CB18-RFQ0006_Data_Center_Circuits_RFQ.pdf

REQUEST FOR QUOTES (RFQ)

FOR

DATA CENTER CIRCUITS

SOLICITATION NO. CB18-RFQ0006

Congressional Budget Office

Washington, DC

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

CB2018-0144 / CB2018-0145

5. SOLICITATION NUMBER

CB18-RFQ0006

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

DATE

05/08/2018

7. FOR SOLICITATION INFORMATION

CALL:

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

8. OFFER DUE DATE / LOCAL

TIME

05/31/2018 17:00:00

CODE AOCBO

Acquisitions Office Congressional Budget Office 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

EDWOSB

8(A)

NAICS: 517311

SIZE STANDARD: 1500 Employees

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

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 FHOB 2nd & D Streets, SW Acquisitions@cbo.gov

FACILITY

CODE

CODE

Telephone No.

17a. CONTRACTOR/

OFFEROR

AOCBOCODE18a. 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

See Line Item Detail

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. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

Document Number: CB18-RFQ0006 Page 1 of 39

Solicitation No. CB18-RFQ0006 Page 2 of 39

SF-1449 Continuation Sheet

Schedule 1A for Private Point-to-Point Circuit C1 from ACF to Data Center Base Year + Option Years

Item No. Schedule of Supplies/Services

Quantity Unit of Issue

Unit Price Amount

1. Provisioning of Data Circuit

1 Job N/A

2. Base Year: Data Circuit from ACF to Data Center

12 Month

3. Option Year 1: Data Circuit

4. Option Year 1: Data Circuit

5. Option Year 1: Data Circuit

6. Option Year 1: Data Circuit

Grand Total for Schedule 1A

Schedule 2A for Private Point-to-Point Circuit C2 from FHOB to Data Center Base Year + Option Years

Item No. Schedule of Supplies/Services

Quantity Unit of Issue

Unit Price Amount

1. Provisioning of Data Circuit

2. Base Year: Data Circuit from FHOB to Data Center

4. Option Year 2: Data Circuit

5. Option Year 3: Data Circuit

6. Option Year 4: Data Circuit

Grand Total for Schedule 2A

Schedule 3A for ACF Internet Circuit N1 Base Year + Option Years

Item No. Schedule of Supplies/Services

Quantity Unit of Issue

Unit Price Amount

1. Provisioning of Data Circuit at

ACF

2. Base Year: Data Circuit at at ACF

4. Option Year 1: Data Circuit

Solicitation No. CB18-RFQ0006 Page 3 of 39

5. Option Year 1: Data Circuit

6. Option Year 1: Data Circuit

Grand Total for Schedule 3A

Schedule 4A for Data Center Internet Circuit N2 Base Year + Option Years

Item No. Schedule of Supplies/Services

Quantity Unit of Issue

Unit Price Amount

1. Provisioning of Data Circuit at Data Center

2. Base Year: Data Circuit at at Data Center

4. Option Year 2: Data Circuit

5. Option Year 3: Data Circuit

6. Option Year 4: Data Circuit

Grand Total for Schedule 4A

The line items in Schedules 1B through 4B for the “Cancellation Ceiling” are the maximum cancellation charge that will be paid to the Contractor in the event that funding is not received for contract years 2 or 3. The cost is based on the costs submitted with the offer. The cancellation charge represents the amount of unrecovered costs which would have been recouped through amortization over the full term of the contract, including the term canceled.

CBO will notify the Contractor 60 days before the end of each contract year as to the status of funding availability for the next contract year.

Schedule 1B for Private Point-to-Point Circuit C1

Multi-Year Base Period + Multi-Year Option Period Item No. Schedule of

Supplies/Services Quantity Unit of

Issue Unit Price Amount

1. Base Period: Data Circuit

36 Month

2. Option Period*: Data Circuit

24 Month

3. Cancellation Ceiling after 1st Year

1 Fee

4. Cancellation Ceiling after 2nd

Grand Total for Schedule 1B

* Option Period should not include charges for plant and equipment already amortized, or other nonrecurring charges which were included in the Base Period.

Solicitation No. CB18-RFQ0006 Page 4 of 39

Schedule 2B for Private Point-to-Point Circuit C2

Multi-Year Base Period + Multi-Year Option Period Item No. Schedule of

Supplies/Services Quantity Unit of

Issue Unit Price Amount

1. Base Period: Data Circuit

Grand Total for Schedule 2B

* Option Period should not include charges for plant and equipment already amortized, or other nonrecurring charges

Schedule 3B for ACF Internet Circuit N1 Multi-Year Base Period + Multi-Year Option Period

Item No. Schedule of Supplies/Services

Quantity Unit of Issue

Unit Price Amount

1. Base Period: Data Circuit at

Grand Total for Schedule 3B

* Option Period should not include charges for plant and equipment already amortized, or other nonrecurring charges

Schedule 4B for Data Center Internet Circuit N2 Multi-Year Base Period + Multi-Year Option Period

Item No. Schedule of Supplies/Services

Quantity Unit of Issue

Unit Price Amount

1. Base Period: Data Circuit at

Grand Total for Schedule 4B

* Option Period should not include charges for plant and equipment already amortized, or other nonrecurring charges

Solicitation No. CB18-RFQ0006 Page 5 of 39

Part 2 – Contract Clauses

The following clause applies to Open Market orders:

1A. 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.

