CORHQ-26-Q-0285_FINAL_v72126_.pdf
PDF 486 KB Posted
- Attached to
- FDIC_HW/HM - HPE VASQ Servers TECHREF
- Solicitation number
- CORHQ-26-Q-0285
- Issued by
-
Federal Deposit Insurance Corporation
About this file
Solicitation Summary
This is a Federal Deposit Insurance Corporation (FDIC) Request for Quotation (RFQ) solicitation numbered CORHQ-26-Q-0285 for HPE Synergy servers and associated maintenance hardware for the Virginia Square (VASQ) environment. The solicitation was issued on July 21, 2026, with an offer due date of August 10, 2026, by 2:00 p.m. local time. The FDIC reserves the right to award one, more than one, or no contracts under this competitive solicitation.
The procurement requires delivery of HPE Synergy 12000 CTO frames, SY480 Gen11 compute modules, processors, memory kits, storage controllers, network adapters, power supplies, fans, and associated components across three essentially identical procurements (140 total line items). Offerors must provide matching HPE part numbers as listed in Section B's pricing worksheet and demonstrate authorized reseller or OEM status via signed manufacturer letter. All tangible items must be delivered to the FDIC Distribution Center in Arlington, Virginia, by December 23, 2026. The contract includes a five-year hardware maintenance period beginning upon acceptance and extending through December 31, 2031. Pricing should be submitted as firm-fixed-price with no sales tax (FDIC is tax-exempt). Proposals must include completed representations and certifications, software licensing agreements or EULAs, and reseller authorization documentation. Evaluation will follow a lowest-price technically-acceptable method, with technical acceptability determined by meeting minimum requirements of matching part numbers and authorized reseller/OEM status. Background investigations are required for personnel with on-site access to FDIC facilities or FDIC systems.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| SectionB_Pricing Worksheet_OFFERORS SHALL USE_vP0003.xlsx | XLSX spreadsheet | |
| CORHQ-26-Q-0285-P0003(SIGNED).pdf | ||
| Section B_Pricing Worksheet_Amend P00002_v81426.xlsx | XLSX spreadsheet | |
| CORHQ-26-Q-0285-Mod0002(SIGNED_v81426).pdf | ||
| REQID22712_CORHQ26_Q_0285_VENDORQUESTIONS(FINAL_v8626)__.xlsx | XLSX spreadsheet | |
| CORHQ-26-Q-0285-P00001 (SIGNED).pdf | ||
| SectionB_Pricing Worksheet_OFFERORS SHALL USE_v72126__.xlsx | XLSX spreadsheet |
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Text version
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-26-Q-0285
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 60
Item # Purchase Category Purchase Type Description Manufacturer Part # Qty Serial # Period of Performance (i.e. 1/1/2025 - 12/31/2025)
Discount percentage off commerical list or GSA pricing
Unit Cost Total Cost
1 HARDWARE GOODS HPE Synergy 12000 CTO Frame HPE P51174-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 2 HARDWARE GOODS HPE Synergy 12000 CTO Frame HPE P51174-B21 ABA 1 NSN Not later than 12/23/2026 $0.00 $0.00 3 HARDWARE GOODS HPE SY480 Gen11 Base CTO Cmpt Mdl HPE P39531-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 4 HARDWARE GOODS Factory Integrated HPE P39531-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 5 HARDWARE GOODS INT Xeon-G 6526Y CPU for HPE HPE P67080-B21 24 NSN Not later than 12/23/2026 $0.00 $0.00 6 HARDWARE GOODS Factory integrated HPE P67080-B21 0D1 24 NSN Not later than 12/23/2026 $0.00 $0.00 7 HARDWARE GOODS HPE 64GB 2Rx4 PC5-5600B-R Smart Kit HPE P64707-B21 192 NSN Not later than 12/23/2026 $0.00 $0.00 8 HARDWARE GOODS Factory integrated HPE P64707-B21 0D1 192 NSN Not later than 12/23/2026 $0.00 $0.00 9 HARDWARE GOODS HPE SY480 Gen11 Drive Less Kit HPE P39594-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00
