CORHQ-25-Q-0415.pdf

SOLICITATION/AWARD

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. CONTACT INFORMATION 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. N/A

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ RFP

Price only

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. N/A 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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.

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. FEDERAL DEPOSIT INSURANCE CORPORATION (SIGNATURE OF CO)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

FDIC 3700/55 (3-08)

10. SOCIO-ECONOMIC STATUS

NO

NAICS:

ETHNICITY:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. SUB-CONTRACTING

PERMITTED/APPROVED

YES

SDB

MWOB

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

YES NO

YES NO

27a. SOLICITATION INCLUDES ATTACHMENTS 27b. AWARD INCLUDES ATTACHMENTS

RFI RFP

Best Value

CORHQ-25-Q-0415

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

FDIC 3700/55 (3-08)

Section B - Supplies or Services and Prices/Costs

Attachments for this section start after this page.

Section B - Supplies or Services and Prices/Costs PAGE 3 OF 55

Product Description:

Time of Delivery:

Technical Point of Contract:

Company:

Phone:

Email Address:

This requirement is to replace end of life HP hardware servers which supports mission critical Back Up Data Center.

$ - Total Price

Section B - Supplies or Services and Prices/Costs PAGE 4 OF 55

Price Schedule

Requirement Description: H-HPE DFW TECREF Line Item #

Purchase Category

Purchase Type

Description Part # Period of Performa nce

Qty List Price

Discount Net Price Extended Net Price

Please ship to DFW BDC A21 to A101 DFW BDC: 4025 Midway Rd Carrollton, TX 750007

1 HARDWARE GOODS HPE

SY12000 TAA

CTO Frame 2x4FLM

P51174-B22 Five Years From Award Date

2 HARDWARE GOODS HPE

SY12000 TAA

CTO Frame 2x4FLM

P51174-B22

ABA

Five Years From

3 HARDWARE GOODS HPE SY480

Gen11 CTO TAA Cmpt Mdl

P39531-B22 Five Years From

4 HARDWARE GOODS Factory Integrated

P39531-B22 0D1

Five Years From

5 HARDWARE GOODS INT Xeon-G

6526Y CPU

for HPE

P67080-B21 Five Years From

6 HARDWARE GOODS Factory integrated

P67080-B21 0D1

Five Years From

7 HARDWARE GOODS HPE 64GB

2Rx4 PC5- 5600B-R Smart Kit

P64707-B21 Five Years From

8 HARDWARE GOODS Factory integrated

P64707-B21 0D1

Five Years From

9 HARDWARE GOODS HPE SY480

Gen11 2SFF Drive Cage Kit

P39590-B21 Five Years From

10 HARDWARE GOODS Factory Integrated

P39590-B21 0D1

Five Years From

11 HARDWARE GOODS HPE 600GB

SAS 10K SFF

BC MV HDD

P53561-B21 Five Years From

12 HARDWARE GOODS Factory Integrated

P53561-B21 0D1

Five Years From

13 HARDWARE GOODS HPE Smart Hybrid

P02381-B21 Five Years From

Section B - Supplies or Services and Prices/Costs PAGE 5 OF 55

Capacitor w/ 260mm Cbl

Award Date

14 HARDWARE GOODS Factory Integrated

P02381-B21 0D1

Five Years From

15 HARDWARE GOODS HPE SAS

Cable SR416ie-m Gen11 Stg Ctrlr

P39956-B21 Five Years From

16 HARDWARE GOODS Factory Integrated

P39956-B21 0D1

Five Years From

17 HARDWARE GOODS HPE Synergy 5330C 32Gb

FC HBA

870828-B21 Five Years From

18 HARDWARE GOODS Factory Integrated

870828-B21 0D1

Five Years From

19 HARDWARE GOODS HPE Synergy 4820C 10/20/25Gb

CNA

876449-B21 Five Years From

20 HARDWARE GOODS Factory Integrated

876449-B21 0D1

Five Years From

21 HARDWARE GOODS HPE

SR416ie-m Gen11 SPDM Storage Cntlr

P39959-B21 Five Years From

22 HARDWARE GOODS Factory Integrated

P39959-B21 0D1

Five Years From

23 HARDWARE GOODS HPE SY480

Gen11 CPU Front HS Kit

P39587-B21 Five Years From

24 HARDWARE GOODS Factory Integrated

P39587-B21 0D1

Five Years From

25 HARDWARE GOODS HPE SY480

Gen11 CPU Rear HS Kit

P39589-B21 Five Years From

26 HARDWARE GOODS Factory Integrated

P39589-B21 0D1

Five Years From

27 HARDWARE GOODS HPE SY480

Gen11 CTO TAA Cmpt Mdl

P39531-B22 Five Years From

28 HARDWARE GOODS Factory Integrated

P39531-B22 0D1

Five Years From

Section B - Supplies or Services and Prices/Costs PAGE 6 OF 55

29 HARDWARE GOODS INT Xeon-G

6526Y CPU

for HPE

P67080-B21 Five Years From

30 HARDWARE GOODS Factory integrated

P67080-B21 0D1

Five Years From

31 HARDWARE GOODS HPE 64GB

2Rx4 PC5- 5600B-R Smart Kit

P64707-B21 Five Years From

32 HARDWARE GOODS Factory integrated

P64707-B21 0D1

Five Years From

33 HARDWARE GOODS HPE SY480

Gen11 2SFF Drive Cage Kit

P39590-B21 Five Years From

34 HARDWARE GOODS Factory Integrated

P39590-B21 0D1

Five Years From

