CB21-RFQ0001 Data Circuit at FHOB RFQ (thru Amendment 001).pdf

REQUEST FOR QUOTES (RFQ)

FOR

DATA CIRCUIT AT FORD HOUSE OFFICE BUILDING

SOLICITATION NO. CB21-RFQ0001

(through Amendment No. 001)

Congressional Budget Office Washington, DC

Solicitation No. CB21-RFQ0001 (Amendment No. 001) Data Circuit at FHOB

Table of Contents

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

CB21-RFQ0001

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

DATE

11/02/2020

7. FOR SOLICITATION INFORMATION

CALL:

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

8. OFFER DUE DATE / LOCAL

TIME

11/20/2020 @ 5:00PM EST

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:

SIZE STANDARD:

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

X RFQ IFB RFP

14. METHOD OF SOLICITATION

SSCBOCODE15. DELIVER TO

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

CODE AOCBO16. ADMINISTERED BY

Acquisitions Office Congressional Budget Office 425A 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

No Line Information

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: CB21-RFQ0001 Page 4 of 43

Continuation Sheet

1. Blocks 19 through 24: Schedule of Services

Price Schedule for Providing Internet Circuit at FHOB

19. Item

No.

20. Schedule of Supplies/Services 21.

Quantity 22.

Unit

23. Unit

Price 24.

Amount Base Year:

1 Install circuit at FHOB 1 JOB N/A 1A Optional line item:

Extend circuit from Demarc (basement) to CBO data center (4th floor)

1 JOB N/A

Provide one (1) Internet circuit at the following bandwidths:

2A 300-500 Megabits per second (Mbps) connection

10 months

2B 1 Gigabits per second (Gbps) connection 10 months 2C 10 Gigabits per second (Gbps) connection 10 months

Option Year 1:

3A 300-500 Megabits per second (Mbps)

12 months

3B 1 Gigabits per second (Gbps) connection 12 months 3C 10 Gigabits per second (Gbps) connection 12 months

Option Year 2:

4A 300-500 Megabits per second (Mbps)

12 months

4B 1 Gigabits per second (Gbps) connection 12 months 4C 10 Gigabits per second (Gbps) connection 12 months

Option Year 3:

5A 300-500 Megabits per second (Mbps)

12 months

5B 1 Gigabits per second (Gbps) connection 12 months 5C 10 Gigabits per second (Gbps) connection 12 months

Option Year 4:

6A 300-500 Megabits per second (Mbps)

12 months

6B 1 Gigabits per second (Gbps) connection 12 months

Price Schedule for Providing Internet Circuit at FHOB

19. Item

No.

20. Schedule of Supplies/Services 21.

Quantity 22.

Unit

23. Unit

Price 24.

Amount 6C 10 Gigabits per second (Gbps) connection 12 months

One bandwidth will be selected by CBO at the time of award. The pricing for the bandwidths in the table above will be applied if the agency scales up or down, as applicable, during the contract period.

Part 2 – Contract Clauses

2.1 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.

2.2 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.

2.3 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.

2.4 CBO 209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(a) Definitions. As used in this clause--

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of government action under this clause.

(c) Exceptions to this prohibition are located at FAR 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

2.5 CBO 211-100 Off-Site Delivery Center Information (April 2018)

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

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

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

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.

(b) FHOB Requirements

(1) The maximum height for vehicles entering the loading dock is 10 feet 5 inches.

(2) The Contractor shall notify the COR of the expected delivery date for each shipment at the destination. The Contractor shall provide their own hand truck or pallet jacks to unload and/or load.

(3) CBO will provide a trash bin for waste materials. At the end of each workday, materials must be left in a designated space and all waste materials collected and placed in the bin.

(4) Care should be taken to ensure no damage to the facility. The Contractor should note any damage and provide a report to the COR immediately.

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

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.

2.6 CBO 211-110 Performance Period – Base Contract and Options (Feb 2007) The overall contract performance period of this contract consists of the following time periods:

(a) The performance period for Line Item No. 1 of the contract, Install circuit at FHOB, will commence on the date of contract award and end on the date proposed in the Contractor’s offer, not to exceed 90 days after the date of contract award.