10 HARDWARE GOODS Factory Integrated HPE P39594-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 11 HARDWARE GOODS HPE 480GB NVMe RI M.2 2280 V2 MV SSD HPE P80318-B21 24 NSN Not later than 12/23/2026 $0.00 $0.00 12 HARDWARE GOODS Factory Integrated HPE P80318-B21 0D1 24 NSN Not later than 12/23/2026 $0.00 $0.00 13 HARDWARE GOODS HPE NS204i-d Gen11 Ctrlr Kit HPE P39568-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 14 HARDWARE GOODS Factory Integrated HPE P39568-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 15 HARDWARE GOODS HPE Synergy 5330C 32Gb FC HBA HPE 870828-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 16 HARDWARE GOODS Factory Integrated HPE 870828-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 17 HARDWARE GOODS HPE Synergy 4820C 10/20/25Gb CNA HPE 876449-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 18 HARDWARE GOODS Factory Integrated HPE 876449-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 19 HARDWARE GOODS HPE SY480 Gen11 CPU Front HS Kit HPE P39587-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 20 HARDWARE GOODS Factory Integrated HPE P39587-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 21 HARDWARE GOODS HPE SY480 Gen11 CPU Rear HS Kit HPE P39589-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 22 HARDWARE GOODS Factory Integrated HPE P39589-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 23 HARDWARE GOODS HPE Synergy 50Gb Interconnect Link Mod HPE 867793-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 24 HARDWARE GOODS Factory Integrated HPE 867793-B21 0D1 1 NSN Not later than 12/23/2026 $0.00 $0.00 25 HARDWARE GOODS HPE VC SE 100Gb F32 Module HPE 867796-B22 1 NSN Not later than 12/23/2026 $0.00 $0.00 26 HARDWARE GOODS Factory Integrated HPE 867796-B21 0D1 1 NSN Not later than 12/23/2026 $0.00 $0.00 27 HARDWARE GOODS HPE QSFP+ 40Gb Bi-Directional XCVR HPE 841716-B21 6 NSN Not later than 12/23/2026 $0.00 $0.00 28 HARDWARE GOODS Factory Integrated HPE 841716-B21 0D1 6 NSN Not later than 12/23/2026 $0.00 $0.00 29 HARDWARE GOODS HPE Synergy VC 32Gb FC Module HPE 876259-B21 2 NSN Not later than 12/23/2026 $0.00 $0.00 30 HARDWARE GOODS Factory Integrated HPE 876259-B21 0D1 2 NSN Not later than 12/23/2026 $0.00 $0.00 31 HARDWARE GOODS HPE Synergy 4-port Frame Link Module HPE 876852-B21 2 NSN Not later than 12/23/2026 $0.00 $0.00 32 HARDWARE GOODS Factory Integrated HPE 876852-B21 0D1 2 NSN Not later than 12/23/2026 $0.00 $0.00 33 HARDWARE GOODS HPE 1800W-2200W FS Ti Ht Plg PS Kit HPE P44712-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 34 HARDWARE GOODS Factory Integrated HPE P44712-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 35 HARDWARE GOODS HPE Synergy 12000 HC Fan HPE P51175-B21 10 NSN Not later than 12/23/2026 $0.00 $0.00 36 HARDWARE GOODS Factory Integrated HPE P51175-B21 0D1 10 NSN Not later than 12/23/2026 $0.00 $0.00 37 HARDWARE GOODS HPE Synergy 12000 Frame Rack Rail Option HPE 804938-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 38 HARDWARE GOODS HPE Synergy 12000 Frame Rack Rail Option HPE 804938-B21 0D1 1 NSN Not later than 12/23/2026 $0.00 $0.00 39 HARDWARE GOODS HPE Synergy 12000 Frame 4x Lift Handle HPE 804943-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 40 HARDWARE GOODS HPE Synergy 12000 Frame 4x Lift Handle HPE 804943-B21 0D1 1 NSN Not later than 12/23/2026 $0.00 $0.00 41 HARDWARE GOODS Synergy Multi Frame Master1 FIO HPE 859493-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 42 HARDWARE GOODS HPE Synergy Composer2 Appliance HPE 872957-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 43 HARDWARE GOODS Factory Integrated HPE 872957-B21 0D1 