35 HARDWARE GOODS HPE 600GB

SAS 10K SFF

BC MV HDD

P53561-B21 Five Years From

36 HARDWARE GOODS Factory Integrated

P53561-B21 0D1

Five Years From

37 HARDWARE GOODS HPE Smart Hybrid Capacitor w/ 260mm Cbl

P02381-B21 Five Years From

38 HARDWARE GOODS Factory Integrated

P02381-B21 0D1

Five Years From

39 HARDWARE GOODS HPE SAS

Cable SR416ie-m Gen11 Stg Ctrlr

P39956-B21 Five Years From

40 HARDWARE GOODS Factory Integrated

P39956-B21 0D1

Five Years From

41 HARDWARE GOODS HPE Synergy 5330C 32Gb

FC HBA

870828-B21 Five Years From

42 HARDWARE GOODS Factory Integrated

870828-B21 0D1

Five Years From

43 HARDWARE GOODS HPE Synergy 4820C 10/20/25Gb

CNA

876449-B21 Five Years From

44 HARDWARE GOODS Factory Integrated

876449-B21 0D1

Five Years From

Section B - Supplies or Services and Prices/Costs PAGE 7 OF 55

45 HARDWARE GOODS HPE

SR416ie-m Gen11 SPDM Storage Cntlr

P39959-B21 Five Years From

46 HARDWARE GOODS Factory Integrated

P39959-B21 0D1

Five Years From

47 HARDWARE GOODS HPE SY480

Gen11 CPU Front HS Kit

P39587-B21 Five Years From

48 HARDWARE GOODS Factory Integrated

P39587-B21 0D1

Five Years From

49 HARDWARE GOODS HPE SY480

Gen11 CPU Rear HS Kit

P39589-B21 Five Years From

50 HARDWARE GOODS Factory Integrated

P39589-B21 0D1

Five Years From

51 HARDWARE GOODS HPE VC SE

100Gb F32 TAA Module

867796-B22 Five Years From

52 HARDWARE GOODS Factory Intergrated

867796-B22 0D1

Five Years From

53 HARDWARE GOODS HPE QSFP+

40Gb Bi- Directional

XCVR

841716-B21 Five Years From

54 HARDWARE GOODS Factory Integrated

841716-B21 0D1

Five Years From

55 HARDWARE GOODS HPE Synergy VC 32Gb FC Module

876259-B21 Five Years From

56 HARDWARE GOODS Factory Integrated

876259-B21 0D1

Five Years From

57 HARDWARE GOODS HPE 1800W-

2200W FS Ti Ht Plg PS Kit

P44712-B21 Five Years From

58 HARDWARE GOODS FACTORY

INTEGRATED

P44712-B21 0D1

Five Years From

59 HARDWARE GOODS HPE Synergy

12000 HC

Fan

P51175-B21 Five Years From

60 HARDWARE GOODS Factory Integrated

P51175-B21 0D1

Five Years From

Section B - Supplies or Services and Prices/Costs PAGE 8 OF 55

61 HARDWARE GOODS HPE Synergy 12000 Frame Rack Rail Option

804938-B21 Five Years From

62 HARDWARE GOODS HPE Synergy 12000 Frame Rack Rail Option

804938-B21 0D1

Five Years From

63 HARDWARE GOODS HPE Synergy 12000 Frame 4x Lift Handle

804943-B21 Five Years From

64 HARDWARE GOODS HPE Synergy 12000 Frame 4x Lift Handle

804943-B21 0D1

Five Years From

65 HARDWARE GOODS Synergy Multi Frame Master1 FIO

859493-B21 Five Years From

66 HARDWARE GOODS HPE Synergy

TAA

Composer2 Appliance

872957-B22 Five Years From

67 HARDWARE GOODS FACTORY

INTEGRATED

872957-B22 0D1

Five Years From

68 HARDWARE GOODS HPE Synergy Dual Slot PS Adapter

P44074-B21 Five Years From

69 HARDWARE GOODS Factory Integrated

P44074-B21 0D1

Five Years From

70 HARDWARE GOODS HPE BLc 10G

SFP+ SFP+

3m DAC Cable

487655-B21 Five Years From

71 HARDWARE GOODS HPE 100Gb QSFP28 to QSFP28 3m

DAC

845406-B21 Five Years From

72 HARDWARE GOODS HPE SY

300Gb Interconnect Link 3m AOC

876689-B21 Five Years From

73 HARDWARE MAINTENA

NCE

HPE 5Y Tech Care Essential wDMR SVC

HU4A7A5 Five Years From

74 HARDWARE MAINTENA

NCE

HPE Synergy 1200 Frame Supp

HU4A7A5

WJN

Five Years From

75 HARDWARE MAINTENA

NCE

HPE Synergy VC 32Gb FC Support

HU4A7A5

YYD

Five Years From

76 HARDWARE MAINTENA

NCE

HPE Synergy Composer2 Support

HU4A7A5

Z1Q

Five Years From

Section B - Supplies or Services and Prices/Costs PAGE 9 OF 55

77 HARDWARE MAINTENA

NCE

HPE Synergy VC SE 100Gb F32 Module Supp

HU4A7A5

Z1R

Five Years From

78 HARDWARE MAINTENA

NCE

HPE SY480

Gen11 Support

HU4A7A500

ES

Five Years From

79 HARDWARE MAINTENA

NCE

HPE B-series

32G SFP28

SW 1pk Sec

XCVR

R6B12A Five Years From

80 HARDWARE MAINTENA

NCE

HPE

Technical Installation Startup SVC

HA124A1 Five Years From

81 HARDWARE MAINTENA

NCE

HPE

Technical Installation Startup SVC HPE Synergy First Frame Startup SVC

HA124A1

5ZM

Five Years From Award Date

82 SERVICES SUPPORT HPE

Shipping and Handling Charge

Five Years From

Please ship to VASQ anything below here.

83 HARDWARE GOODS HPE 64GB

2Rx4 PC5- 5600B-R Smart Kit

P64707-B21 Five Years From Award Date

288 $

Total Price $

Section B - Supplies or Services and Prices/Costs PAGE 10 OF 55

Section C - Description/Specifications/Work Statement

No attachments were added for this section.

Clauses Incorporated By Reference

Clause # Title Date

7.3.2-34 Duty to Deliver or Perform July 2008

Full Text Clauses

