CB14-RFQ0002_Copiers.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

CB2014-0164

5. SOLICITATION NUMBER

CB14-RFQ0002

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

DATE

08/06/2014

7. FOR SOLICITATION INFORMATION

CALL:

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

8. OFFER DUE DATE / LOCAL

TIME

08/15/2014 17:00:00

CODE AOCBO

Acquisitions Office Congressional Budget Office 425B FHOB 2nd & D Streets, SW Acquisitions@cbo.gov Washington, DC 20515

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

ECONOMICALLY DISADVANTAGE

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NAICS: 333316

SIZE STANDARD: 1000 Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED 0 Days: 0.00 %

0 Days: 0.00 % 0 Days: 0.00 % 0 Days: 0.00 %

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

SSCBOCODE15. DELIVER TO

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

CODE AOCBO16. ADMINISTERED BY

Acquisitions Office Congressional Budget Office 425B FHOB 2nd & D Streets, SW Acquisitions@cbo.gov

FACILITY

CODE

CODE

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

See Lines

25. ACCOUNTING AND APPROPRIATION DATA

CBO-2014-01-10-1005-3161

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 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.

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. 5/2011)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Type: Q4 Document Number: CB14-RFQ0002 Page 1 of 25

Request for Quote No. CB14-RFQ0002 Page 2 of 25

Continuation of Blocks from SF-1449

1. Blocks 19 through 24: Schedule of Supplies/Services This is a firm fixed-price contract with four option years. During quote evaluation, the agency will determine whether to issue one or two purchase orders, and whether they will purchase or lease 13 multi-function devices (MFDs) and 1 high performance printer (HPP). A Base Period of one year of maintenance will be included in all purchase orders issued. The determination will be based on prices quoted, available funding, and the most advantageous arrangement for the agency.

If the agency decides to issue a purchase order for purchasing the MFDs and the HPP, award will be made using Schedules 1A and 1B. If the agency decides to issue a purchase order for leasing the MFDs and the HPP, award will be made using Schedules 2A and 2B. Offerors shall enter pricing for all applicable line items in Schedules 1A, 1B, 2A and 2B. If a line item is not applicable, offerors shall enter N/A or $0. Offerors may add lines for fees or charges, such as overages or per-page charges, as necessary.

Schedule 1A – Purchase MFDs w/ Option Years for Maintenance Line Item No.

Description Quantity Unit Unit Price Total Price

001 Equivalent replacement for B&W Konica-Minolta BizHub 751 / 601 copier machines 10 Each

002 Equivalent replacement for B&W

Konica-Minolta BizHub 501 copier machine 1 Each

003 Equivalent replacement for color

Konica-Minolta BizHub C552 copier machines 2 Each

004 Removal of existing equipment / installation delivery of new 1 Fee

005 Trade-in credit (if applicable) 1 Credit 006 Base Year:

Preventive Maintenance Services 1 YR

007 Option Year 1:

008 Option Year 2:

009 Option Year 3:

010 Option Year 4:

Total for Schedule 1A

Schedule 1B – Purchase High-Speed Printer w/ Option Years for Maintenance Line Item No.

Description Quantity Unit Total Price

001 Equivalent replacement for Heidelberg/Kodak DigiMaster 9110 1 Each

002 Removal of existing equipment / installation delivery of new 1 Fee

003 Trade-in credit (if applicable) 1 Credit 004 Base Year:

Request for Quote No. CB14-RFQ0002 Page 3 of 25

Schedule 1B – Purchase High-Speed Printer w/ Option Years for Maintenance Line Item No.

Description Quantity Unit Total Price

005 Option Year 1:

Preventive Maintenance Services 1 YR

006 Option Year 2:

Preventive Maintenance Services 1 YR

007 Option Year 3:

Preventive Maintenance Services 1 YR

008 Option Year 4:

Preventive Maintenance Services 1 YR

Total for Schedule 1B

Note: Offerors should enter the annual lease price for the equipment in Schedules 2A and 2B, based on a 5-year lease agreement. CBO will calculate the total cost for use during evaluation.

Schedule 2A – Lease MFDs w/ Option Years for Maintenance Line Item No.