1 NSN Not later than 12/23/2026 $0.00 $0.00 44 HARDWARE GOODS HPE Synergy Dual Slot PS Adapter HPE P44074-B21 6 NSN Not later than 12/23/2026 $0.00 $0.00 45 HARDWARE GOODS Factory Integrated HPE P44074-B21 0D1 6 NSN Not later than 12/23/2026 $0.00 $0.00 46 HARDWARE GOODS HPE Synergy 12000 CTO Frame HPE P51174-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 47 HARDWARE GOODS HPE Synergy 12000 CTO Frame HPE P51174-B21 ABA 1 NSN Not later than 12/23/2026 $0.00 $0.00 48 HARDWARE GOODS HPE SY480 Gen11 Base CTO Cmpt Mdl HPE P39531-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 49 HARDWARE GOODS Factory Integrated HPE P39531-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 50 HARDWARE GOODS INT Xeon-G 6526Y CPU for HPE HPE P67080-B21 24 NSN Not later than 12/23/2026 $0.00 $0.00 51 HARDWARE GOODS Factory integrated HPE P67080-B21 0D1 24 NSN Not later than 12/23/2026 $0.00 $0.00 52 HARDWARE GOODS HPE 64GB 2Rx4 PC5-5600B-R Smart Kit HPE P64707-B21 192 NSN Not later than 12/23/2026 $0.00 $0.00 53 HARDWARE GOODS Factory integrated HPE P64707-B21 0D1 192 NSN Not later than 12/23/2026 $0.00 $0.00 54 HARDWARE GOODS HPE SY480 Gen11 Drive Less Kit HPE P39594-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 55 HARDWARE GOODS Factory Integrated HPE P39594-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 56 HARDWARE GOODS HPE 480GB NVMe RI M.2 2280 V2 MV SSD HPE P80318-B21 24 NSN Not later than 12/23/2026 $0.00 $0.00
SECTION B - PRICING WORKSHEET - OFFERORS SHALL USE TO SUBMIT A QUOTE
Section B - Supplies or Services and Prices/Costs PAGE 4 OF 60
57 HARDWARE GOODS Factory Integrated HPE P80318-B21 0D1 24 NSN Not later than 12/23/2026 $0.00 $0.00 58 HARDWARE GOODS HPE NS204i-d Gen11 Ctrlr Kit HPE P39568-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 59 HARDWARE GOODS Factory Integrated HPE P39568-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 60 HARDWARE GOODS HPE Synergy 5330C 32Gb FC HBA HPE 870828-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 61 HARDWARE GOODS Factory Integrated HPE 870828-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 62 HARDWARE GOODS HPE Synergy 4820C 10/20/25Gb CNA HPE 876449-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 63 HARDWARE GOODS Factory Integrated HPE 876449-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 64 HARDWARE GOODS HPE SY480 Gen11 CPU Front HS Kit HPE P39587-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 65 HARDWARE GOODS Factory Integrated HPE P39587-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 66 HARDWARE GOODS HPE SY480 Gen11 CPU Rear HS Kit HPE P39589-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 67 HARDWARE GOODS Factory Integrated HPE P39589-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 68 HARDWARE GOODS HPE Synergy 50Gb Interconnect Link Mod HPE 867793-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 69 HARDWARE GOODS Factory Integrated HPE 867793-B21 0D1 1 NSN Not later than 12/23/2026 $0.00 $0.00 70 HARDWARE GOODS HPE VC SE 100Gb F32 Module HPE 867796-B22 1 NSN Not later than 12/23/2026 $0.00 $0.00 71 HARDWARE GOODS Factory Integrated HPE 867796-B21 0D1 1 NSN Not later than 12/23/2026 $0.00 $0.00 72 HARDWARE GOODS HPE QSFP+ 40Gb Bi-Directional XCVR HPE 841716-B21 6 NSN Not later than 12/23/2026 $0.00 $0.00 73 HARDWARE GOODS Factory Integrated HPE 841716-B21 0D1 6 NSN Not later than 12/23/2026 $0.00 $0.00 74 HARDWARE GOODS HPE Synergy VC 32Gb FC Module HPE 876259-B21 2 NSN Not later than 12/23/2026 $0.00 $0.00 75 HARDWARE GOODS Factory Integrated HPE 876259-B21 0D1 2 NSN Not later than 12/23/2026 $0.00 $0.00 76 HARDWARE GOODS HPE Synergy 4-port Frame Link Module HPE 876852-B21 2 NSN Not later than 12/23/2026 $0.00 $0.00 77 HARDWARE