The following clause applies to GSA Schedule orders:

1B. CBO 201-01 Terms and Conditions Limited (May 2003) Alternate I (July 2004) The instant action is subject to the terms and conditions under the GS Schedule number referenced in Block 2 of the award form, as supplemented by the following terms. If any of the terms or conditions in the GS Contract and this supplement are inconsistent, the terms and conditions of the GS Schedule shall govern, unless otherwise agreed between the parties.

2. CBO 201-02 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.

3. CBO 203-170 Contractor Employee Whistleblower Rights (Dec 2014) The Contractor shall not require any employees or contractors of the Contractor seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

4. CBO 211-101 Performance Period – Base Contract and Options (Feb 2007)

(a) If a Base + Options contract is awarded, the overall performance period of this contract will consist of the following time periods:

(1) The performance period for Line Item No. 001, Provisioning, of the contract will commence on the date of contract award and extend for 45 calendar days (or the amount of time proposed in the Contractor’s offer, whichever is less).

(2) The performance period for Line Item No. 002, Base Year, of the contract will commence on the day immediately following the end of the Provisioning period (Line Item No. 001) and extend one calendar year.

(3) 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 Option Years 1 through 4 will begin the day after completion of the base period and extend for 12 months each.

(b) If a Multiyear + Option contract is awarded, the overall performance period of this contract will consist of the following time periods:

(1) Contract performance of provisioning will commence on the date of contract award and extend for 45 calendar days (or the amount of time proposed in the Contractor’s offer, whichever is less).

(2) The performance period for Line Item No. 001, Base Period, of the contract will commence on the day immediately following the end of the Provisioning period and extend for three calendar years.

(3) If the option period is exercised (see contract clause CBO 217-09, Option to Extend the Term of the

Contract), the performance period for the Option Period will begin the day after completion of the Base Period and extend for two calendar years.

5. CBO 212-04 Compliance with Laws (Jan 2015) 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, Solicitation No. CB18-RFQ0006 Page 6 of 39 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.

6. 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;

(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.

Solicitation No. CB18-RFQ0006 Page 7 of 39

(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.

7. CBO 217-08 Option to Extend Services (Nov 1999) The government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days before the contract expires.

8. 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 and 45 days.

9. CBO 222-35 Equal Opportunity for Veterans (Oct 2015)

(a) Definitions. As used in this clause—

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 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. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

10. CBO 222-37 Employment Reports on Veterans (Feb 2016)

(a) Definitions. As used in this clause, “active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” and “recently separated veteran,” have the meanings given in the Equal Opportunity for Veterans clause at 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—

(1) The total number of employees in the contractor’s workforce, by job category and hiring location, who are protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled 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 protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled 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 filing the VETS-4212 “Federal Contractor Veterans’ Employment Report” (see “VETS-4212 Federal Contractor Reporting” and “Filing Your VETS-4212 Report” at http://www.dol.gov/vets/vets4212.htm).

Solicitation No. CB18-RFQ0006 Page 8 of 39

(d) The Contractor shall file VETS-4212 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- 4212. 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 $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.

11. CBO 223-20 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 hand-carried items shall be screened by x-ray devices prior to entry into the building.

12. CBO 227-19 Commercial Software, Data, or Subscription License & Agreement (April 2018)

(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) Venue;

(2) Automatic renewal; and

(3) 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.

13. 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 –

(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

Solicitation No. CB18-RFQ0006 Page 9 of 39 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.

14. 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.

15. 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.

16. 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 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.

17. 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.

Solicitation No. CB18-RFQ0006 Page 10 of 39

(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.

18. FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)

(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.

19. CBO 232-100 Availability of Funds Under a Continuing Resolution (Dec 2017) Alternate I (Feb 2018)

(a) If CBO is operating under a Continuing Resolution (CR) during any period of this contract, which results in the agency operating with limited funding appropriated for activities, this contract will be funded within the limits of the CR.

(b) For performance of the work set forth in this contract, the Contractor agrees to perform up to the point at which the total amount payable by CBO approximates but does not exceed the total amount currently obligated to the contract.

The Contractor will not be obligated to continue performance of the work beyond that point. CBO shall not be obligated in any event to reimburse the Contractor in excess of the amount obligated to the contract.

(c) CBO contemplates increasing the obligational amount for performance of this contract, provided additional appropriations become available for that purpose. When additional funds are allotted for continued performance of the work set forth in this contract, the Contracting Officer will issue a unilateral modification to this action to obligate additional funds and extend the period of performance (if applicable).

