CB10-RFQ0001 HP Servers.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

R1 CB2010-0077

5. SOLICITATION NUMBER

CB10-RFQ0001

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

01/21/2010

7. FOR SOLICITATION

INFORMATION CALL

a. NAME Acquisitions Office

b. TELEPHONE NUMBER (No collect calls) 202-226-9850

8. OFFER DUE DATE / LOCAL

TIME

01/22/2010 17:00:00

CODE

Acquisitions Office Congressional Budget Office 406 FHOB 2nd & D Sts., SW Acquisitions@cbo.gov Washington, DC 20515

9. ISSUED BY

X UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS

SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

EMERGING SMALL BUSINESS

8(A)

NAICS:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB

DESTINATION UNLESS

BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS RATED ORDER

UNDER DPAS (15 CFR 700)

b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

CODE15. DELIVER TO

Congressional Budget Office, Supply Store 2nd and D Streets, SW Room 476 FHOB Washington, DC 20515-0001

CODE16. ADMINISTERED BY

Acquisitions Office Congressional Budget Office 406 FHOB 2nd & D Sts., SW Acquisitions@cbo.gov

FACILITYCODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

CODE18a. PAYMENT WILL BE MADE BY Congressional Budget Office Office of Financial Management invoices@cbo.gov OR Fax: 202-226-3879 Washington, DC 20515

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

(Use Reverse and/or Attach Additional Sheets as Necessary)

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

1 Hardware, Server 2.000000 EA

Delivery Date:

Description: HP Proliant DL785 G6 8439 SE 2.8G 4P 64GB SVR RM-SVR

SYST; Part# AM438A

Extended Description:

See Continuation Sheet for additional lines

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27A. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN____COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED. YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 FAR) 53.21.2

Q4 - CB10-RFQ0001 Page 1 of 14

Summary Info Continuation Page Continuation Sheet Additional Information

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

2 Hardware, Server Total : 2.000000 EA

Period of Performance: - Description: HP Proliant DL785 OPT 8439 SE 2.8G DL785 4P KIT AMD- MP CHIP; Part # 575261-B21

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: R1 CB2010-0077 - 2

Contract/BPA Number: - 2

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

3 Hardware, Server Total : 64.000000 EA

Period of Performance: - Description: HP Proliant DL785 8GB REG PC2-6400 2X4GB KIT SYSMEM MEM; Part# 497767-B21

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: R1 CB2010-0077 - 3

Contract/BPA Number: - 3

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

4 Hardware, Server Total : 10.000000 EA

Period of Performance: - Description: HP Proliant 146GB 15K 2.5 SAS DP HDD SASHD 2.5; Part# 504062-B21

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: R1 CB2010-0077 - 4

Contract/BPA Number: - 4

Q4 - CB10-RFQ0001 Page 2 of 14

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

5 Hardware, Server Total : 2.000000 EA

Period of Performance: - Description: HP Proliant DVDRW 8X EIDE BLACK SLIMLINE TRAY DVD INT; Part# 383975-B21

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: R1 CB2010-0077 - 5

Contract/BPA Number: - 5

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

6 Hardware, Server Total : 2.000000 EA

Period of Performance: - Description: HP Proliant NC382T PCIE DP GIGABIT SVR ADPTR GBE CTLR; Part# 458492-B21

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: R1 CB2010-0077 - 6

Contract/BPA Number: - 6

Number Commodity Name Quantity Unit of Issue Unit Price Total Cost (Inc. disc and tax)

7 Maintenance, Server Total : 2.000000 EA

Period of Performance: - Description: HP Proliant HP 4Y NBD PROLIANT DL785 HW SUPPORT; Part# UJ790E

Delivery Schedule:

Delivery Number Delivery Date Quantity

Purchase Request Reference Line: R1 CB2010-0077 - 7

Contract/BPA Number: - 7

IDC Constraints Line Item

Line Number Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount

Descriptions & Specifications IDC Constraints Document

Q4 - CB10-RFQ0001 Page 3 of 14

RFQ No. CB10-RFQ0001 Page 4 of 14

Quote Submission Instructions

1. Include all applicable information on the SF-1449 form, including any GSA or other contract number, TIN, and complete Account Rep. contact information.

2. Offerors may quote items as Open Market, GSA, or other GWAC contract.

3. All items must be quoted.

4. Specify a delivery date or days after receipt of an order for Line Item 1. This delivery date will also apply to all other deliverable items on the quote.

5. If shipping or freight is not included in the unit cost, provide this cost as a separate line item.

6. Submit your quote to e-mail address Acquisitions@cbo.gov or fax No. (202) 226-2714.

RFQ No. CB10-RFQ0001 Page 5 of 14

Contract Clauses

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.