No full text clauses were found for this section.

Section C - Description/Specifications/Work Statement PAGE 11 OF 55

Section E - Inspection and Acceptance

No reference clauses were found for this section.

7.6.4-01 - Inspection and Acceptance - July 2008

(a) All goods and services shall be subject to inspection and test by the FDIC Oversight Manager, to the extent practicable, at all times and places during the term of the award. All inspections by the FDIC shall be made in such a manner as not to und uly delay the work.

(b) The FDIC shall have Fifteen (15) business days from the date of Contractor''s delivery to determine if such goods and services are in compliance with the requirements of the contract. If any services performed or goods delivered hereunder are not in conformity with the requirements of this Award, the FDIC shall have the right to require Contractor to reperform the services or redeliver the goods in conformity with the requirements of the

Award, at no additional increase in total contract amount. When the services to be performed are of such a nature that the defect cannot be corrected by reperformance of the services, the FDIC shall have the right to (1) require

Contractor immediately to take all necessary steps to ensure future performance of the services in conformity with the requirements of the contract; and (2) reduce the contract price to reflect the reduced value of the services performed. In the event Contractor fails promptly to reperform the services or redeliver the goods, or to take necessary steps to ensure future performance of the services or delivery of the goods in conformity with the requirements of the Award, the FDIC shall have the right to either (1) by contract or otherwise, have the services performed or the goods delivered in conformity with the contract requirements and charge to Contractor any cost occasioned to the FDIC that is directly related to the performance of such services or the delivery of such goods; or

(2) terminate this Award for default as provided in 7.6.6-02, Termination for Default.

(c) Contractor shall provide and maintain an inspection system acceptable to the FDIC covering the goods or services to be delivered or performed hereunder. Records of all inspection work by Contractor shall be kept complete and available to the FDIC during the term of this Award and for such longer period as may be specified elsewhere in this Award.

Section E - Inspection and Acceptance PAGE 12 OF 55

Section F - Deliveries or Performance

7.3.1-09 - Delivery Schedule - July 2008 The goods must be delivered in accordance with the Price Schedule.

7.3.1-10 - Place of Delivery or Performance - November 2013 The place of delivery or performance is:

Federal Deposit Insurance Corporation (FDIC)

DFW BDC

4025 Midway Road

Carrollton, TX 750007 or

Federal Deposit Insurance Corporation (FDIC)

Division of Information Technology (DIT)

Distribution Center

3501 Fairfax Drive, Arlington, VA 22226

Contractor must ensure the contract number is listed on the shipping material or packing slip.

Non-tangible items shall be submitted to the following email address:

DITSoftwareMgt@fdic.gov

To include all certificates and maintenance renewals.

7.3.1-12 - Period of Performance - July 2023 The period of performance begins on December XX 2025 and expires on December XX, 2030. See Price Schedule for period of performance per line item.

Section F - Deliveries or Performance PAGE 13 OF 55

Section F - Deliveries or Performance PAGE 14 OF 55

Section G - Contract Administration Data

7.3.2-41 - FDIC Personnel - July 2008

(a) FDIC Oversight Manager. The Oversight Manager is the person designated in writing by the Contracting

Officer to represent the FDIC for the purpose of monitoring technical performance and accepting goods or services.

The Oversight Manager is not authorized to issue any instructions or directions which effect any substantive change in this contract, including, but not limited to, an increase or decrease in the price of this contract, or a change in the delivery date(s) or Period of Performance. Specific areas of delegated authority are more particularly defined in the

Oversight Manager Appointment Memorandum. The Oversight Manager is ______________________.

(b) FDIC Contracting Officer. The Contracting Officer is the person with FDIC-delegated authority to enter into, modify, administer, and terminate contracts and orders. The Contracting Officer is Diamond Toles who can be reached at ditoles@fdic.gov.