Description Quantity Unit Unit Price Total Price

001 Equivalent replacement for B&W Konica-Minolta BizHub 751 / 601 copier machines 10 Each

002 Equivalent replacement for B&W

Konica-Minolta BizHub 501 copier machine 1 Each

003 Equivalent replacement for color

Konica-Minolta BizHub C552 copier machines 2 Each

004 Removal of existing equipment / installation delivery of new 1 Fee

005 Trade-in credit (if applicable) 1 Credit 006 Base Year:

007 Option Year 1:

008 Option Year 2:

009 Option Year 3:

010 Option Year 4:

011 Cancellation fee for early termination of lease agreement 1 Fee

Total for Schedule 2A

Schedule 2B – Lease High-Speed Printer w/ Option Years for Maintenance

Item No.

Description Quantity Unit Total Price

001 Equivalent replacement for Heidelberg/Kodak DigiMaster 9110 1 Each

Request for Quote No. CB14-RFQ0002 Page 4 of 25

Schedule 2B – Lease High-Speed Printer w/ Option Years for Maintenance

Item No.

Description Quantity Unit Total Price

002 Removal of existing equipment / installation delivery of new 1 Fee

003 Trade-in credit (if applicable) 1 Credit 004 Base Year:

Preventive Maintenance Services 1 YR 005 Option Year 1:

Preventive Maintenance Services 1 YR 006 Option Year 2:

Preventive Maintenance Services 1 YR 007 Option Year 3:

Preventive Maintenance Services 1 YR 008 Option Year 4:

Preventive Maintenance Services 1 YR 009 Cancellation fee for early termination of lease agreement 1 Fee Total for Schedule 2B

New equipment ONLY, NO remanufactured products, and NO “gray market”. All must be covered by the manufacturer’s warranty.

Request for Quote No. CB14-RFQ0002 Page 5 of 25

Part 2 – Statement of Work

The Congressional Budget Office has a requirement for replacement solutions for 13 Konica-Minolta BizHub copiers and one (1) Heidelberg/Kodak DigiMaster 9110 high-performance printer. CBO may lease or purchase the multi-function devices (MFDs) and the high-performance printer (HPP), depending on the most advantageous method determined as a result of the quote evaluation.

The Contractor shall provide, install, and maintain the MFDs and the HPP as well as train certain CBO employees on the use of the MFDs and HPP.

CBO intends to make a single contract award for the purchase or lease of the MFDs and HPP and the first year of maintenance and support. CBO may award two separate contracts for the purchase or lease of the MFDs and the HPP and the first year of maintenance at the discretion of the Contract Officer.

Offerors are requested to provide a description of their proposed solution, accompanied by any necessary specification sheets and product literature. The proposal should also include:

Ø The purchase cost and lease cost of the solution for comparison;

Ø The trade-in allowance for the existing MFDs and Heidelberg/Kodak DigiMaster;

Ø Any charges for removal of the MFDs and Heidelberg and delivery and set-up of the replacements; and Ø The cost per billing cycle for maintenance, usage, overages, and consumables (toner, staples, etc. but not paper).

1. Konica-Minolta BizHub Replacements The Konica-Minolta BizHub units were purchased by CBO in 2009.

A. Line Item 001: Equivalent replacement for existing B&W Konica-Minolta BizHub 751 / 601 copier machines. Equivalent must meet or exceed the specifications for the BizHub Pro 751, including the ability to print duplex and scan documents and send over the internal network using smtp protocol. Accessories MUST include a Stapling Finisher and a Large Capacity Paper Unit.

B. Line Item 002: Equivalent replacement for existing B&W Konica-Minolta BizHub 501 copier machine.

Equivalent must meet or exceed the specifications for the BizHub 501, including the ability to print duplex and scan documents and send over the internal network using smtp protocol. Accessories MUST include a Stapling Finisher and a Large Capacity Paper Unit.

C. Line Item 003: Equivalent replacement for existing color Konica-Minolta BizHub C552 copier machines.

Equivalent must meet or exceed the specifications for the BizHub C552, including the ability to print duplex and scan documents and send over the internal network using smtp protocol. Accessories MUST include a Stapling Finisher, a Large Capacity Paper Unit. One unit must also have a finisher that makes slim stapled pamphlets.

2. Heidelberg DigiMaster 9110 Replacement (High-speed Copier) The Heidelberg/Kodak DigiMaster 9110 unit was purchased by CBO in 2000, and has reached end-of-life for maintenance agreements. The monthly volume is approximately 2 million impressions. Approximately 10 users send print jobs to the Heidelberg.

