programming of the final installation.

B.2 PRICE SCHEDULE

This is a firm fixed-price contract. The line item prices applicable to this contract are listed below.

Video Conference Capability

Internet Access

Subtotal

Grand Total

(1) For labor, provide fully burdened rates (general and administrative, overhead, and profit) listing each discipline and the number of hours associated with that discipline.

(2) For items, furnish a listing of the major pieces of equipment and hardware (i.e., controllers, displays, speakers, etc.) that the offeror includes in their proposal to implement the proposed design. Provide the quantity and unit price of each item. Miscellaneous items such as wiring and cabling shall be combined in one generic line. The term “unit price” means the actual cost paid by the offeror to its supplier of the product plus all costs of delivery FOB Destination to CBO, plus the Contractor’s standard markup rates for overheads, General and Administrative (G&A), and profit. Prices should include the standard manufacturer’s warranty.

END OF SECTION B

RFP No. CB10-RFP0003 A/V Upgrade for Conference Rooms Page 49

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Renovation of the CBO Conference Room Audio/Video Systems

C.1 BACKGROUND

The Congressional Budget Office has four major conference rooms, each with some degree of audio/video capability. This Statement of Work (SOW) outlines the requirements of a renovation to the current systems. The intent of this SOW is to provide a description of the current A/V capabilities and solicit the most efficient and effective plan that accomplishes the renovation requirements. CBO encourages proposals that will achieve a combination of expanded capabilities and streamlined operations at a reasonable cost through innovative system design.

The current CBO conference room technology was originally designed and installed in 2000 and has had only minor periodic updates as needed. The current systems need renovation due to the changing requirements of staff, and because the 10 year old technology is not easily repaired or replaced.

The Contractor shall provide all materials, equipment, labor, engineering, programming, installation, shipping, and 1st year on-call service necessary to provide and install the A/V system in the four conference rooms in accordance with this SOW.

C.2 CURRENT CONFIGURATIONS AND RENOVATION GOALS

CBO has four conference rooms (483, 407, 414, and 453) with different levels of A/V capability. One goal of the renovation is to incorporate similar operations in each room so that staff will not require separate training for each. CBO staff should be able to walk into any of the CBO conference rooms and know which technologies are available and exactly how to accomplish the technical aspects of their meeting. Conference rooms are reserved online and are used quite frequently by the 240 staff members as well as outside groups.

C.2.1 DESCRIPTION AND CONFERENCE ROOM FLOOR PLANS

Conference Room 483 is the flagship conference room for CBO. This is the largest conference room and is where press conferences and annual meetings are held. The room capacity is currently 60-80 people depending on the configuration. The room has an annex with 2-way mirrored window for the A/V equipment and operation technician. Additional equipment is housed in a podium approximately fifty feet from the annex. Three wall-mounted monitors and one podium monitor are connected to display images from a PC in the podium, a guest laptop, DVD player, or document camera – controlled through a Crestron system. This room is also designed to broadcast and record meetings on an internal networked V-Brick system. Broadcast includes audio from the conference room, and video from the same feed to the monitors or from wall-mounted cameras in the room. Microphones are suspended from the ceiling and mounted at the podium. Satellite transmission (C-SPAN, CNN, etc.) has been made available via installed cables connecting the conference room to the rooftop of the building. A Polycom conference phone is available for use in this room, but is not integrated into the A/V system. Other than one window in the back corner of the room, all lighting is from 2x4 overhead fluorescent fixtures.

A/V Annex

Technology Equipment:

· Three 40in and 60in Plasma Display Screens

· Conference Phone

· Connectors to Display Laptop Video/Sound

· Crestron A/V Control Pad

· Desktop PC w/Remote Keyboard/Mouse

· Document Camera

· Internet Connection

· Microphone

· VCR/DVD

Conference Room 407, also known as the Director’s Conference Room, has a capacity of around 20 people. This room has a single plasma display with a SmartBoard overlay. A document camera, a PC or a guest laptop can be displayed on the screen. A local Extron switch controls the room’s A/V equipment. Wall-mounted speakers and ceiling tile speakers are installed for audio from the PC or laptop. A Polycom speakerphone is available for conference call participants. This conference room has four windows and an entrance into a kitchen area. The room has windows on two sides and additional lighting is from 2x4 overhead fluorescent fixtures.