7.5.13-01 - Method of Payment - Electronic Fund Transfer (EFT) - March 2014

(a) Payment methods. Payments by the FDIC may be made by check or electronic funds transfer (EFT), or by a third party in lieu of payment directly from the FDIC, at the option of the FDIC. If the FDIC makes payment by EFT, the FDIC may, at its option, also forward the associated payment information by electronic transfer. Any third party payments will be made by the FDIC''s commercial purchase card issuer. In the event Contractor certifies in writing to the payment office that Contractor does not have an account with a financial institution or an authorized payment agent, the FDIC would make payments by other than EFT.

(b) Contractor Payment Requests. If the FDIC elects for third party payments to be made, Contractor shall make payment requests through a charge to the FDIC purchase card with the third party, at the time and for the amount due in accordance with the terms of this contract. Contractor and the third party shall agree that payments due under this contract shall be made upon submittal of payment requests to the third party in accordance with the terms and conditions of an agreement between Contractor, the Contractor''s financial agent (if any), and the third party and its agents (if any). No payment shall be due the Contractor until such agreement is made. Payments made or due by the third party are not subject to the Prompt Payment Act or any implementation thereof in this contract. Documentation of each charge against the FDIC''s purchase card shall be provided to the Contracting

Officer upon request.

Contractor is required, as a condition to any payment, to maintain current information in the System for Award

Management (SAM) database. Any invoice submitted with incorrect EFT information shall be deemed not to be a proper invoice as defined in the Prompt Payment Act clause herein.

Section G - Contract Administration Data PAGE 15 OF 55

7.5.13-12 - Schedule for Invoicing - July 2008 For Firm-Fixed-Price, Contractor must submit invoice upon completion of the service or delivery of the goods.

7.5.13-13 - Contents of Invoice - March 2014 Contractor''s invoices must include the following items in order to be processed for payment:

(a) Contractor name, address and phone number.

(b) Invoice date. (Contractors must date invoices as close as possible to the date of electronic transmission to

FDIC.)

(c) Invoice number.

(d) Contract Number (e.g., Contract Number, Task Order Number, Delivery Order Number, etc.)

(e) Line Item Number(s), as identified in the contract, and the amount invoiced for each Line Item Number.

(f) Allocation of all hours and expenses to Financial Institution Number (FIN) and Asset Name/Number, if applicable.

(g) Description, quantity, unit of measure, unit price, extended price of goods delivered or services performed.

(h) Total invoice amount.

(i) Payment terms (discount for prompt payment terms).

(j) Remittance address.

(k) Billing Point of Contact (e.g., name (where practicable), title, phone number, and mailing address of person to notify if there are questions regarding the invoice).

(l) Shipping information (e.g., shipment number, date of shipment, bill of lading number and weight of shipment.

Shipping charges, if any, must be shown as a separate item on the invoice).

(m) For time and material or labor hour awards, copies of time sheets in support of direct labor charges.

(n) If travel expenses are reimbursable under the award, Contractor must submit travel documentation, receipts and other proof of expenses as required by the FDIC Contractor Travel Reimbursement Guidelines.

(o) If subcontractor expenses are reimbursable under a labor-hour or time-and-material award, Contractor must:

(1) identify subcontractor expenses and costs separate from prime contractor expenses and costs on the invoice it submits to FDIC;

(2) submit with its invoice, as supporting documentation, a copy of its subcontractor''s invoice when seeking reimbursement of subcontractor expenses.

(p) Pass through costs - If expenses or costs are reimbursable under the terms of the award, a description of each shall be provided in the invoice along with the quantity, unit amount, and total amount. Also, if amounts are derived from application of any formula, calculation, percentage, etc., such application must be clearly evident in the supporting documentation provided with the invoice.

(q) The following certification statement, signed by an authorized company representative:

"This is to certify that the services set forth herein [goods described herein] were performed [delivered] during the period stated.

Contractor''s Authorized Representative Date"

(r) Any other information or supporting documentation required by the award.

If an invoice does not contain the above required information; contains errors; or exceeds the total compensation ceiling limit for this award, the invoice will be returned to Contractor and processing of the invoice for payment will be delayed until the deficiency is corrected.

Section G - Contract Administration Data PAGE 16 OF 55

In addition, the FDIC requires Contractors to maintain current information in the System for Award Management

(SAM) database and complete the annual renewal process, in order to receive timely invoice payments. FDIC may reject any invoice received from Contractor where processing of the invoice cannot be completed because

Contractor has failed to maintain its registration, including electronic funds transfer (EFT) information, in the SAM database.

7.5.13-14 - Electronic Invoice Preparation and Submission (CORHQ Business Unit) -

November 2023 Contractor must follow the FDIC’s electronic invoice preparation and submission instructions stated below:

(a) Contractor must email electronic invoices to the FDIC’s Division of Finance/Accounts Payable (DOF/AP) at the following address: DOFAPInvoice@fdic.gov

(b) Contractor must only email their invoices to the above DOF/AP email address and not the Oversight Manager or

Contracting Officer. The FDIC will not accept hand-delivered invoices or invoices sent to any other address (i.e., FDIC street address or any other email addresses).