GOODS Factory Integrated HPE 876852-B21 0D1 2 NSN Not later than 12/23/2026 $0.00 $0.00 78 HARDWARE GOODS HPE 1800W-2200W FS Ti Ht Plg PS Kit HPE P44712-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 79 HARDWARE GOODS Factory Integrated HPE P44712-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 80 HARDWARE GOODS HPE Synergy 12000 HC Fan HPE P51175-B21 10 NSN Not later than 12/23/2026 $0.00 $0.00 81 HARDWARE GOODS Factory Integrated HPE P51175-B21 0D1 10 NSN Not later than 12/23/2026 $0.00 $0.00 82 HARDWARE GOODS HPE Synergy 12000 Frame Rack Rail Option HPE 804938-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 83 HARDWARE GOODS HPE Synergy 12000 Frame Rack Rail Option HPE 804938-B21 0D1 1 NSN Not later than 12/23/2026 $0.00 $0.00 84 HARDWARE GOODS Synergy Multi Frame Master2 FIO HPE 859494-B22 1 NSN Not later than 12/23/2026 $0.00 $0.00 85 HARDWARE GOODS HPE Synergy Composer2 Appliance HPE 872957-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 86 HARDWARE GOODS Factory Integrated HPE 872957-B21 0D1 1 NSN Not later than 12/23/2026 $0.00 $0.00 87 HARDWARE GOODS HPE Synergy Dual Slot PS Adapter HPE P44074-B21 6 NSN Not later than 12/23/2026 $0.00 $0.00 88 HARDWARE GOODS Factory Integrated HPE P44074-B21 0D1 6 NSN Not later than 12/23/2026 $0.00 $0.00 89 HARDWARE GOODS HPE Synergy 12000 CTO Frame HPE P51174-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 90 HARDWARE GOODS HPE Synergy 12000 CTO Frame HPE P51174-B21 ABA 1 NSN Not later than 12/23/2026 $0.00 $0.00 91 HARDWARE GOODS HPE SY480 Gen11 Base CTO Cmpt Mdl HPE P39531-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 92 HARDWARE GOODS Factory Integrated HPE P39531-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 93 HARDWARE GOODS INT Xeon-G 6526Y CPU for HPE HPE P67080-B21 24 NSN Not later than 12/23/2026 $0.00 $0.00 94 HARDWARE GOODS Factory integrated HPE P67080-B21 0D1 24 NSN Not later than 12/23/2026 $0.00 $0.00 95 HARDWARE GOODS HPE 64GB 2Rx4 PC5-5600B-R Smart Kit HPE P64707-B21 192 NSN Not later than 12/23/2026 $0.00 $0.00 96 HARDWARE GOODS Factory integrated HPE P64707-B21 0D1 192 NSN Not later than 12/23/2026 $0.00 $0.00 97 HARDWARE GOODS HPE SY480 Gen11 Drive Less Kit HPE P39594-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 98 HARDWARE GOODS Factory Integrated HPE P39594-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 99 HARDWARE GOODS HPE 480GB NVMe RI M.2 2280 V2 MV SSD HPE P80318-B21 24 NSN Not later than 12/23/2026 $0.00 $0.00
100 HARDWARE GOODS Factory Integrated HPE P80318-B21 0D1 24 NSN Not later than 12/23/2026 $0.00 $0.00 101 HARDWARE GOODS HPE NS204i-d Gen11 Ctrlr Kit HPE P39568-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 102 HARDWARE GOODS Factory Integrated HPE P39568-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 103 HARDWARE GOODS HPE Synergy 5330C 32Gb FC HBA HPE 870828-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 104 HARDWARE GOODS Factory Integrated HPE 870828-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 105 HARDWARE GOODS HPE Synergy 4820C 10/20/25Gb CNA HPE 876449-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 106 HARDWARE GOODS Factory Integrated HPE 876449-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 107 HARDWARE GOODS HPE SY480 Gen11 CPU Front HS Kit HPE P39587-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 108 HARDWARE GOODS Factory Integrated HPE P39587-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 109 HARDWARE GOODS HPE SY480 Gen11 CPU Rear HS Kit HPE P39589-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 110 HARDWARE GOODS Factory Integrated HPE P39589-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 111 HARDWARE GOODS HPE Synergy 50Gb Interconnect Link Mod HPE 867793-B21 2 NSN Not later than 12/23/2026 $0.00 $0.00 112 HARDWARE GOODS Factory Integrated HPE 867793-B21 0D1 2 NSN Not later than 12/23/2026 $0.00 $0.00 113 HARDWARE GOODS HPE Synergy VC 32Gb FC Module HPE 876259-B21 2 NSN Not later than 12/23/2026 $0.00 $0.00 114 HARDWARE GOODS Factory Integrated HPE 876259-B21 0D1 2 NSN Not later than 12/23/2026 $0.00 $0.00 115 HARDWARE GOODS HPE Synergy 4-port Frame Link Module HPE 876852-B21 2 NSN Not later than 12/23/2026 $0.00 $0.00