Equivalent must meet or exceed the following core capabilities:

1. High-speed network-ready B&W printer: Able to accept print jobs via LAN from users

2. Fast warm-up speed (10 minutes or less)

3. Minimum speed of 110ppm

4. 600x600 DPI print resolution; 2400 x 600 DPI interpolated; 256 gradients of gray

5. 3,000-page output tray w/ offset stacking capability for unfinished sets

6. 100-sheet stapling capability; stapling in any corner and two in side margin

7. Finisher that can do stapled pamphlets with up to 88 pages of lightweight paper and 50 to 60 pages with text paper and cover stock

8. Finisher that trims the edges of the pamphlets

9. 3,000-page capacity input trays; minimum of 2 input trays that combined are capable of holding letter-, legal-, &

11x17-size paper

Request for Quote No. CB14-RFQ0002 Page 6 of 25

10. Support for 17-lb. bond to 110-lb. index paper

11. Automatic duplexing

12. Minimum toner yield of 80,000 impressions

13. Adobe Postscript 3; PCL 5e and PCL 6 PDL support

Value-added features that CBO is willing to consider include, but are not limited to, 2- and 3-hole paper punching, and the ability to customize printer driver settings for individual users based on their standard job settings.

The operating environment is a basement room. The space available for the replacement unit is currently occupied by the 64” by 20’ by 43” Heidelberg machine (HxLxD). An additional 3’ is available for the length to accommodate the walkthrough between the Heidelberg and the wall. Electrical power available at the site is 30 Amp/220 Volt. Existing receptacle is an L6-30R which can be reconfigured.

3. Maintenance Agreement The Contractor shall provide all required maintenance on the MFDs and HPP to ensure uninterrupted use of the units throughout the period of performance. Maintenance shall include supplying consumables (toner, staples, etc., but not paper), providing preventive maintenance (PM) and upgrades, and on-call repair services (including labor and parts).

The Contractor shall provide same-day or next-business-day service to repair and/or service equipment. For any repairs requiring 48 hours or longer to resolve, the Contractor shall provide a temporary replacement that can meet CBO’s requirements.

Payment shall be made according to the Contractor’s usual schedule, but not more frequently than monthly and not less frequently than quarterly.

4. Delivery and Installation The MFDs and HPP shall be delivered and installed within 14 days following award. The Contractor shall work in close coordination with the COTR to ensure that there is a seamless transition from the existing units used by CBO to the newly installed units. To assist in the transition from old MFDs and HPP to new, the Contractor shall provide delivery date(s) at least one week in advance. To ensure a seamless transition, prior hardware must remain in place for CBO staff use until the day of delivery and installation of the new MFDs and HPP. The Contractor shall be responsible for removal of existing equipment.

5. On-Site Training Within 3 days after delivery and installation of the MFDs and HPP, the Contractor shall provide training to approximately 5 employees on the features and usage of the equipment. Final acceptance and initial payment will not occur until the on—site training of designated CBO staff is satisfactorily completed. The on-site training shall cover all facets and functions of the MFDs and HPP, including but not limited to:

• Print/scan drivers, network print queue/job cancellation;

• Duplex copying;

• Finisher processing including staples, sorting, hole punch, booklets, binding;

• Paper management/paper trays;

• Basic error recovery, clearing paper jams, changing toner, ADF use, different-sized originals, enlarging, decreasing, adding markings at the borders such as date/time stamps, etc.

Request for Quote No. CB14-RFQ0002 Page 7 of 25

Part 3 – Contract Clauses

CBO 201-01 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 211-100 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 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.

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.

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.

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 249-14, Excusable Delays.

Request for Quote No. CB14-RFQ0002 Page 8 of 25

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.

CBO 211-101 Performance Period – Base Contract and Options (Feb 2007) The overall contract performance period of this contract consists of the following time periods:

(a) The delivery period for Line Item Nos. 001 through 003 of Schedule 1A/2A and Line Item No. 001 of

Schedule 1B/2B will commence on the date of award and extend for 14 calendar days thereafter.

(b) The performance period for the Line Items entitled “Base Year: Preventive Maintenance Services” will commence on the date of delivery and installation of the applicable equipment and extend one calendar year.

(c) If each successive option period is exercised (see contract clause CBO 217-09, Option to Extend the Term of the Contract), the performance periods for the Line Items entitled Option Years 1 through 4 of Preventive Maintenance Services will begin the day after completion of the base period and extend for 12 months each.

CBO 217-02 Cancellation Under Multi-year Contracts (Oct 1997)

(a) “Cancellation,” as used in this clause, means that the government is canceling its requirements for all supplies or services in program years subsequent to that in which notice of cancellation is provided. Cancellation shall occur by the date or within the time period specified in the Schedule, unless a later date is agreed to, if the Contracting Officer—

(1) Notifies the Contractor that funds are not available for contract performance for any subsequent program year; or

(2) Fails to notify the Contractor that funds are available for performance of the succeeding program year requirement.

