RFQ_Continuation_Page.pdf

D16PS00925 Page 2 of 14

SECTION 1 – INTRODUCTION

The Government anticipates awarding a Firm-Fixed-Price (FFP) Purchase Order, as a result of this request for quotation (RFQ).

The Department of the Interior (DOI), Office of the Secretary (OS), Office of the Chief Information

Officer (OCIO) requires renewed Chicago Soft, Ltd. MVS/QuickRef software maintenance support.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in

Federal Acquisition Regulation (FAR) subpart 12.6, "Streamlined Procedures for Evaluation and

Solicitation for Commercial Items", as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

This solicitation D16PS00912 is issued as an RFQ. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-89.

This RFQ is conducted under the authority of FAR 13.5 Simplified Acquisitions for Certain Commercial

Items with North American Industrial Classification System (NAICS) Code: 511210 – Software

Publishers. The Product or Service Code (PSC) is 7030 – ADP Software.

The Government anticipates awarding a Firm-Fixed-Price (FFP) Purchase Order, as a result of this RFQ.

SECTION 2 – REQUIREMENTS

This is a brand name requirement for Chicago Soft, Ltd. MVS/QuickRef software maintenance support renewals. A sole source determination under the authority of 13.106-1(b)(1)(i), soliciting from a single source, was developed and approved for this requirement. A redacted copy of this J&A is provided as

Attachment 2 of this RFQ.

The Contractor shall provide a certificate of support coverage to the Delivery Point of Contact (POC), within 30 days of the award date. The Delivery POC will be identified upon award.

The Government requires renewed maintenance support for MVS/QuickRef software products. The part numbers, descriptions, quantities, and performance periods for all required products are identified in

Attachment 1 – Pricing Sheet.

Quoted products shall provide all updates and fixes according to the support level required and the service level agreement established by Original Equipment Manufacturer (OEM).

SECTION 3 – QUOTE PREPARATION & SUBMISSION INSTRUCTIONS

3.1 Quote Preparation Instructions

The following information shall be submitted in order to be considered for award:

1. Quoters shall provide pricing for all items identified in Section 2 above. Part Numbers, Part

Number Descriptions, Unit Prices, and Extended Pricing shall be provided by the quoter for all line items.

2. Quoters shall provide the following information along with their quote:

1) Tax Identification Number (TIN)

2) Dun and Bradstreet Number (DUNS)

D16PS00925 Page 3 of 14

3) Complete business mailing address as it appears in the System for Award

Management(SAM) at sam.gov

4) Contact name, phone number, and e-mail address

5) RFQ Number

6) Quote Number

7) Delivery lead times and delivery date

8) Verification of Section 508 compliance for all IT products contained in the quote

9) Verification of FEMP and/or ENERGY STAR compliance if required in FAR Part 23

It is the contractor’s responsibility to ensure that all products quoted in response to this RFQ comply if applicable.

10) Identification of any commercial or Original Equipment Manufacturer terms and conditions applicable to the quote that non-comply with the terms and conditions of this solicitation

If the Government deems the terms and conditions to be unacceptable, the quoter may be found ineligible for award. For each non-compliant term and/or condition, the quoter shall identify technical and price impacts to its quote if it is not accepted by the

Government.

Quoters are required to be registered in the SAM website as of the date the quote is submitted. The SAM website can be accessed via www.sam.gov. The quoter’s SAM registration shall be in active status.

Quotes that do not meet all the requirements specified in this RFQ will not be considered.

3.2 Submission of Quotes

Quotes shall be submitted via the email no later than the date and time specified in Section 3.3 of this

RFQ. It is the quoter’s responsibility to ensure/verify that the Government receives its submission on or before this date and time. Quotes received later than this date and time will not be considered.

3.3 Quote Submission Deadline

Quotes shall be submitted via email to the Contract Specialist at Steven_Schumacher@ibc.doi.gov, NO

LATER THAN 4:00 PM Eastern Time on September 19, 2016.