Section B - Supplies or Services and Prices/Costs PAGE 5 OF 60
116 HARDWARE GOODS Factory Integrated HPE 876852-B21 0D1 2 NSN Not later than 12/23/2026 $0.00 $0.00 117 HARDWARE GOODS HPE 1800W-2200W FS Ti Ht Plg PS Kit HPE P44712-B21 12 NSN Not later than 12/23/2026 $0.00 $0.00 118 HARDWARE GOODS Factory Integrated HPE P44712-B21 0D1 12 NSN Not later than 12/23/2026 $0.00 $0.00 119 HARDWARE GOODS HPE Synergy 12000 HC Fan HPE P51175-B21 10 NSN Not later than 12/23/2026 $0.00 $0.00 120 HARDWARE GOODS Factory Integrated HPE P51175-B21 0D1 10 NSN Not later than 12/23/2026 $0.00 $0.00 121 HARDWARE GOODS HPE Synergy 12000 Frame Rack Rail Option HPE 804938-B21 1 NSN Not later than 12/23/2026 $0.00 $0.00 122 HARDWARE GOODS HPE Synergy 12000 Frame Rack Rail Option HPE 804938-B21 0D1 1 NSN Not later than 12/23/2026 $0.00 $0.00 123 HARDWARE GOODS HPE Synergy Dual Slot PS Adapter HPE P44074-B21 6 NSN Not later than 12/23/2026 $0.00 $0.00 124 HARDWARE GOODS Factory Integrated HPE P44074-B21 0D1 6 NSN Not later than 12/23/2026 $0.00 $0.00 125 HARDWARE GOODS HPE SY 300Gb Interconnect Link 3m AOC HPE 876689-B21 8 NSN Not later than 12/23/2026 $0.00 $0.00 126 HARDWARE GOODS HPE 100Gb QSFP28 to QSFP28 3m DAC HPE 845406-B21 2 NSN Not later than 12/23/2026 $0.00 $0.00 127 HARDWARE GOODS HPE Premier Flex LC/LC OM4 2f 5m Cbl HPE QK734A 12 NSN Not later than 12/23/2026 $0.00 $0.00 128 HARDWARE GOODS HPE B-series 32G SFP28 SW 1pk Sec XCVR HPE R6B12A 48 NSN Not later than 12/23/2026 $0.00 $0.00 129 HARDWARE GOODS HPE BLc 10G SFP+ SFP+ 3m DAC Cable HPE 487655-B21 3 NSN Five Years From Acceptance Date $0.00 $0.00 130 HARDWARE MAINTENANCE HPE 5Y Tech Care Essential wDMR SVC HPE HU4A7A5 1 NSN Five Years From Acceptance Date $0.00 $0.00 131 HARDWARE MAINTENANCE HPE Synergy 1200 Frame Supp HPE HU4A7A5 WJN 3 NSN Five Years From Acceptance Date $0.00 $0.00 132 HARDWARE MAINTENANCE HPE Synergy VC 32Gb FC Support HPE HU4A7A5 YYD 6 NSN Five Years From Acceptance Date $0.00 $0.00 133 HARDWARE MAINTENANCE HPE Synergy Composer2 Support HPE HU4A7A5 Z1Q 2 NSN Five Years From Acceptance Date $0.00 $0.00 134 HARDWARE MAINTENANCE HPE Synergy VC SE 100Gb F32 Module Supp HPE HU4A7A5 Z1R 2 NSN Five Years From Acceptance Date $0.00 $0.00 135 HARDWARE MAINTENANCE HPE Synergy 50Gb IC Link Module Support HPE HU4A7A5 Z1S 4 NSN Five Years From Acceptance Date $0.00 $0.00 136 HARDWARE MAINTENANCE HPE SY480 Gen11 Support HPE HU4A7A500ES 36 NSN Five Years From Acceptance Date $0.00 $0.00 137 HARDWARE MAINTENANCE HPE Technical Installation Startup SVC HPE HA124A1 1 NSN Five Years From Acceptance Date $0.00 $0.00
138 HARDWARE MAINTENANCE
HPE Technical Installation Startup SVC HPE
Synergy First Frame Startup SVC HPE HA124A1 5ZM 1 NSN Five Years From Acceptance Date $0.00 $0.00
139 HARDWARE MAINTENANCE
HPE Technical Installation Startup SVC HPE
Synergy Additional Frame Startup SVC HPE HA124A1 5ZQ 2 NSN Five Years From Acceptance Date $0.00 $0.00
140 SERVICES SUPPORT S&H HPE NPN 1 NSN Five Years From Acceptance Date $0.00 $0.00
$0.00GRAND TOTAL
Add Rows
Section B - Supplies or Services and Prices/Costs PAGE 6 OF 60
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 7 OF 60
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 unduly delay the work.