CBO 03 Payment (May 2003)

(a) Upon submission of proper invoices or time statements to the designated office and at the time(s) provided for in this contract, CBO shall pay the Contractor –

(1) the prices stipulated in this contract for supplies delivered and accepted, less any deductions provided in this contract. Unless otherwise specified, payment shall be made upon acceptance of any portion of the work delivered or rendered for which a price is separately stated in the contract; or

(2) at the rates prescribed for the services performed by the Contractor and accepted as set forth in this contract. If provided for in this contract, CBO shall also pay the Contractor –

(i) A per diem rate in lieu of subsistence for each day the Contractor is in a travel status away from home or regular place of employment in accordance with CBO’s travel policy as authorized in appropriate Travel Orders; and

(ii) Any other transportation expenses.

(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.

CBO 05 Invoice (Oct 2005)

(a) Unless this contract does not require submission of an invoice for payment, the Contractor’s invoices must be submitted before payment can be made. An invoice is the Contractor’s bill or written request for payment under the contract for supplies delivered or services performed. An invoice shall be prepared and submitted to the Office of Financial Management by one of the following methods:

Method 1 (preferred) Method 2 Method 3 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.

(i) Name and address of the Contractor;

(ii) Invoice number and date;

(iii) The Contractor’s Tax Identification Number;

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

RFQ No. CB10-RFQ0001 Page 6 of 14

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

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

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

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

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

(ix) 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.

CBO 06 Method of Payment (April 2005)

(a) All payments by CBO under this contract shall be made by electronic funds transfer (EFT). CBO shall make payment to the Contractor using the EFT information –

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

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

(b) CBO need not make payment to the Contractor under this contract, and any invoice shall be deemed not to be a proper invoice for the purpose of the payment clause under this contract, unless and until CBO has been provided or has been able to obtain the Contractor’s EFT information under paragraph (a).

(c) The Contractor shall be responsible for notifying CBO when the Contractor’s EFT information changes. The Contractor shall either:

(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).

(d) (1) If an incomplete or erroneous transfer occurs because CBO used the Contractor’s correct EFT information inaccurately, CBO remains responsible for making a correct payment and recovering any erroneously directed funds.

(2) If an incomplete or erroneous transfer occurs because the Contractor’s EFT information was incorrect, or was revised within 30 days of release of the EFT payment transaction instruction to the Federal Reserve System, then—

(a) if the funds are no longer under the control of the designated billing office, CBO is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or

(b) if the funds remain under the control of the designated billing office, CBO shall not make payment until the Contractor provides CBO with the notification required in paragraph (b).

(e) CBO shall forward to the Contractor available payment information at the request of the Contractor. CBO does not guarantee that any particular format or method of delivery is available and retains the latitude to use the format and delivery method most convenient to CBO.

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 re-performance of nonconforming services at no increase in contract price. Payment for any supplies or services hereunder shall not be deemed an acceptance thereof and is without prejudice to any and all claims that CBO may have against the Contractor.

CBO 08 Assignment (May 2003)

(a) Neither this contract nor the obligation of the Contractor to perform shall be assigned or delegated by the Contractor without CBO’s consent.

(b) The Contractor may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency.

(c) If the Contractor assigns the proceeds of this contract, the Contractor shall require as a condition of any such assignment, that the assignee submit a completed Vendor Survey form and shall be paid by EFT in accordance with the terms of the Method of Payment clause of this contract. In all respects, the requirements of that clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the payment to be other than the

RFQ No. CB10-RFQ0001 Page 7 of 14

Contractor, in the absence of a proper assignment of claims acceptable to CBO, is incorrect EFT information within the meaning of paragraph (b) of clause CBO 06, Method of Payment.

CBO 09 Changes (May 2003)

(a) CBO may at any time, by written order, make changes within the general scope of this contract in any one or more of the following:

(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.

(b) If any such change causes an increase or decrease in the cost of, or the time required for, performance of any part of the work under this contract, CBO shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract.

(c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order. However, if CBO decides that the facts justify it, CBO may receive and act upon a proposal submitted before final payment of the contract.

(d) Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

CBO 10 Risk of Loss / Title (May 2003)

(a) 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.

CBO 11 Warranties (May 2003)

(a) The Contractor warrants free and clear title to all delivered products and further warrants that the products shall be free from defects in workmanship, material or design and shall conform either to the description and specifications in this contract or consistent with the sample of said product provided to CBO.