(c) Contractor must submit the electronic invoice as a single file document, in PDF or Excel (.xlsx) format. If the size of a single PDF/Excel file exceeds 30 MB, the invoice may either be submitted as two PDF/Excel files, with neither

PDF/Excel file exceeding 30 MB, or it may be submitted as a zip file that does not exceed 30 MB. If two PDF/Excel files are used, each email must clearly identify that the invoice has been separated into two PDF/Excel files to accommodate the size limitation. If a zip file is used, the individual files inside the zip file must be kept to a minimum and each must have a descriptive file name, such as "Invoice cover page", "Timesheets", etc.)

If submitting in Excel, the following applies:

(1) The Excel file must be formatted in a manner acceptable to the Contracting Officer. The first tab or worksheet

(“Sheet”) in the Excel workbook must be the invoice itself, and subsequent tabs may be used for supporting information and calculations;

(2) The entire workbook (all tabs) must be formatted for printing in portrait format using letter-size pages, unless the Contracting Officer allows for landscape format and/or legal-size pages for one or more specified tabs;

(3) The entire workbook must allow for searching, sorting, filtering, and other data viewing options by FDIC personnel. All formulas in cells must be visible to FDIC personnel;

(4) Any unit price or hourly rate must be an exact amount as rounded and displayed in the contract schedule or pricing attachment, and all calculations using the unit price or hourly rate must use that exact displayed amount.

The Contractor must not use a unit price or hourly rate on an invoice that differs from the amount displayed in the contract. For example, if a unit price or hourly rate is displayed as $135.15 in the contract, all calculations in the workbook must be based on $135.15 (with no decimals beyond the cent), and must not be based on a pre-rounded amount from elsewhere in the Contractor’s systems; and

(5) Any cell containing a calculation or formula using dollar amounts must be rounded to two decimal places (no decimals beyond the cent). This rounding guideline must be applied to both intermediate and final calculations.

(d) Contractor must not include more than one electronic invoice in the same email. (For example, if a Contractor has four task orders, a separate email with a single invoice must be submitted for each of the four task orders.)

Section G - Contract Administration Data PAGE 17 OF 55

(e) Contractor must name the PDF/Excel file or zip file in the following format (with invoice date shown as year/month/date followed by a space and the invoice number):

Invoice date and invoice number (e.g., 2023-01-31 1067876)

(f) Contractor’s email subject line must include the words, “Contractor Invoice”, followed by a hyphen and the

Contract Number (or Task Order Number, or Delivery Order Number, as applicable), as shown in the example below:

"Contractor Invoice – CORHQ-23-C-0000"

(g) Task Assignments: For contracts and task orders containing provisions for Task Assignments, a separate invoice must be submitted via a separate email for each Task Assignment.

(h) The counting of days for Prompt Payment begins on the date the invoice is received in the inbox of the DOF/AP email address, until 4PM. Invoices received after 4PM will be counted as being received the following FDIC workday.

Section G - Contract Administration Data PAGE 18 OF 55

Section H - Special Contract Requirements

7.1.3-02 - Post-Government Employment Certification (Post-Award) - May 2009 Any former Federal Deposit Insurance Corporation (FDIC) or Resolution Trust Corporation (RTC) employee who the contractor intends to use in performance of work under the contract or its subcontracts must complete and submit the post-government employment certification found at FDIC website https://www.fdic.gov/buying/goods/acquisition/index.html. The certification must be submitted to the Contracting

Officer prior to the former employee commencing work under the contract. The FDIC Legal Division Ethics Unit will review the certification to determine compliance with the post-government employment restrictions. The former employee may be required to provide additional information as to their position and responsibilities while employed at FDIC or RTC and as a post-government employee working on the FDIC contract or subcontract.

7.3.2-78 - Commercial Supplier Agreement Terms and Conditions - May 2025

1. Definitions:

A. “Commercial item” means any of the following: [Note: For purposes of this document, the term "commercial item" is interchangeable with the terms "commercially available”, "commercially available software”, "commercial component(s)", "commercial product(s)", and "commercial off-the-shelf (COTS)”.]

(1) Any item, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes and that has been sold, leased, licensed to the general public; or has been offered for sale, lease, or license to the general public.

(2) Any item that evolved from an item described in paragraph (1) through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a government solicitation.

(3) Any item that would satisfy a criterion expressed in paragraphs (1) and (2) of this definition, but for (i) modifications of a type customarily available in the commercial marketplace; or (ii) modifications of a type not customarily available in the commercial marketplace made to meet Federal government requirements.

(4) Any combination of items meeting the requirements of paragraphs (1), (2), (3), or (5) of this definition that are of a type customarily combined and sold in combination to the general public.

(5) Installation services, maintenance services, repair services, training services, and other services if such

Section H - Special Contract Requirements PAGE 19 OF 55 services are procured for support of an item referred to in paragraph (1), (2), (3), or (4) of this definition, and if the source of such services--(i) offers such services to the general public and the Federal government contemporaneously and under similar terms and conditions; and (ii) offers to use the same work force for providing the Federal government with such services as the source uses for providing such services to the general public.

(6) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed under standard commercial terms and conditions. This does not include services sold based on hourly rates without an established catalog or market price for specific service performed.

(7) Any item, combination of items, or service referred to in paragraphs (1) through (6), notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.

(8) Any item determined by the procuring agency to have been developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple state and local governments.