SECTION 4 – EVALUATION OF QUOTES

Award will be made to the quoter that provides the lowest-priced, technically acceptable quote.

The Government will evaluate quotes as follows:

Technical: Quotes providing the products meeting all minimum specifications identified in

Attachment 1, in the exact quantities, and meet all other requirements specified in the RFQ will be deemed technically acceptable. Technical acceptability is determined on a Pass/Fail basis.

Past Performance: A review will be conducted of the quoter’s information in the Past

Performance Information Retrieval System (PPIRS) and the Federal Awardee Performance and

Integrity Information System (FAPIIS). Based on this review of the quoter’s past performance information, the Contracting Officer will determine if the quoter poses past performance risk to the Government. Quoters that pose past performance risk to the Government will not be considered. Past performance is determined on a Pass/Fail basis.

http://www.sam.gov/ mailto:Steven_Schumacher@ibc.doi.gov

D16PS00925 Page 4 of 14

Price: Price will be evaluated for all quotes that are determined to be technically acceptable, in order to determine if the quoted price is fair and reasonable. Price will be determined by summation of the total price of all items for the base period and all option periods.

Award will be made to the quoter whose quote (1) is determined to be technically acceptable, (2) does not pose past performance risk to the Government, and (3) is the lowest total price determined to be fair and reasonable.

SECTION 5 – TERMS AND CONDITIONS

5.1 Period of Performance

The anticipated period of performance for this requirement is as follows:

Base Period 09/30/2016 – 09/29/2017

Option Period 1 09/30/2017 – 09/29/2018

Option Period 2 09/30/2018 – 09/29/2019

Option Period 3 09/30/2019 – 09/29/2020

Option Period 4 09/30/2020 – 09/29/2021

5.2 Delivery Location and Delivery Point of Contact (POC)

All deliveries are electronic. The Delivery POC will be identified upon award.

5.3 Environmental Requirements

The Government’s policy is to reduce the adverse environmental impact of our purchasing decisions by buying goods and services from manufacturers and vendors who share our commitment to protect human health and the environment. This policy will reduce our demand for energy and petroleum based products, extending the useful life of products, reusing materials when possible and recycling.

In accordance with FAR Part 23, “Environment, Energy and Water Efficiency, Renewable Energy

Technologies, Occupational Safety, and Drug-Free Workplace,” Federal agencies are required to purchase

Federal Energy Management Program (FEMP) designated or ENERGY STAR qualified products. If applicable, it is the quoter’s responsibility to ensure that all products quoted in response to this solicitation comply with the FEMP and/or ENERGY STAR requirements of FAR Part 23.

5.4 Provisions Incorporated by Full Text

FAR 52.203-98 – Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements—Representation (Feb 2015)

(a) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to

Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

D16PS00925 Page 5 of 14

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(End of Provision)

FAR 52.217-5, Evaluation of Options (July 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

FAR 52.233-2 -- Service of Protest (Sep 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

Christopher Morningstar

Contracting Officer

Acquisition Services Directorate christopher_s_morningstar@ibc.doi.gov

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

Department of the Interior Acquisition Regulation (DIAR) 1452.233-2 – Service of Protest

Department of the Interior (Jul 1996) (DEVIATION)

(c) A copy of the protest served on the Contracting Officer shall be simultaneously furnished by the protester to the Department of the Interior Assistant Solicitor for Acquisitions and Intellectual Property, 1849 C Street, NW, Room 6455, Washington, D.C. 20240.

DIAR 1452.215-71 – Use and Disclosure of Proposal Information - Department of the Interior (Apr

1984)

(a) Definitions. For the purposes of this provision and the Freedom of Information Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) “Trade Secret” means an unpatented, secret, commercially valuable plan, appliance, formula, or process, which is used for making, preparing, compounding, treating or processing articles or materials which are trade commodities.