(b) The FDIC shall have 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 8 OF 60
Section F - Deliveries or Performance
7.3.1-09 - Delivery Schedule - July 2008 The goods must be delivered in accordance with the following schedule.
The goods shall be delivered in accordance with the pricing schedule (Section B).
7.3.1-10 - Place of Delivery or Performance - November 2025 The place of delivery or performance is:
All tangible items shall be delivered to the following address:
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. Please do not ship items to the Contracting Officer or Oversight Manager.
Non-tangible items shall be submitted to the following email address: DITSoftwareMgt@fdic.gov. To include all certificates an maintenance renewals
7.3.1-12 - Period of Performance - July 2023 "The Period of Performance begins September 28, 2026, and ends not later than December 31, 2031 (subject to change). The five-year maintenance term will begin upon acceptance. All hardware procured (as shown in Section
B) shall be delivered no later than December 23, 2026. The overall period of performance shown above allows for delivery and acceptance, and the hardware maintenance (shown in Section B) is to be provided by the vendor for five years. The end date will be adjusted as needed depending on when acceptance of the hardware occurs.
Section F - Deliveries or Performance PAGE 9 OF 60
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 TBD.
(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 Harold Groves. He can be reached at hgroves@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 10 OF 60
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 11 OF 60
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 12 OF 60
(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 13 OF 60
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 14 OF 60 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 15 OF 60
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 16 OF 60 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 17 OF 60
7.3.5-01 - Emergency Preparedness - July 2008
(a) If the contractor, at any time during the performance of this contract/order, is determined by the FDIC (at its sole discretion) to provide services essential or critical to the FDIC mission (based on the nature of an actual or threatened emergency situation as declared by any competent federal, state or local authority), then upon such notice to the contractor by the FDIC contracting officer; the contractor shall take immediate and effective measures to ensure the availability or use of back-up or redundant services and/or system(s) support to deal with such emergency, and to ensure uninterrupted support of the services or system(s) support under the contract/order so identified.
(b) Any back-up or redundant services and/or system(s) support required under this provision (whether subject to reimbursement by FDIC or not, as described below) must be provided for as long as the actual or threatened emergency situation exists.
(c) Any costs associated with providing back-up or redundant services and/or system(s) support provided by the contractor under this section must be reimbursed at a rate that must not exceed the current prices or hourly rates provided for in the contract/order, unless such back-up or redundant services and/or system(s) support was a requirement of the contract/order in question and the costs for providing such back-up or redundant services and/or system(s) support was included in the contract/order price. In this case, the contract/order requiring back-up or redundant services and/or system(s) support must be provided by the vendor as required at no additional cost to
FDIC during the term of the contract/order, and must be subject to reimbursement only for the time the back-up or redundant services and/or system(s) support is provided beyond the expiration of the contract/order, if so required by FDIC.
7.4.2-02 - Off-site Processing and Storing of FDIC Information - August 2018
(a) Control and Protection of FDIC Information. The Contractor shall implement effective, administrative, technical, and physical safeguards to ensure that all FDIC information in its possession or under its control is adequately protected from loss, misuse, and unauthorized access or modification. The creation, collection, use, processing, storing, maintenance, dissemination, disclosure, and disposal of FDIC information shall comply with all applicable federal and state laws and FDIC directives, rules and regulations regarding protection of information. The
Contractor shall not use any FDIC information except to the extent necessary to carry out its obligations under the contract. The Contractor shall not disclose FDIC information to any third party unless disclosure is authorized in the contract, the Contractor obtains the prior written consent of the Contracting Officer, or to the extent expressly required by applicable law, in which case the Contractor shall notify the Contracting Officer at least ten (10) business day before such disclosure, to allow the FDIC to object or concur.
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