B. “Commercial supplier agreements” means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of “commercial item” and intended to create a binding legal obligation on the end user, such as, but not exclusively, those used in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data. Such agreements may be referred to as Terms of Service (TOS), End User License Agreement (EULA) or another similar legal instrument or agreement and may be presented as a part of a proposal or quotation responding to a solicitation for contract or order. The term applies, regardless of the format or style of the document, whether in paper or electronic form.

2. Applicability. The following terms and conditions apply to any commercial supplier agreement as defined in this clause. These terms take precedence and supersede any conflicting or contrary terms in a contractor, subcontractor or associated third party Commercial license agreement. When any supply or service acquired under this contract is subject to a commercial supplier agreement, the terms of this clause shall be deemed incorporated into the commercial supplier agreement. In addition, the Commercial Supplier Agreement is a part of a contract between the commercial supplier and the FDIC for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders). For accepted terms under the commercial supplier agreement, the ordering activity FDIC may be bound as end user, but a

Government employee or person acting on behalf of the government in his or her personal capacity will not be bound. The commercial supplier or license agreement may be incorporated into an FDIC contract as modified by this clause. If a Commercial Supplier Agreement is not required for the goods and services performed by the contractor, all the terms listed below in this clause are not applicable to the contract.

3. Contract Formation. All terms intended to bind the FDIC must be included in static text form within the contract signed by the FDIC. Neither the FDIC nor any authorized end user shall be deemed to have agreed to any terms in the commercial supplier agreement or any terms of any associated third-party agreement by a click box or other comparable mechanism (e.g., “click-wrap” or "browse-wrap" agreements) and such purported execution does not bind the FDIC or an authorized end user and is null and void.

4. Authorization. By executing the Contract, Contractor represents that it is duly authorized to enter into the

Contract, including any amendments to the commercial supplier agreement as incorporated into the contract.

Section H - Special Contract Requirements PAGE 20 OF 55

5. Venue. Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

6. Limitations on Actions. Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

7. Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, binding arbitration shall not be used unless specifically authorized by a FDIC guidance, and equitable or injunctive relief, including award of attorney fees, costs or interest, may be awarded against FDIC only when explicitly provided by statute (e.g. Prompt Payment Act). Any terms in the commercial supplier agreement requiring that disputes be submitted to arbitration or that claims the supplier has the right to injunctive relief, attorney fees, costs or interest is null and void and shall not be enforceable against the Government.

8. Updating Terms. After award the contractor may unilaterally revise terms if they are not material. A material change is defined as: (A) Terms that significantly change Government’s rights or obligations; and (B) Terms that increase Government prices; (C) Terms that decrease overall level of service; or (D) Terms that limit any other

Government right addressed elsewhere in this contract. For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification. Any terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

9. Representation. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. § 516 or FDIC under 12 U.S.C. §

1819, unless otherwise provided by Federal law.

10. Warranties and Disclaimers. FDIC will accept the contractor’s commercial warranty, but does not accept a disclaimer of the implied warranty that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. Additionally, FDIC does not accept a disclaimer of any warranties expressly provided for in the Contract.

11. Limitation of Liability. All limitations of liability accepted by FDIC shall only apply to claims based on contract and any limitations related to tort or other causes of action shall not apply and shall be null and void and unenforceable against the government. Notwithstanding anything to the contrary in the commercial supplier agreement, nothing in the contract or the commercial supplier agreement shall impair the U.S. Government''s right to recover for fraud or crimes arising out of or related to this Government contract under any federal fraud statute, including but not necessarily limited to the False Claims Act, 31 U.S.C. §§ 3729-3733.

12. Audit. Any audit requested by the contractor will be at the contractor’s or Licensor’s expense without reimbursement by the FDIC. Further, such audit may only be conducted if the auditor satisfies the FDIC’s security requirements for access to its facilities, systems and information.

13. Term and Termination. Neither the Contractor nor Licensor can unilaterally revoke, terminate or suspend an

Agreement or any associated rights granted to the FDIC. In the event of a dispute, the requirements specified in

Section H - Special Contract Requirements PAGE 21 OF 55 the Disputes paragraph of this document would apply.

14. Continued Performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the FDIC to be in breach of the agreement, it shall pursue its rights under the Disputes Clause of the contract or other applicable

Federal statute while continuing performance.

15. Confidentiality. If the agreement includes a confidentiality clause, it shall be amended to state that the

Government and Government employee’s obligations with regard to confidentiality are governed by statute, such as, but not exclusively, the Trade Secrets Act, 18 U.S.C. § 1905 and the Freedom of Information Act, 5 U.S.C. §

552. To the extent that the confidentiality language conflicts or in any way purports to alter the Government or

Government employee’s obligation with regard to confidentiality, such language shall be null and void and will not be enforceable against the Government.

16. Indemnification. Any language requiring the FDIC to indemnify a contractor or related third-party licensor is null and void and is unenforceable against the Government.

17. Automatic Renewal. Except as otherwise expressly agreed to by the FDIC, any provision of an Agreement requiring automatic renewal of the Agreement is unenforceable against the FDIC.

18. Integration. Any integration clause shall be amended to recognize the associated Contract and these terms and conditions as part of an “entire agreement.”