Solicitation No. CB18-RFQ0006 Page 11 of 39

(d) The Contracting Officer is the only person authorized to provide notice, communication, or other form of representation to increase or decrease the amount of funds obligated by CBO to this contract. The Contracting Officer may at any time obligate additional funds for performance of the work set forth in this contract.

(e) Should additional funds for performance of the work set forth in this contract not be allotted, this contract shall be deemed to have been constructively terminated for convenience at no cost to either party beyond the amount obligated at that time.

(f) Nothing in this clause will be deemed to limit the rights of CBO under any terms and conditions of this contract.

This clause will become inoperative upon the obligation of funds for the total price of the work except for rights and obligations then existing under this clause. This clause may be used multiple times during the contract period.

20. CBO 233-01 Disputes (April 2015) Alternate I (Dec 1991)

(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. chapter 71), 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 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

Solicitation No. CB18-RFQ0006 Page 12 of 39

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.

21. CBO 233-03 Protest After Award (Aug 1996)

(a) Upon receipt of a notice of protest (as defined in Federal Acquisition Regulations (FAR) 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stop-page. Upon receipt of the final decision in the protest, the Contracting Officer shall either—

(1) Cancel the stop-work order; or

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

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if—

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this contract; and

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

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

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

(e) The Government’s rights to terminate this contract at any time are not affected by action taken under this clause.

(f) If, as the result of the Contractor’s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

22. FAR 52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) United States law will apply to resolve any claim of breach of this contract.

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23. CBO 239-01 Security for Confidential Information (Dec 2014)

(a) All CBO information must be appropriately protected by the Contractor. The Contractor acknowledges that, during the course of this contract, the Contractor may become acquainted with and have access to certain confidential information owned or licensed by CBO or used by CBO in the conduct of its business, which may include, but is not limited to: IT security measures; personnel data; trade secrets, commercial and financial information, and other proprietary business data; and personal information, including financial and medical records.

(b) Contractor who is maintaining CBO confidential information on the Contractor’s computer system shall secure that information against loss (whether destruction or theft) and unauthorized access, use, modification, or disclosure.

Unless measures are specified elsewhere in this contract, the Contractor shall use the same degree of care, but no less than a reasonable degree of care, as the Contractor uses to protect its own confidential information of a like nature to prevent loss, and unauthorized access, use, modification, or disclosure.

(c) The Contractor shall safeguard the security and confidentiality of all confidential information owned or licensed by CBO or used by CBO in the conduct of its business. The Contractor shall comply with all CBO security requirements and protocols and agrees not to disclose, directly or indirectly, any confidential information or to use it in any manner, during the term of this contract or thereafter, except for authorized purposes under this contract. Contractor employees, representatives or agents working on or with CBO systems, whether on- or off-site, will be required to execute individual non-disclosure agreements consistent with this clause.

(d) These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.

24. CBO 242-13 Bankruptcy (July 1995) In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written notification of the bankruptcy to the Contracting Officer responsible for administering the contract. This notification shall be furnished within five days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of Government contract numbers and contracting offices for all Government contracts against which final payment has not been made. This obligation remains in effect until final payment under this contract.

25. CBO 242-100 Contracting Officer’s Authority (June 2004) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, notwithstanding any provision contained elsewhere in this contract. In the event that the Contractor makes any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

26. CBO 242-101 Contracting Officer’s Representative (COR) (Sept 2017)

(a) The Contracting Officer’s Representative (COR) is a representative of CBO with limited authority who has been designated in writing by the Contracting Officer to provide technical direction, clarification, and guidance with respect to existing specifications and performance work statement/statement of work/statement of objectives, as established in the contract. The COR also monitors the progress and quality of the Contractor’s performance for payment purposes. The COR shall promptly report Contractor performance discrepancies and suggested corrective actions to the Contracting Officer for resolution.

(b) The COR is not authorized to take any direct or indirect actions or make any commitments that will result in changes to price, quantity, quality, schedule, place of performance, delivery or any other terms or conditions of the written contract.

(c) The Contractor is responsible for promptly providing written notification to the Contracting Officer if it believes the COR has requested or directed any change to the existing contract. No action shall be taken by the Contractor for any

Solicitation No. CB18-RFQ0006 Page 14 of 39 proposed change to the existing contract until the Contracting Officer has issued a written directive or a written modification to the contract. CBO will not accept and is not liable for any alleged change to the contract unless the change is included in a written contract modification or directive signed or issued by the Contracting Officer.

(d) COR authority is not delegable.

(e) The COR for this contract is: (This information will be provided at the time of contract award)

Name: Guanli Lu Job Title: Senior Network Systems Engineer Unit / Division: IRM & TS Unit / MBIS Division Telephone: (202) 226-3098 E-mail: Guanli.Lu@cbo.gov

27. CBO 243-01 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.

28. CBO 246-02 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.

29. CBO 246-17 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.

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(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.

30. CBO 249-02 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.