Technology Equipment:

· 50in Diagonal Plasma Display Board

· Conference Phone

· Connectors to Display Laptop Video/Sound

· Document Camera

· Easel Pads

· Internet Connection

· Laptop PC with Remote Keyboard/Mouse

· TV

Conference Room 414 is equipped with a ceiling mounted projector and a Smartboard that can display presentations from a PC or guest laptop. Speakers attached to the PC provide audio for presentations in this room. A Polycom speaker phone is available for conference call participants. This room has one glass wall to the corridor, but no other windows. All lighting is from 2x4 overhead fluorescent fixtures.

Technology Equipment:

· Ceiling Mounted LCD Projector

· Conference Phone

· Internet Connection

· Laptop PC with Remote Keyboard/Mouse

· Smart Board

· White Board

Conference Room 453 is our least technical conference room. This room has a motorized inceiling mounted screen. A portable projector can be set-up to connect to a PC in the room for presentations. A Polycom conference phone is available. This room has no windows and also serves as a reference room for our library. All lighting is from 2x4 overhead fluorescent fixtures.

Technology Equipment:

· Conference Phone

· LCD Projector

C.2.2 CONFERENCE ROOM RENOVATION GOALS

(a) Conference Room 483 will remain the flagship conference room for CBO. Existing equipment can be used to renovate the A/V in providing similar existing capabilities in an integrated and easy to operate system. Operating the system should be able to be accomplished in the conference room, in the annex room or from a desktop within the CBO network. Changes to the overhead lighting could be considered.

The following are the minimum required capabilities:

Inputs:

· Presenter (network) laptop/PC at podium

· Connection for a guest laptop

· Document camera

· DVD player

· In-room cameras Outputs:

· Monitor displays (existing, augmented)

· V-Brick broadcasting/recording (x2)

· Mult box for audio available for press

· Camera feeds available for press Audio:

· Microphones and speakers should be integrated into a conference speakerphone system so that participants can call into a meeting and be part of the broadcast/recording

· Audio recordings of presentations (without video)

(b) Conference Rooms 407, 414, and 453 will each have similar capabilities (even if the display equipment is different). Each room should be able to be operated in a similar manner for presentations from a dedicated networked PC/laptop or a guest laptop, or a document camera. Each room will have microphones and speakers that can be used to amplify the room and will be integrated with conference phone equipment. System equipment should be able to be operated within the room and by a centralized desktop operator. Smartboard technology should be incorporated where possible.

The following are the minimum required capabilities:

Inputs:

· Presenter (network) laptop/PC

· Connection for a guest laptop

· Document camera

· In-room cameras for video conferencing Outputs:

· Monitor displays (existing, augmented)

· V-Brick broadcasting/recording (x2)

· Mult box for audio available for press

· Camera feeds available for press Audio:

· Microphones and speakers should be integrated into a conference speakerphone system so that participants can call into a meeting and be part of the broadcast/recording

(c) Internet access and video conferencing are desired optional capabilities for all conference rooms. Wireless internet or hard-wired data jacks and electric outlets at the table would allow meeting participants to access their own information while attending a meeting. Simple web-based video conferencing ability is desirable and should be tied into the A/V display in each room. The cost for providing these capabilities should be included in the lump sum price for the optional line items in the Price Schedule.

C.3 TESTING

The Contractor shall test all A/V sources after installation and perform a site acceptance test with the COTR to ensure full functionality of the system.