(2) “Confidential commercial or financial information” means any business information (other than trade secrets) which is exempt from the mandatory disclosure requirement of the Freedom of Information Act, 5 U.S.C. 552. Exemptions from mandatory disclosure which may be applicable to business information mailto:christopher_s_morningstar@ibc.doi.gov

D16PS00925 Page 6 of 14 contained in proposals include exemption (4), which covers “commercial and financial information obtained from a person and privileged or confidential,” and exemption (9), which covers “geological and geophysical information, including maps, concerning wells.”

(b) If the offeror, or its subcontractor(s), believes that the proposal contains trade secrets or confidential commercial or financial information exempt from disclosure under the Freedom of Information Act, (5

U.S.C. 552), the cover page of each copy of the proposal shall be marked with the following legend:

“The information specifically identified on pages ______ of this proposal constitutes trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act. The offeror requests that this information not be disclosed to the public, except as may be required by law. The offeror also requests that this information not be used in whole or part by the government for any purpose other than to evaluate the proposal, except that if a contract is awarded to the offeror as a result of or in connection with the submission of the proposal, the Government shall have the right to use the information to the extent provided in the contract.”

(c) The offeror shall also specifically identify trade secret information and confidential commercial and financial information on the pages of the proposal on which it appears and shall mark each such page with the following legend:

“This page contains trade secrets or confidential commercial and financial information which the offeror believes to be exempt from disclosure under the Freedom of Information Act and which is subject to the legend contained on the cover page of this proposal.”

(d) Information in a proposal identified by an offeror as trade secret information or confidential commercial and financial information shall be used by the Government only for the purpose of evaluating the proposal, except that (i) if a contract is awarded to the offeror as a result of or in connection with submission of the proposal, the Government shall have the right to use the information as provided in the contract, and (ii) if the same information is obtained from another source without restriction it may be used without restriction.

(e) If a request under the Freedom of Information Act seeks access to information in a proposal identified as trade secret information or confidential commercial and financial information, full consideration will be given to the offeror's view that the information constitutes trade secrets or confidential commercial or financial information. The offeror will also be promptly notified of the request and given an opportunity to provide additional evidence and argument in support of its position, unless administratively unfeasible to do so. If it is determined that information claimed by the offeror to be trade secret information or confidential commercial or financial information is not exempt from disclosure under the Freedom of

Information Act, the offeror will be notified of this determination prior to disclosure of the information.

(f) The Government assumes no liability for the disclosure or use of information contained in a proposal if not marked in accordance with paragraphs (b) and (c) of this provision. If a request under the Freedom of Information Act is made for information in a proposal not marked in accordance with paragraphs (b) and (c) of this provision, the offeror concerned shall be promptly notified of the request and given an opportunity to provide its position to the Government. However, failure of an offeror to mark information contained in a proposal as trade secret information or confidential commercial or financial information will be treated by the Government as evidence that the information is not exempt from disclosure under the Freedom of Information Act, absent a showing that the failure to mark was due to unusual or extenuating circumstances, such as a showing that the offeror had intended to mark, but that markings were omitted from the offeror's proposal due to clerical error.

AQD Custom Provision – SECTION 508 APPLICABLE STANDARDS

The resources acquired in this investment must meet all applicable standards established by the Access

Board in 36 CFR Part 1194, including technical, functional performance, information, documentation, and support standards. The products, services, information and data that are provided to the Government

D16PS00925 Page 7 of 14 or the public as a result of this acquisition shall afford individuals with disabilities access comparable to that afforded to individuals without disabilities.

Standards applicable to this acquisition include:

_x_ Software Applications and Operating Systems 1194.21

___ Web-based Intranet and Internet Information and Applications 1194.22

___ Telecommunications Products 1194.23

___ Video or Multimedia Products 1194.24

___ Self-Contained, Closed Products 1194.25

___ Desktop and Portable Computers 1194.26

___ Functional performance criteria 1194.31

_x_ Information, Documentation, and Support 1194.41

The full text of the above referenced standards can be found at: http://www.section508.gov.