19. Disputes. If the supplier or licensor believes FDIC is in breach of the Agreements, it shall pursue its rights under the Disputes clause of the Contract and Federal laws and performance under the Contract shall continue pending resolution of the dispute.

20. Governing Law. This agreement shall be governed by Federal law. 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, except where

Federal law expressly provides for the application of such laws, is hereby deleted.

21. Assignment. Neither the Contract nor these Agreements, as amended, shall be assigned, nor may any rights or obligations be delegated, without FDIC’s prior approval, except as permitted pursuant to Clause 7.6.5-05, Assignment of Claims.

22. Payment. The FDIC Contract governs the purchase and payment of fees. Payment for awards made by the

FDIC in its corporate capacity are subject to the Prompt Payment Act. 31 USC §§ 3901-05.

23. Taxes. The FDIC is exempt from paying any City, County, State, and Federal taxes as provided by Tax

Exempt Certificate No. 53-0185558.

24. Force Majeure. Failure to perform this contract according to its terms is excusable and not an event of default if the failure to perform is caused by events beyond the control of Contractor, and through no fault or negligence of

Contractor.

Section H - Special Contract Requirements PAGE 22 OF 55

Section I - Contract Clauses

7.1.2-01 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered

Entities

September 2020

7.1.2-02 Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment

April 2021

7.1.3-03 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights

December 2022

7.3.1-13 OIG Fraud Hotline July 2008

7.3.1-14 Order of Precedence July 2008

7.3.2-35 Calendar Days July 2008

7.3.2-40 Change in Physical Location July 2008

7.3.2-42 Contractor Personnel July 2008

7.3.2-44 Representations and Certifications of Contractor March 2024

7.3.2-54 Cooperation with the Office of Inspector General July 2008

7.3.2-58 Limitation on Payments to Influence Certain Federal Transactions July 2023

7.3.2-60 Anti-Kickback Procedures July 2023

7.3.2-63 Affirmative Action for Workers with Disabilities July 2008

7.3.2-64 Affirmative Action for Special Disabled Veterans and Vietnam Era

Veterans

July 2023

7.3.2-65 Employment Reports on Special Disabled Veterans and Vietnam

Era Veterans

July 2023

7.3.2-73 Compliance with 12 CFR Part 366 and Application of 12 CFR Part

September 2009

7.3.2-79 Prohibition on Requiring Certain Internal Confidentiality March 2024

Section I - Contract Clauses PAGE 23 OF 55

Agreements or Statements

7.5.4-01 Authorization and Consent July 2008

7.5.4-02 Notice and Assistance Regarding Patent and Copyright

Infringement

July 2008

7.5.4-03 Patent Indemnity July 2008

7.5.4-06 FDIC Rights in Data - General May 2025

7.5.4-08 Rights in Data - Existing Works January 2010

7.5.4-09 Commercial Computer Software - Restricted Rights July 2008

7.5.8-04 Notice to the FDIC on Damage July 2023

7.5.8-05 Cost of Insurance July 2023

7.5.8-11 Liability to Third Persons July 2008

7.5.9-01 FDIC Exempt from Federal, State, and Local Taxes July 2008

7.5.11-01 Service Contract Act of 1965 July 2008

7.5.11-03 Contract Work Hours and Safety Standards Act Overtime

Compensation

July 2023

7.5.12-05 Trade Agreements May 2018

7.5.12-07 Restrictions on Certain Foreign Purchases November 2023

7.5.13-09 Travel Expenses (Non-Reimbursable) July 2008

7.5.13-17 Right to Offset Contract Payments Against Delinquent Obligations July 2008

7.5.13-18 Prompt Payment December 2008

7.5.14-02 Notice and Certification of Claims July 2008

7.6.4-03 Risk of Loss or Damage July 2008

7.6.5-01 Changes July 2008

7.6.5-03 Stop Work Order July 2008

7.6.5-05 Assignment of Claims July 2008

7.6.6-01 Termination for Convenience of the FDIC August 2013

Section I - Contract Clauses PAGE 24 OF 55

7.6.6-02 Termination for Default July 2008

7.6.6-04 Excusable Delays July 2008

7.0.1-02 - Clauses Incorporated by Reference - July 2023 This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. The full text of a contract clause is available in Module 7 of the document entitled Acquisition Procedures and Guidance Manual (APGM), which may be accessed electronically at the FDIC website:

https://www.fdic.gov/buying/goods/acquisition/index.html.

7.1.2-04 - Reporting Requirements for Supply Chain Events Involving Hardware, Software, and Services - December 2023

(a) Definitions. As used in this clause—

“Covered article” means any of the following:

(1) Information technology, as defined herein, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the

Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on an FDIC or non-FDIC information system, subject to the requirements of the

FDIC’s then current program for controlling Sensitive Unclassified Information; or

(4) Hardware, peripherals, systems, devices, software, or services that include embedded or incidental information technology.

“Information Technology” means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the FDIC, if the equipment is used by the FDIC directly or is used by a Contractor under a contract with the FDIC that requires the use-

(a) of that equipment; or

(b) of that equipment to a significant extent in the performance of a service or the furnishing of a product

Information technology includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but does not include any equipment acquired by a federal Contractor incidental to a federal contract.