C.4 TRAINING

The Contractor shall provide technical training to approximately two (2) CBO technical staff. The technical training should be conducted in the actual conference room environments and be “hands-on.” All identified users must be trained.

The Contractor shall also provide functional training to CBO staff. The training shall be held in one of the conference rooms and be a “brown bag” type of casual session, lasting no more than one hour.

C.5 MAINTENANCE SERVICE

The Contractor shall provide service calls for one year from the date of substantial completion. Response to service call requests shall be within 24 hours via phone or email and onsite within 48 hours. If the issue cannot be resolved within 3 business days, the Contractor shall provide loaner equipment to replace broken equipment at no additional charge.

CBO may extend the service agreement annually, in accordance with the contract clause entitled “Option to Extend the Term of the Contract.”

C.6 DELIVERABLES

In addition to installing, testing and commissioning a complete working A/V system, the Contractor shall provide the following items for the equipment installed under this contract:

(1) One copy of the final system programming codes in electronic format.

(2) One copy of the final as-built line drawings in both electronic and hard copy formats. The drawings must show interconnections between the conference rooms, intranet/internet, and other equipment as necessary.

(3) A list of installed equipment, room numbers, serial numbers, and manufacturer contact information.

(4) All system manuals and warranties for all products compiled in a binder, in both electronic and hard copy formats.

C.7 LIMITATIONS AND CONSIDERATIONS

(a) The Congressional Budget Office is located in the Ford House Office Building (FHOB) on Capitol Hill and is part of the House of Representatives campus. Security for the buildings is the responsibility of the Capitol Police and access and restrictions are authorized through their procedures. The Architect of the Capitol (AOC) and the Superintendent of Buildings have authority over the Ford House Office Building and coordination of work done in and around this facility are subject to approval by the Superintendent. All work must be coordinated in advance with the Contracting Officer’s Technical Representative (COTR), who will then coordinate with the appropriate parties as necessary.

(b) Core drilling and floor channeling are not allowed in the renovation of space in the Ford House Office Building. No cables or wires can be run under the carpet or carpet pads.

(c) The Contractor shall remove and dispose of all old A/V cabling and all packing material waste and trash.

(d) Any software not expressly developed by or for this project (third party and otherwise) must be reviewed and approved by the COTR prior to being loaded or stored on any CBO computer. This includes third party controls, publicly available software (“freeware”), or code developed for previous projects and retained by the contractor for subsequent reuse. All software developed for CBO becomes CBO property upon acceptance of the product.

C.8 PROTECTION OF EXISTING INSTALLATIONS AND STRUCTURE

The Contractor shall safeguard the existing FHOB facilities, installations and equipment from any potential harm resulting from their operations. Any materials furnished by the Contractor to provide protection of the existing facilities, installations and equipment, shall remain the property of the Contractor and, upon completion of the work, shall be removed from the jobsite by the Contractor.

Drawings included in this SOW are for information only, pertaining to the general layout of the conference rooms, and do not show all equipment and materials existing in work areas.

The Contractor shall repair, at Contractor expense, any damage to real or personal property caused by Contractor action or by failure of the Contractor to adequately protect the property. If the Contractor fails to make such repairs in a timely manner, CBO may elect to repair the damage and to charge the Contractor the costs of repair.

C.9 ACCESS TO JOBSITE

CBO is accessible via public or private transportation. The office building is located across the street from the Federal Center SW Metrorail station (on the orange and blue lines), with primary entrances on 2nd Street, SW, and 3rd Street, SW. Limited street and garage parking are available but are not provided by CBO.

See clause CBO 41, Off-Site Delivery Center Information, for information on delivering shipments to the Ford House Office Building.

C.10 OTHER CONTRACTS

The government may undertake or award other contracts for additional work in or around the conference room facilities. The Contractor shall fully cooperate with the other Contractors and with government employees and shall carefully adapt scheduling and performing the work under this SOW to accommodate the other work, heeding any direction that may be provided by the CO. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor or government employees.