5.5 Clauses Incorporated by Reference

FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil/

FAR 52.212-4 – Contract Terms and Conditions -- Commercial Items (May 2015)

FAR 52.204-7 – System for Award Management (Jul 2013)

FAR 52.204-13 – System for Award Management Maintenance (Jul 2013)

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

FAR 52.232-40 - Providing Accelerated Payment to Small Business Subcontractors (Dec 2013)

FAR 52.233-1 – Disputes (May 2014)

Federal Acquisition Regulation (FAR) 52.212-1, Instructions to Offerors - Commercial Items (Oct

2015) is applicable to this acquisition. The information identified in Section 3.1.2 of this document must be provided with the quotation as addenda to 52.212-1(b).

FAR 52.212-3, Offeror Representations and Certifications – Commercial Items (July 2016) is applicable to this acquisition. Quoters shall either 1) ensure that all required information has been provided in the FAR 52.212-3 version as available in the System for Award Management (SAM) at www.sam.gov, AND that the SAM record is applicable to this acquisition; OR 2) if any of the information in the SAM record does not apply to this acquisition, shall submit a fully completed version of FAR 52.212-3 with its quote.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive

Orders – Commercial Items applies to this acquisition, and the following additional clauses cited in the clause are applicable to this acquisition:

FAR 52.204-10 – Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015)

FAR 52.209-6 – Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)

FAR 52.219-28 – Post-Award Small Business Program Rerepresentation (Jul 2013)

FAR 52.222-3 – Convict Labor (June 2003)

FAR 52.222-19 – Child Labor—Cooperation With Authorities and Remedies (Feb 2016) http://www.section508.gov/ http://farsite.hill.af.mil/ http://www.sam.gov/

D16PS00925 Page 8 of 14

FAR 52.222-21 – Prohibition of Segregated Facilities (Apr 2015)

FAR 52.222-26 – Equal Opportunity (Apr 2015) (E.O. 11246)

FAR 52.222-36 – Equal Opportunity for Workers With Disabilities (Jul 2014)

FAR 52.222-37 – Employment Reports on Veterans (Feb 2016)

FAR 52.222-50 – Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627)

FAR 52.223-18 – Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011)

(E.O. 13513)

FAR 52.225-1 – Buy American – Supplies (May 2014)

FAR 52.225-13 – Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury)

FAR 52.232-33 – Payment by Electronic Funds Transfer— System for Award Management (Jul 2013)

(31 U.S.C. 3332)

FAR 52.239-1 – Privacy or Security Safeguards (Aug. 1996)

(End of Incorporated Clauses)

5.6 Clauses Incorporated by Full Text

FAR 52.203-99 – Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements (Feb 2015)

(a) The contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such fraud, waste, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibition and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to

Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the

Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

(End of Clause)

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

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

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the

EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other

D16PS00925 Page 9 of 14 comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the

Government or any Government authorized end user to such clause.

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

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

FAR 52.252-6 -- Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

DIAR 1452.201-70 – Authorities and Delegations. (Sep 2011)

(a) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.

(b) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.

The COR will be responsible for technical monitoring of the contractor's performance and deliveries. The

COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor.

Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.

(c) The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the Contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government.

(d) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The

Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the

COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the

Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting

Officer's response issued under paragraph (e) of this clause.

(e) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph

(d) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.

(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.

(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on

D16PS00925 Page 10 of 14 behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.

DOI Local Clause - INTERNET PROTOCOL version 6 (June 2012)

(a) Any system hardware, software, firmware and/or networked component (voice, video or data) developed, procured, or acquired in support and/or performance of this contract shall be capable of transmitting, receiving, processing, forwarding and storing digital information across system boundaries utilizing system packets that are formatted in accordance with commercial standards of

Internet Protocol (IP) version 6 (IPv6) as set forth in the USGv6 Profile (NIST Special Publication

500-267) and corresponding declarations of conformance defined in the USGv6 Test Program. In addition, this system shall maintain interoperability with IPv4 systems and provide at least the same level of performance and reliability capabilities of IPv4 products.