(b) Except for cancellation under this clause or termination under the Default clause, any reduction by the Contracting Officer in the requirements of this contract shall be considered a termination under the Termination for Convenience clause.

(c) If cancellation under this clause occurs, the Contractor will be paid a cancellation charge not over the cancellation ceiling specified in the Schedule as applicable at the time of cancellation.

(d) The cancellation charge will cover only—

(1) Costs—

(i) Incurred by the Contractor and/or subcontractor;

(ii) Reasonably necessary for performance of the contract; and

(iii) That would have been equitably amortized over the entire multi-year contract period but, because of the cancellation, are not so amortized; and

(2) A reasonable profit or fee on the costs.

(e) The cancellation charge shall be computed and the claim made for it as if the claim were being made under the Termination for Convenience clause of this contract. The Contractor shall submit the claim promptly but no later than 1 year from the date—

(1) Of notification of the nonavailability of funds; or

(2) Specified in the Schedule by which notification of the availability of additional funds for the next succeeding program year is required to be issued, whichever is earlier, unless extensions in writing are granted by the Contracting Officer.

(f) The Contractor’s claim may include—

(1) Reasonable nonrecurring costs (see Subpart 15.4 of the Federal Acquisition Regulation) which are applicable to and normally would have been amortized in all supplies or services which are multi-year requirements;

(2) Allocable portions of the costs of facilities acquired or established for the conduct of the work, to the extent that it is impracticable for the Contractor to use the facilities in its commercial work, and if the costs are not charged to the contract through overhead or otherwise depreciated;

Request for Quote No. CB14-RFQ0002 Page 9 of 25

(3) Costs incurred for the assembly, training, and transportation to and from the job site of a specialized work force; and

(4) Costs not amortized solely because the cancellation had precluded anticipated benefits of Contractor or subcontractor learning.

(g) The claim shall not include—

(1) Labor, material, or other expenses incurred by the Contractor or subcontractors for performance of the canceled work;

(2) Any cost already paid to the Contractor;

(3) Anticipated profit or unearned fee on the canceled work; or

(4) For service contracts, the remaining useful commercial life of facilities. “Useful commercial life” means the commercial utility of the facilities rather than their physical life with due consideration given to such factors as location of facilities, their specialized nature, and obsolescence.

(h) This contract may include an Option clause with the period for exercising the option limited to the date in the contract for notification that funds are available for the next succeeding program year. If so, the Contractor agrees not to include in option quantities any costs of a startup or nonrecurring nature that have been fully set forth in the contract. The Contractor further agrees that the option quantities will reflect only those recurring costs and a reasonable profit or fee necessary to furnish the additional option quantities.

(i) Quantities added to the original contract through the Option clause of this contract shall be included in the quantity canceled for the purpose of computing allowable cancellation charges.

CBO 217-09 Option to Extend the Term of the Contract (March 2000)

(a) CBO may extend the term of this contract by written notice to the Contractor within 30 days before the contract expires; provided that CBO 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 CBO to an extension.

(b) If CBO 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 five (5) years.

CBO 222-35 Equal Opportunity for Veterans (Sept 2010)

(a) Definitions. As used in this clause— “All employment openings” means all positions except executive and senior 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.

“Armed Forces service medal veteran” means any veteran who, while serving on active duty in the U.S. military, ground, naval, or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 FR 1209).

“Disabled veteran” means—

(1) A veteran of the U.S. military, ground, naval, or air service, 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 Secretary of Veterans Affairs; or

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

“Executive and senior management” means—

(1) Any employee—

(i) Compensated on a salary basis at a rate of not less than $455 per week (or $380 per week, if employed in American Samoa by employers other than the Federal Government), exclusive of board, lodging or other facilities;

(ii) 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;

Request for Quote No. CB14-RFQ0002 Page 10 of 25

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

(iv) 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; or

(2) Any employee who owns at least a bona fide 20–percent equity interest in the enterprise in which the employee is employed, regardless of whether the business is a corporate or other type of organization, and who is actively engaged in its management.

“Other protected veteran” means a veteran who served on active duty in the U.S. military, ground, naval, or air service, during a war or in a campaign or expedition for which a campaign badge has been authorized under the laws administered by the Department of Defense.

“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 disabled veteran” means a disabled veteran who has the ability to perform the essential functions of the employment positions with or without reasonable accommodation.