“IT security incident” means an occurrence that:

(a) Actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system;

(b) Constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies;

(c) Results in lost, stolen, or inappropriately accessed FDIC information as defined in FDIC Directive 1360.09:

Protecting Information, lost or stolen FDIC-owned devices (mobile phones, laptops, Personal Identity Verification

Section I - Contract Clauses PAGE 25 OF 55

(PIV) cards), and any other incident included in FDIC Directive 1360.12: Reporting Information Security Incidents, Cybersecurity and Privacy Awareness Training, and FDIC’s Breach Response Plan (available at the FDIC website:

https://www.fdic.gov/buying/goods/acquisition/index.html); or

(d) Results in a situation that severely impairs, manipulates, or shuts down the operation of a system or group of systems (e.g., Building Automation Systems, Heating, Ventilation, Air Conditioning (HVAC) systems, Physical

Access Control Systems (PACS), Advanced Metering Systems, Lighting Control Systems).

“Prohibited article” means any prohibited product, system, or service that the Contractor offers or provides to the

Government that conflicts with the supply chain terms or conditions of the contract (e.g., Federal Acquisition

Security Council (FASC) exclusion order, FDIC CIO Order, counterfeit or suspect counterfeit items, or FDIC contract provision or clause), including, without limitation, provision 7.3.2-76 Covered Telecommunications

Equipment or Services-Representation, provision 7.3.2-77 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment, clause 7.1.2-01, Prohibition on Contracting for Hardware, Software, Products and Services Developed or Provided by Kaspersky Lab and Other Covered Entities, and clause 7.1.2-02, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“Prohibited source” means any entity with which the FDIC may not enter into or renew a contract or from which the

FDIC may not purchase products or services due to conflicts with the supply chain terms or conditions of the contract (e.g., FASC exclusion order, FDIC CIO Order, FDIC contract provision or clause).

“Supply chain event” means any information, situation or occurrence within the vendor’s supply chain that causes or has the potential to cause damage to FDIC personnel, assets, interests, reputation, operations, or facilities.

Supply chain events can include, without limitation:

(a) Occurrence of an IT security incident;

(b) Discovery of a prohibited article or source; and

(c) Identification of supply chain risk information.

“Supply chain risk” means the risk that any person may sabotage, maliciously introduce unwanted functionality, extract data, or otherwise manipulate the design, integrity, manufacturing, production, distribution, installation, operation, maintenance, disposition, or retirement of covered articles so as to surveil, deny, disrupt, or otherwise manipulate the function, use, or operation of the covered articles or information stored or transmitted by or through covered articles.

“Supply chain risk information” includes, but is not limited to, information that describes or identifies:

(1) Functionality and features of covered articles, including access to data and information system privileges;

(2) The user environment where a covered article is used or installed;

(3) The ability of a source to produce and deliver covered articles as expected;

(4) Foreign control or ownership of, or influence over a source or covered article (e.g., personal or professional ties between a source and any foreign entity, legal regime of any foreign country in which a source is headquartered or conducts operations);

(5) Implications to U.S. government mission(s) or assets, national security, homeland security, or critical functions associated with use of a source or covered article;

(6) Vulnerability of Federal systems, programs, or facilities;

(7) Market alternatives to the covered source;

(8) Potential impact or harm caused by the possible loss, damage, or compromise of a product, material, or service to an organization's operations or mission;

Section I - Contract Clauses PAGE 26 OF 55

(9) Likelihood of a potential impact or harm, or the exploitability of a system;

(10) Security, authenticity, and integrity of covered articles and their supply and compilation chain;

(11) Capacity to mitigate risks identified;

(12) Factors that may reflect upon the reliability of other supply chain risk information; and

(13) Any other considerations that would factor into an analysis of the security, integrity, resilience, quality, trustworthiness, or authenticity of covered articles or sources.

“Source” means a non-Federal supplier, or potential supplier, of products or services, at any tier.

“Supply chain” means a linked set of resources, processes and persons between multiple tiers of developers that begins with the sourcing of products and services and extends through the design, development, manufacturing, processing, handling, and delivery of products and services to the acquirer.

“Suspect counterfeit item” means an item for which credible evidence (including but not limited to, visual inspection or testing) provides reasonable doubt that the item is authentic.

(b) Reporting requirement.

(1) In the event the Contractor identifies or is otherwise alerted by the FDIC or any other source to a supply chain event involving hardware, software, services, or persons offered or provided to the FDIC during contract performance, the Contractor shall report it, in writing, to the Contracting Officer. For Basic Ordering Agreements

(BOAs), Receivership BOAs (RBOAs) and Blanket Purchase Agreements (BPAs), the Contractor shall report to the

Contracting Officer for the BOA/RBOA/BPA, and the Contracting Officer(s) for any affected order.

(2) The Contractor shall report the following information pursuant to paragraph (b)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number), as applicable; item description; and any readily available information about mitigation actions already undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (b)(1) of this clause: any further available information about mitigation actions authorized by the Contracting Officer, undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent the supply chain event, any reasons that led to the supply chain event, and any additional efforts that will be incorporated to prevent future supply chain events.

(3) At any time during performance, if any circumstance requires a change to any proposed good, service, or subcontractor or the occurrence of a supply chain event requires a change, then the Contractor must provide the following information to assist the FDIC in determining whether the Contractor, its…