(b) Specifically, any new IP product or system developed, acquired, or produced must:

1) Interoperate with both IPv6 and IPv4 systems and products, and

2) Have available contractor/vendor IPv6 technical support for development and implementation and fielded product management.

(c) As IPv6 evolves, the Contractor commits to upgrading or providing an appropriate migration path for each item developed, delivered or utilized at no additional cost of the Government. The Contractor shall retrofit all non-IPv6 capable equipment, as defined above, that is fielded under this contract with

IPv6 capable equipment, at no additional cost to the Government.

(d) The contractor shall provide technical support for both IPv4 and IPv6.

(e) Any system or software must be able to operate on networks supporting IPv4, IPv6, or one that supports both.

(f) Any product whose non-compliance is discovered and made known to the Contractor within one year after acceptance shall be upgraded, modified, or replaced to bring it into compliance at no additional cost to the Government.

AQD Custom Clause – Notices to the Government of Delays or Non-Compliance with Delivery

Schedules

The Contractor must immediately notify the Contracting Officer or designated representative when delays exceeding 1-business day are expected, and in the following cases:

1. When the Contractor anticipates difficulty in complying with the delivery order delivery schedule or date, and

2. When the Contractor has knowledge that any actual or potential situation is delaying, or threatens to delay, the timely performance of this delivery order.

In cases of delays that are under 1 business day and/or in cases when the Contractor is unable to comply with the delivery schedule, the Contractor must immediately notify the Contracting Officer or designated representative by phone. These notifications shall be informational in character and this provision shall not be construed as a waiver by the Government of any delivery schedule or of any rights or remedies provided by law or under this delivery order.

The Contractor will not be liable for failure to perform services where such failure is caused, directly or indirectly, by: (i) a strike, (ii) an act of God, or (iii) circumstances beyond the control of the Contractor.

(End of Custom Clause)

D16PS00925 Page 11 of 14

AQD Custom Clause – Conflict of Interest, Organizational and Consultant Conflicts of Interest

It is the Department of the Interior’s policy to avoid situations in the procurement process where, by virtue of work or services performed for DOI, or as the result of data acquired from DOI, or from industry, a particular company:

a) Is given unfair competitive advantage over the companies in respect to future DOI business;

b) Is placed in a position to affect Government actions under circumstances in which there is danger that the company’s judgment may be biased; or

c) Otherwise finds that a conflict exists between the performance of work or devices for Government in an impartial manner and the company’s self-interest.

d) If the Contractor has reason to believe that a task assigned by the Contracting Officer or a task being performed by the Contractor violates this policy, the Contractor shall promptly notify the Contracting

Officer and state the reasons why a conflict of interests exists, or may appear to exist. After receiving such notice the Contracting Officer shall promptly inform the Contractor whether it should begin, or continue, the assigned task.

AQD Custom Clause – Confidentiality and Non-Disclosure

All information regarding the work products developed and made available to the contractor under the order and resulting contracts must be regarded as sensitive information by the contractor and not be disclosed or used in any other way than on the performance of this order to anyone outside the contractor’s organization without the written permission of the Government.

All contractor personnel shall sign a non-disclosure agreement and organizational conflict of interest

(OCI) certification. The contractor shall take all reasonable precautions not to divulge information about the requirement and/or use this information for the contractor’s gain and shall not divulge any information to any other organization without written permission from the Government. Non-Disclosure Statements and Organizational Conflict of Interest (OCI) Certifications are required.

AQD Custom Clause – Prevention of Malicious Code

(a) Definitions

Malicious code is a computer code developed for the purpose of causing some form of intentional damage to computer systems or networks. Malicious code may be a complete program or code imbedded in software programs that appear to provide useful functions. The term includes computer viruses and other destructive programs, such as "Trojan Horses" and network "worms."