(i) CBO may exercise the option for optional line item 1A, Extend circuit, at the time of award or during the performance period for Line Item No. 1. If this occurs, performance will commence on the date the option is exercised and must be completed during the Line Item No. 1 performance period.

(b) The performance period for the bandwidth selected by CBO for Line Item No. 2x of the contract, Provide one Internet circuit, will commence on the day immediately following the end of the installation period (Line Item No. 1) and extend for approximately 10 months. The period of performance for this line item plus the installation period at Line Item No. 1 shall equal one calendar year.

(c) If the succeeding options for service are 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 Year period and extend for one calendar year each.

2.7 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, 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.

2.8 CBO 217-07 Option for Separately Priced Line Item(s) (March 1989)

(a) CBO may require the performance or delivery of work required under the additional numbered line item identified in the Schedule (Optional Line Item 1A) in the quantity and at the price stated in the Option.

(b) The Contracting Officer may exercise the option by written notice to the Contractor during the performance period for Line Item 1.

(c) The performance period for Optional Line Item 1A, if exercised, shall be as specified in clause CBO 211-110, Performance Period – Base Contract and Options.

2.9 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 of contract expiration; 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.

2.10 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;

(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.

(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.

(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.

2.11 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—

(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.

2.12 CBO 223-20 Access to CBO Facilities (Sept 2020)

All persons entering the Ford House Office Building, any other Congressional building, or a CBO computing facility on behalf of CBO must comply with all health and safety-related requirements put in place by CBO, the Speaker of the House of Representatives, the Architect of the Capitol, or any other controlling authority. The Contractor bears responsibility for providing staff who satisfy these requirements.

For security in Congressional buildings, including the Ford House Office Building, access requirements include passing through a magnetometer screening device at the building entrance, having all hand-carried items screened by x-ray devices, and being accompanied by an employee while in the building.

Health-related access requirements at all locations include wearing a face covering (unless an exception applies pursuant to the House Speaker’s July 29, 2020 order) and completing the attached health self-assessment before reporting to the building. The Contractor will also have the places the Contractor visits in the buildings monitored and recorded by CBO, must adhere to social distancing guidelines, and must follow other health and sanitary guidelines, such as hand washing.

The Contractor shall not penalize any of its staff who are unable to enter or remain in a building for having self-reported any information concerning COVID-19 symptoms or potential exposure.

Access requirements are subject to change without notice. CBO will inform the Contractor of material changes when known in advance. Any individual not complying with access requirements may be denied access or asked to leave the premises without notice.

2.13 CBO 225-01 Buy American Act (Jan 2015)

All equipment and products delivered under this Contract shall be American-made. By submitting an offer or performing work under this Contract, the Contractor certifies that all items subject to this requirement, except those for which the Contractor has provided written notice to the Contracting Officer, are made in the United States within the meaning of the Buy American Act of 1933, as amended. In determining the content breakdown of a product, the Contractor should consider components of unknown origin to have been mined, produced, or manufactured outside the United States.

2.14 CBO 227-19 Commercial Software, Data, or Subscription Licenses & Agreements (April 2018)

(a) The Contractor agrees that the contract terms entered into between CBO and the Contractor shall take precedence over any of the Contractor’s standard commercial agreement language or any related license agreements.

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

(c) If included in the Contractor’s standard commercial agreement or any related license agreements, the following provisions are unenforceable against CBO and shall not apply to the contract:

(1) Any language requiring indemnification by the U.S. Government (see FAR 52.232-39, Unenforceability of Unauthorized Obligations);

(2) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S.

territory, district, or municipality, or a foreign nation (see FAR 52.233-4, Applicable Law for Breach of Contract Claim);

(3) Any language requiring resolution, hearing or arbitration in a specific forum or venue different from that prescribed by federal law;

(4) Any language requiring binding arbitration;

(5) Any language providing for automatic renewal of the contract or agreement; and

(6) 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.

2.15 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 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.

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

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

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

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

2.17 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.

2.18 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 purchase order, 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).

(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 becomes operative when either the contract is not fully funded for its current performance period or additional funds are needed for changes to the contract. This clause may be used multiple times during the contract period.

2.19 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.

2.20 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.

2.21 FAR 52.232-39 Unenforceability of Unauthorized…