END OF SECTION C

SECTION D

PACKAGING AND MARKING

D.1 IDENTIFICATION OF CONTRACT DELIVERABLES

Unless otherwise specified, all documents prepared and submitted by the Contractor to CBO under this contract shall include the following information on the cover page of each document:

(a) Name and business address of the Contractor;

(b) Contract number;

(c) Point of Contact; and

(d) Date of transmittal.

END OF SECTION D

SECTION E

INSPECTION AND ACCEPTANCE

E.1 CBO 07 INSPECTION AND ACCEPTANCE (MAY 2003)

The Contractor shall only tender for acceptance those supplies or services that conform to the requirements of this contract. CBO reserves the right to inspect or test any supplies or services that have been tendered for acceptance. CBO may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Payment for any supplies or services hereunder is without prejudice to any and all claims that CBO may have against the Contractor.

END OF SECTION E

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PERFORMANCE PERIOD – BASE AND OPTION YEARS (FEB 2007)

The overall performance period of this contract consists of the following time periods:

(a) The development and implementation period will commence on the date of contract award. The on-site work, including testing and clean-up, must be completed by October 31, 2010.

(i) CBO may exercise the options for the optional line items at the time of contract award. Performance of the work will occur concurrent with the work for Line Item 001.

(b) The performance period for the first schedule year of maintenance will commence upon the Contractor completing all installation work required under the SOW (substantial completion), and will extend for one calendar year.

(c) If the succeeding options for maintenance are exercised, the performance periods for Years 2 through 5 will begin on the anniversary of the first year commencement date and extend for 12 months each.

F.2 HOURS OF PERFORMANCE

Except as may be otherwise specified by the COTR, the normal hours of operation at the Ford House Office Building are 8:30 AM to 5:00 PM, Monday through Friday, excluding all Federal Government holidays.

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract.

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

The word “deliverables” shall be interpreted to include data, manuals, certifications, reports, charts, and other items furnished by the Contractor for approval, informational, and other purposes.

The Contractor shall deliver intermediate and final system products as directed by the COTR. These products will include (but are not limited to):

· Program specifications

· System design documents

· Program/System testing plans and results

· Completed internally-documented code (extensive use of comments which will include (at a minimum): module headers, procedure headers, and descriptive comments throughout each procedure)

· Periodic formal status reports.

(b) Cost. Unless specified otherwise, no separate payment will be made for preparing and furnishing deliverables to CBO and the cost thereof shall be included in the prices offered for the applicable items of work requiring the deliverables or other items of work.

END OF SECTION F

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER’S AUTHORITY (JUN 2004)

The Contracting Officer is the only person authorized to make or approve any changes to any of the requirements of this contract, notwithstanding any provision contained elsewhere in this contract. In the event that the Contractor makes any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

G.2 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) (MAR 2005)

CBO will provide the name, address and telephone number of the COTR at the time of contract award and the duties thereby delegated to that person. Any subsequent change to the individual designated or the individual’s responsibilities will be confirmed in writing by the Contracting Officer. In no instance will the COTR be delegated authority to order any change in the Contractor’s performance which would affect cost, scope or schedule.

(b) The conference will be held at the Ford House Office Building in Washington, D.C.

(c) CBO and the Contractor will agree to the date and time of the conference after award of the contract. In event of a conflict in schedules, the Contracting Officer shall establish the date for the conference.

(d) The Contractor shall include any associated costs for attendance at the meeting in its offer.

END OF SECTION G

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 SPECIAL INSPECTION PROCEDURES (JAN 2007)

All persons entering the Ford House Office Building shall gain access to the building by passing through magnetometer screening devices. In addition, all handbags and all hand-carried items shall be screened by x-ray devices prior to entry into the building.