(b) The contractor must have in place an anti-virus procedure to ensure that media supplied is uncontaminated by malicious code.

(c) The contractor is required to scan all delivered software to insure it is free of malicious code prior to its installation or operation on Government-owned computers or contractor-owned computers connected

D16PS00925 Page 12 of 14 to Government computer systems or networks. Contractors using diagnostics software disks or connecting to a non-Government computer while performing repairs or upgrades to a Government computer will scan the serviced computer's drive(s) to insure they are free of malicious code upon completion of the service call, or prior to return of serviced equipment, if servicing is performed off-site.

AQD Custom Clause – Invoicing

Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (Apr 2013)

Payment requests must be submitted electronically through the U. S. Department of the Treasury's

Invoice Processing Platform System (IPP).

"Payment request" means any request for contract financing payment or invoice payment by the

Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4

Contract Terms and Conditions – Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:

Included with the electronic IPP invoice shall be an attached itemized (printable) invoice.

The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-

3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the contracting officer with its proposal or quotation.

Invoice Submission

The vendor must submit an invoice for payment no later than 30 calendar days after the delivery of each item and/or at the end of each month of performance of services for the duration of the delivery order. The vendor must notify the contracting officer in writing if the invoice will not be submitted within the specified time frame. Invoices MUST be submitted ELECTRONICALLY. HARD

COPIES OF INVOICES AND SEPARATELY EMAILED INVOICES WILL NOT BE

PROCESSED.

The contractor is responsible for ensuring invoices submitted are accurate and complete, and all labor, travel and other direct costs are in accordance with federal guidelines, the Federal Travel

Regulations and other Government mandates and directives.

Additional supporting documentation MAY BE REQUESTED at the discretion of the COR.

INVOICE CONTENTS

For Firm Fixed Price CLINS – Detailed pricing will be provided per deliverable.

Invoices will be submitted upon successful delivery and Government acceptance of each deliverable. The contractor shall develop a payment schedule based on deliverables which will be reviewed by both the COR and CO. If the payment schedule is acceptable to the Government, the contractor shall bill based on the deliverable schedule accepted by https://www.ipp.gov/ mailto:ippgroup@bos.frb.org

D16PS00925 Page 13 of 14 the Government. Resulting delivery orders will indicate the payment schedule accepted by the Government.

The invoice will contain the following:

(A) Contract/Task Order number

(B) CLIN/Item number of deliverable

(C) Description of deliverable

(D) Unit Price of deliverable

(E) Quantity of deliverable

(F) Period of Performance for services, or date deliverable was provided to the

Government for inspection

(G) Total price of deliverable or period of performance

(H) Serial number/part number if applicable

(I) Cumulative CLINs delivered and cumulative paid on delivered CLINS

INVOICE PAYMENT

Payments under this order will be due 30 calendar days after the date of actual receipt of proper invoice in the office designated to receive the original invoice or final acceptance of the goods or services, whichever is later.

All payments will be made via electronic funds transfer (EFT). The date of payment by wire transfer through the Treasury Financial Communications System shall be considered to be the day payment is made.

FINAL INVOICE

Within sixty (60) calendar days of product acceptance and/or completion of services for each awarded delivery order:

a) The contractor shall submit a final invoice designated as such by a clear statement of

“FINAL INVOICE” on the face of the invoice document.

b) The contractor shall provide a certificate of completion which certifies all goods and service have been provided as required by the PWS issued with each awarded delivery order.

c) The contractor shall provide a release of claims against the Government for any further payment under the awarded delivery order.

The sixty (60) calendar day submission timeframe shall not be extended without written authorization from the CO. In the event items a, b, or c above are not submitted within the authorized timeframe, the CO will make final cost determinations in order to make final payment and close out the contract unilaterally.

D16PS00925 Page 14 of 14

SECTION 6 – ATTACHMENTS

Attachment 1 – Pricing Sheet

Attachment 2 – Single Source Determination