(b) The Contractor warrants that the products, in the form delivered to CBO, are free from any valid claim for patent infringement and that any labels or trademarks affixed thereto by or on behalf of the Contractor are free from any valid claim for copyright or trademark infringement and agrees to save and hold harmless and indemnify CBO against such infringement liability based upon CBO’s possession thereof without alteration.

(c) The goods and services provided shall be free from defects in materials and workmanship for a period of at least ninety (90) days after completion of performance (in the case of services) or after acceptance (in the case of goods or supplies) unless a longer warranty period is provided or is required by law. Should the Contractor’s services or goods or supplies prove to be defective within the warranty period, the Contractor agrees to promptly replace or repair the goods or supplies or correct such services to CBO’s satisfaction without cost to CBO.

(d) Unless this contract specifies otherwise, the Contractor represents that all goods, supplies, and other materials provided are new and are not of such age or so deteriorated as to impair their usefulness or safety.

(e) Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to CBO for consequential damages resulting from any defect or deficiencies in accepted items.

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.

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 year for which this contract is entered into is contingent on the availability of appropriated funds.

RFQ No. CB10-RFQ0001 Page 8 of 14

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.

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.

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.

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.

CBO 18 Disputes (April 2008) Alternate I (Dec 1991)

(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613), and as modified by Section 1501 of Title I of Division H of the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, 121 Stat. 1844 (2008).

(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause.

(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

RFQ No. CB10-RFQ0001 Page 9 of 14 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.

(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(f) The Contracting Officer’s decision shall be final unless the Contractor appeals, within 90 days of receipt of a Contracting Officer’s decision, to the following authority:

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.

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.

CBO 20 Affirmative Action for Workers with Disabilities (May 2001)

(a) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices such as—

(1) Recruitment, advertising, and job application procedures;

(2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;

(3) Rates of pay or any other form of compensation and changes in compensation;

(4) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;

(5) Leaves of absence, sick leave, or any other leave;

(6) Fringe benefits available by virtue of employment, whether or not administered by the Contractor;

RFQ No. CB10-RFQ0001 Page 10 of 14

(7) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training;

(8) Activities sponsored by the Contractor, including social or recreational programs; and

(9) Any other term, condition, or privilege of employment.

(b) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amended.

(c) The Contractor agrees to post employment notices stating—

(1) The Contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities; and

(2) The rights of applicants and employees.

(d) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer.

(e) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified individuals with physical or mental disabilities.

(f) If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.

(g) The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $10,000 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance.

CBO 21 Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible

Veterans (Sept 2006)

a. Definitions. As used in this clause—

“All employment openings” means all positions except executive and top management, those positions that will be filled from within the Contractor's organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days duration, and part-time employment.

“Executive and top management” means any employee—

(1) Whose primary duty consists of the management of the enterprise in which the individual is employed or of a customarily recognized department or subdivision thereof;

(2) Who customarily and regularly directs the work of two or more other employees;

(3) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight;

(4) Who customarily and regularly exercises discretionary powers; and

(5) Who does not devote more than 20 percent or, in the case of an employee of a retail or service establishment, who does not devote more than 40 percent of total hours of work in the work week to activities that are not directly and closely related to the performance of the work described in paragraphs (1) through (4) of this definition. This paragraph (5) does not apply in the case of an employee who is in sole charge of an establishment or a physically

RFQ No. CB10-RFQ0001 Page 11 of 14 separated branch establishment, or who owns at least a 20 percent interest in the enterprise in which the individual is employed.

“Other eligible veteran” means any other veteran who served on active duty during a war or in a campaign or expedition for which a campaign badge has been authorized.

“Positions that will be filled from within the Contractor’s organization” means employment openings for which the Contractor will give no consideration to persons outside the Contractor’s organization (including any affiliates, subsidiaries, and parent companies) and includes any openings the Contractor proposes to fill from regularly established “recall” lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of its organization.

“Qualified special disabled veteran” means a special disabled veteran who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such veteran holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.

“Special disabled veteran” means—

(1) A veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Department of Veterans Affairs for a disability—

(i) Rated at 30 percent or more; or

(ii) Rated at 10 or 20 percent in the case of a veteran who has been determined under 38 U.S.C. 3106 to have a serious employment handicap (i.e., a significant impairment of the veteran’s ability to prepare for, obtain, or retain employment consistent with the veteran’s abilities, aptitudes, and interests); or

(2) A person who was discharged or released from active duty because of a service-connected disability.

“Veteran of the Vietnam era” means a person who—

(1) Served on active duty for a period of more than 180 days and was discharged or released from active duty with other than a dishonorable discharge, if any part of such active duty occurred—

(i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or

(ii) Between August 5, 1964, and May 7, 1975, in all other cases; or

(2) Was discharged or released from active duty for a service-connected disability if any part of the active duty was performed—

(i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or

(ii) Between August 5, 1964, and May 7, 1975, in all other cases.

b. General.