H.2 CBO 41 OFF-SITE DELIVERY CENTER INFORMATION (APRIL 2006)

Before proceeding to the Ford House Office Building loading dock or the street-level delivery site on Virginia Avenue, SW, all non-U.S. Postal Service deliveries are required to report to the U.S. Capitol Police OffSite Delivery Center for inspection:

No deliveries will be accepted unless vehicles have been processed at the Off-Site Delivery Center. The hours of operation of the OffSite Delivery Center are 5:00 am to 2:00 pm, Monday through Friday.

In order to gain access to the loading docks of the U.S. Capitol complex, delivery companies are required to have a letter on file with the U.S. Capitol Police. The letter must be on company letterhead accompanied by the signature of the owner, president, or manager. Requests for access should contain the following information:

1. Name of the delivery company

2. Name of each driver and employee requiring access, in alphabetical order

3. Social Security Number of each driver and employee requiring access

4. Date of birth for each driver and employee requiring access

5. Building(s) to be accessed

6. Company contact person and phone number

This information must be provided to:

It is highly recommended that the required information be provided to the U.S. Capitol Police prior to an anticipated delivery, and a copy of the company letter requesting access be included with the shipping manifest. Requests for access must be renewed three (3) times per year: April 30, August 31, and December 31. Any questions regarding this procedure can be directed to the U.S. Capitol Police at the telephone number listed above.

The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the effects of the offsite delivery requirement, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation; and (2) uncertainties of weather, traffic, road construction or closures, and similar physical conditions at the site. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the government.

This clause shall be included in all subcontracts or agreements between the Contractor and any third-party entities that include requirements for delivering items to CBO. CBO will not make adjustments to the contract value or time as a result of Contractor delays related to the off-site delivery requirement when those delays do not fall under the scope of clause CBO 14, Excusable Delays.

H.3 INCORPORATION OF CONTRACTOR’S PROPOSAL

The Contractor’s technical and cost proposal will be incorporated as an attachment and made a part of this contract at the time of award. In the event of any inconsistency between the provisions of this contract and the Contractor’s technical proposal, the contract provisions take precedence.

The Contractor shall perform all services as specified under this contract and set forth in the Contractor’s proposal.

END OF SECTION H

SECTION I

CONTRACT CLAUSES

I.1 CBO 01 TERMS AND CONDITIONS LIMITED (MAY 2003)

This contract expressly limits acceptance to terms and conditions stated herein. Any additional or different terms and conditions proposed by the Contractor are rejected unless expressly agreed to by the Congressional Budget Office (CBO) in writing. If the Contractor commences shipment or performance pursuant to this contract, then the Contractor shall be deemed to have agreed to and accepted this contract in its entirety, including its terms and conditions as set forth herein.

(b) 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 the electronic funds transfer was made by CBO.

(c) Payment due date. The payment due date shall be the 30th day after CBO’s Office of Financial Management has received a proper invoice from the Contractor. However, if that Office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor’s invoice; provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. If the contract does not require submission of an invoice for payment, the due date will be, and CBO shall pay the Contractor, as specified in the contract.

E-mail invoices to:

invoices@cbo.gov Fax invoices to:

(202) 226-3879 Mail/deliver invoices to:

Office of Financial Management Congressional Budget Office 2nd and D Streets SW Washington, DC 20515 Tel: (202) 226-2609

NOTICE: Mailing invoices to CBO’s street address in lieu of electronic submission may delay payment. Due to the special mail handling procedures currently in effect, it can take up to 2 weeks for CBO to receive invoices through the mail. Electronic submission is the preferred invoice submission method.

(b) A proper invoice must include the items below. If the invoice does not comply with these requirements, the Contractor shall be notified of the defect within seven (7) days after receipt of the invoice by CBO’s Office of Financial Management.

(1) Name and address of the Contractor;

(2) Invoice number and date;

(3) The Contractor’s Tax Identification Number;

(4) Purchase Order or contract number or other authorization for supplies delivered or services performed;

(5) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services rendered;

(6) Name, title, phone number, and mailing address of person to be notified in the event of a defective invoice;

(7) Any other information or documentation required by the contract.