“Recently separated veteran” means any veteran during the three–year period beginning on the date of such veteran’s discharge or release from active duty in the U.S. military, ground, naval or air service.

(b) General.

(1) The Contractor shall not discriminate against any employee or applicant for employment because the individual is a disabled veteran, recently separated veteran, other protected veterans, or Armed Forces service medal 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 individuals, including qualified disabled veterans, without discrimination based upon their status as a disabled veteran, recently separated veteran, Armed Forces service medal veteran, and other protected veteran in all employment practices including the following:

(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.

(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.

(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).

(3) The Department of Labor’s regulations require contractors with 50 or more employees and a contract of

$100,000 or more to have an affirmative action program for veterans. See 41 CFR Part 60-300, Subpart C.

Request for Quote No. CB14-RFQ0002 Page 11 of 25

(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 employment service delivery system where the opening occurs. Listing employment openings with the State workforce agency job bank or with the local employment service delivery system where the opening occurs shall satisfy the requirement to list jobs with the appropriate employment service delivery system.

(2) The Contractor shall make the listing of employment openings with the appropriate employment service delivery system 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 workforce 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, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, 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 disabled veterans, recently separated veterans, Armed Forces service medal veterans, and other protected veterans; and

(ii) Be in a form prescribed by the Director, Office of Federal Contract Compliance Programs, and provided by or through the Contracting Officer.

(3) The Contractor shall ensure that applicants or employees who are 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).

(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 disabled veterans, recently separated veterans, other protected veterans, and Armed Forces service medal 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. This includes implementing any sanctions imposed on a contractor by the Department of Labor for violations of this clause (CBO 222-35, Equal Opportunity for Veterans). These sanctions (see 41 CFR 60-300.66) may include—

(1) Withholding progress payments;

(2) Termination or suspension of the contract; or

(3) Debarment of the contractor.

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(g) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts 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 Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance.

CBO 222-36 Affirmative Action for Workers with Disabilities (Oct 2010)

(a) General.

(1) 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—

(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) Rates 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;

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

Contractor;

(vii) Selection and financial support for training, including apprenticeships, 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 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.

(b) Postings.

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

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

(ii) The rights of applicants and employees.

(2) 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.

(3) 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.

(c) Noncompliance. 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.

(d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 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 222-37 Employment Reports on Veterans (Sept 2010)

(a) Definitions. As used in this clause, “Armed Forces service medal veteran,” “disabled veteran,” “other protected veteran,” and “recently separated veteran,” have the meanings given in the Equal Opportunity for Veterans clause

CBO 222-35.

(b) 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—

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(1) The total number of employees in the contractor’s workforce, by job category and hiring location, who are disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans.

(2) The total number of new employees hired during the period covered by the report, and of the total, the number of disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans; and

(3) The maximum number and minimum number of employees of the Contractor or subcontractor at each hiring location during the period covered by the report.

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

(d) The Contractor shall submit VETS-100A Reports no later than September 30 of each year.

(e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect total new hires, and maximum and minimum number of employees, during the most recent 12–month period preceding the ending date selected for the report. 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).

(f) The number of veterans reported must be based on data known to the contractor when completing the VETS- 100A. The contractor’s knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for discrimination under 38 U.S.C. 4212.

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

CBO 227-03 Commercial Software, Data, or Subscription License & Agreement (July 2014)

(a) Notwithstanding any contrary provisions contained in the Contractor’s standard commercial license or agreement, the Contractor agrees that the contract terms shall take precedence over the Contractor’s standard commercial agreement and any related license agreements.

(b) The terms and provisions of this contract shall comply with Federal laws and CBO’s Procurement Guidelines.

(c) If included in the Contractor’s standard commercial agreement, the following provisions are unenforceable against CBO and shall not apply:

(1) Indemnification by the government;

(2) Governing law;

(3) Venue;

(4) Automatic renewal; and

(5) Any other provision that conflicts with federal law.

(d) This clause also applies to any related so-called “shrink-wrapped” license agreement or other end-user license agreement.

CBO 232-01 Payment (Oct 2012)

(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 –

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(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; 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, as an office of Congress, shall not be subject to late payment interest charges.

CBO 232-02 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:

Option 1 Option 2 Option 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.

(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.

CBO 232-19 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.

CBO 232-23 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

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

CBO 232-34 Method of Payment (July 2013)

(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 System for Award Management (SAM) 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 SAM database (CBO DOES NOT

MAINTAIN AN AUTOMATED LINK TO SAM).

(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 233-01 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.

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(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…