(1) The Contractor shall not discriminate against the individual because the individual is a special disabled veteran, a veteran of the Vietnam era, or other eligible veteran, regarding any position for which the employee or applicant for employment is qualified. The Contractor shall take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans without discrimination based upon their disability or veterans' status in all employment practices such as—

(i) Recruitment, advertising, and job application procedures;

(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring;

(iii) Rate of pay or any other form of compensation and changes in compensation;

(iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;

(v) Leaves of absence, sick leave, or any other leave;

RFQ No. CB10-RFQ0001 Page 12 of 14

(vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor;

(vii) Selection and financial support for training, including apprenticeship, and on-the-job training under

38 U.S.C. 3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training;

(viii) Activities sponsored by the Contractor including social or recreational programs; and

(ix) Any other term, condition, or privilege of employment.

(2) The Contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor issued under the Vietnam Era Veterans’ Readjustment Assistance Act of 1972 (the Act), as amended (38 U.S.C. 4211 and 4212).

c. Listing openings.

(1) The Contractor shall immediately list all employment openings that exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract, and including those occurring at an establishment of the Contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, at an appropriate local public employment service office of the State wherein the opening occurs. Listing employment openings with the U.S. Department of Labor’s America’s Job Bank shall satisfy the requirement to list jobs with the local employment service office.

(2) The Contractor shall make the listing of employment openings with the local employment service office at least concurrently with using any other recruitment source or effort and shall involve the normal obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing of employment openings does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment.

(3) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State public employment agency in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State agency, it need not advise the State agency of subsequent contracts. The Contractor may advise the State agency when it is no longer bound by this contract clause.

d. Applicability. This clause does not apply to the listing of employment openings that occur and are filled outside the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands of the United States, and Wake Island.

e. Postings.

(1) The Contractor shall post employment notices in conspicuous places that are available to employees and applicants for employment.

(2) The employment notices shall—

(i) State the rights of applicants and employees as well as the Contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are special disabled veterans, veterans of the Vietnam era, and other eligible veterans; and

(ii) Be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance

Programs, Department of Labor (Deputy Assistant Secretary of Labor), and provided by or through the Contracting Officer.

(3) The Contractor shall ensure that applicants or employees who are special disabled veterans are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled veteran, or may lower the posted notice so that it can be read by a person in a wheelchair).

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(4) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement, or other contract understanding, that the Contractor is bound by the terms of the Act and is committed to take affirmative action to employ, and advance in employment, qualified special disabled veterans, veterans of the Vietnam era, and other eligible veterans.

f. Noncompliance. If the Contractor does not comply with the requirements of this clause, the Government may take appropriate actions under the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.

g. Subcontracts. The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Deputy Assistant Secretary of Labor to enforce the terms, including action for noncompliance.

CBO 22 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans (Sept 2006)

(a) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on—

(1) The number of special disabled veterans, the number of veterans of the Vietnam era, and other eligible veterans in the workforce of the Contractor by job category and hiring location; and

(2) The total number of new employees hired during the period covered by the report, and of the total, the number of special disabled veterans, the number of veterans of the Vietnam era, and the number of other eligible veterans;

and

(3) The maximum number and the minimum number of employees of the Contractor during the period covered by the report.

(b) The Contractor shall report the above items by completing the Form VETS-100, entitled “Federal Contractor Veterans’ Employment Report (VETS-100 Report).”

(c) The Contractor shall submit VETS-100 Reports no later than September 30 of each year beginning September 30, 1988.

(d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date:

(1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or

(2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).

(e) The Contractor shall base the count of veterans reported according to paragraph (a) of this clause on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.S.C. 4212 shall invite all special disabled veterans, veterans of the Vietnam era, and other eligible veterans who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that—

(1) The information is voluntarily provided;

(2) The information will be kept confidential;

(3) Disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment; and

(4) The information will be used only in accordance with the regulations promulgated under 38 U.S.C. 4212.

(f) The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.

RFQ No. CB10-RFQ0001 Page 14 of 14

CBO 41 Off-Site Delivery Center Information (April 2006)

(a) 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 Off-Site Delivery Center for inspection:

Off-Site Delivery Center 4700 Shepherd Parkway, SW Washington, DC 20032-5203

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

(b) 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:

United States Capitol Police Off-Site Inspection Fax: (202) 226-0571 Tel: (202) 226-0905

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.

(c) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the effects of the off-site 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.

(d) 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.