If the contract is for a subscription, the invoice must also include the following items:

(8) The starting and ending dates of the subscription delivery; and

(9) Either that orders have been placed in effect for the addressees required, or that the orders will be placed in effect upon receipt of payment.

(1) provided by the Contractor on the CBO Vendor Survey form; or

(2) obtained MANUALLY by CBO from the Central Contractor Registration (CCR) database.

(1) provide a revised CBO Vendor Survey form; or

(2) notify CBO Procurement Services that changes have been entered into the CCR (CBO DOES NOT MAINTAIN AN AUTOMATED LINK TO CCR).

(1) Description of services to be performed;

(2) Time of performance;

(3) Place of delivery or performance.

(4) Drawings, designs, or specifications when supplies to be furnished are to be specially manufactured for CBO.

I.7 CBO 10 RISK OF LOSS / TITLE (MAY 2003)

Unless specified elsewhere in this contract—

(1) title to supplies furnished under this contract shall pass to CBO upon acceptance; and

(2) risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until delivery of the supplies to CBO’s place of business.

I.9 CBO 12 ENDORSEMENTS/NEWS RELEASES/ADVERTISING (MAY 2003)

The Contractor agrees not to refer to this contract or CBO, in advertising, promotional or any other materials, in such a manner as to state or imply that the products or services provided are endorsed or preferred by CBO or are considered by CBO to be superior to other products or services. No news release, press conference, or advertisement pertaining to this contract will be distributed or broadcast without prior written approval by CBO.

I.10 CBO 13 OBLIGATIONS CONTINGENT ON FUTURE APPROPRIATION (MAY 2003)

Unless otherwise provided in this contract, CBO’s obligation under this contract in any fiscal year beyond the fiscal years for which this contract is entered into is contingent on the availability of appropriated funds.

I.11 CBO 14 EXCUSABLE DELAYS (MAY 2003)

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. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, describing the matter in detail, shall remedy such occurrence expeditiously, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. The Contracting Officer shall ascertain the facts and extent of the nonperformance. If the Contracting Officer determines that any nonperformance results from an occurrence beyond the reasonable control of the Contractor, the delivery schedule or performance period shall be revised, subject to the rights of CBO under the termination clauses of this contract.

I.12 CBO 15 WAIVER OF DEFAULT (MAY 2003)

Waiver by either party of any default by the other hereunder shall not be deemed a waiver by such party of any other, subsequent default.

I.13 CBO 16 TERMINATION FOR CONVENIENCE (MAY 2003)

CBO reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor will be notified by the Contracting Officer, in writing, and 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 CBO have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

I.14 CBO 17 TERMINATION FOR DEFAULT (MAY 2003)

CBO 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 CBO, upon request, with adequate assurances of future performance. In the event of termination for cause, the Contractor will be notified by the Contracting Officer in writing. CBO shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to CBO for any and all rights and remedies provided by law. If it is determined that CBO improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $50,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.

(2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $50,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor.”

(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

Government Accountability Office Contract Appeals Board 441 G Street N.W., Room 7182 Washington DC 20548 Fax: (202) 512-9749 E-mail: CAB@gao.gov

(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor’s specific reasons for rejecting the offer.

(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

I.16 CBO 19 COMPLIANCE WITH LAWS (MAY 2003)

The Contractor shall comply with all applicable Federal, State, and local laws, rules and regulations applicable to its performance under this contract. The Contractor further agrees to hold CBO harmless from any and all liabilities, claims, fines, penalties, including reasonable costs and settlements, which may arise out of the delivery by the Contractor of goods or supplies or the furnishing of services that do not meet the requirements of any applicable laws or regulations. In addition, to the greatest extent practicable, all equipment and products delivered under this Contract shall be American-made.