S10_Addendum__EXIM17Q0056__Terms_and_Conditions.docx

ADDENDUM – EXIM17Q0056 – TERMS AND CONDITIONS

BLANKET PURCHASE AGREEMENT (BPA)

EXIM COMMSCOPE CABLING AND NETWORKING PROJECT

EXPORT-IMPORT BANK OF THE UNITED STATES OF AMERICA

BLANKET PURCHASE AGREEMENT: EXIM17Q0056

In the spirit of the Federal Acquisition Streamlining Act, Export-Import Bank of the US (EXIM Bank) is entering into single award blanket purchase agreement with one contractor to further reduce the administrative costs of acquiring commercial services for EXIM’s CommScope Cabling and Networking Project.

BPAs dramatically reduce administrative costs and streamline the acquision process with recurring purchases. Contractor Team Arrangements are permitted with Federal Supply Schedule contractors in accordance with Federal Acquisition Regulation (FAR) Subpart 9.6.

This BPA will further decrease costs, reduce paperwork and save time by eliminating the need for repetitive, individual purchases from the Schedule contract. The end result is to create a purchasing mechanism for the Government that works better and costs less.

EXPORT-IMPORT BANK

BLANKET PURCHASE AGREEMENT

Pursuant to FAR SubPart 13.303-3 Preparation of BPAs, the Contractor agrees to the following terms and conditions of a Blanket Purchase Agreement (BPA) EXCLUSIVELY with the Export-Import Bank:

(1) Description of agreement. The contractor shall provide the cable installation services necessary to complete sections of work required at EXIM Bank’s work sites in the DC metropolitan area including but not limited to: cabling to desktops, work to cable and integrate conference rooms and video monitors, clean up of racking systems, and mapping and cabling of Systimax Controllers and Wi-Fi components. The contractor will provide Project Management and Cable installation services and will coordinate these activities with the COR and other stakeholders. Please review the BPA SOW for more information.

(2) Extent of obligation. The Government is obligated only to the extent of authorized purchases actually made under the BPA.

(3) Purchase limitation. The Government is establishing an overall ceiling based on the estimate of the volume of purchases through this agreement at $600,000.00. The ceiling for individual BPA calls is $150,000.00.

(4) Individuals authorized to purchase under the BPA. The Government is authorizing any EXIM Bank warranted Contracting Officer to make purchases under this BPA. The Contracting Officer making the purchase must have a warrant level that is sufficient enough to make the purchase.

(5) Delivery tickets. Unless otherwise agreed to, all deliverables under this BPA must be accompanied by delivery tickets or sales slips that must contain the following information as a minimum:

(a) Name of Contractor;

(b) Contract Number;

(c) BPA Number;

(d) Model Number or National Stock Number (NSN);

(e) Task/Delivery Order Number;

(f) Date of Purchase;

(g) Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and

(h) Date of Shipment.

(6) Invoices. A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets. Please review the “Submission of Invoices” section later in this document for more information.

SPECIAL REQUIREMENTS

BPA Ordering Procedures:

The Government will adhere to the purchasing standards defined by FAR SubPart 13.303-5 Purchases under BPAs and will follow the appropriate regulations depending on how many BPA awards there are.

BPA Administration/Annual Review:

BPAs awarded as a result of this solicitation will be for a base year and four full option years to correspond with the dates above. At the end of the base year and each option year (with the exception of the fourth and final option year), the Government will conduct an annual review to:

(1) Ensure that each BPA is reviewed at least annually and, if necessary, updated at that time; and

(2) Maintain awareness of changes in market conditions, sources of supply, and other pertinent factors that may warrant making new arrangements with different suppliers or modifying existing arrangements.

The Government will also ensure that the BPA still represents the best value to the Government and determine whether additional price reductions can be obtained (see FAR SubPart 13.303-6).

BPA Call Order Contract Type:

The Contracting Officer has the discretion on whether to use a firm-fixed price, time & materials or labor hour contract type at the BPA call order level.

Site Visit:

The Government will be holding a site visit for interested parties on Wednesday, May 31 at 2 PM EST. The site visit will happen at EXIM Bank’s headquarters at 811 Vermont Ave., NW, Washington D.C. 20571 with participants meeting in the lobby.

Please contact Alan Foust at 202-565-3312 for further information and to reserve a spot. Offerors at the site visit will receive a detailed walkthrough of the building and will see the location of the data drops.

Period of Performance:

The period of performance will begin on or about June 12, 2017 and run through on or about June 11, 2022, assuming the exercise of all option periods (one year base plus four full option years).

Place of Performance:

The primary place of performance shall be in EXIM bank facilities. The contractor may perform task related activities at home (Telework) and at contractor facilities within the local area when required and authorized by the Government. Contractor shall follow Office of Information Management Technologies’ (IMT) established policies and guidelines for Telework. Reimbursement for local travel is not authorized.

Hours of Work:

On-site contractor support shall be available during customer agency normal operating hours (0900 - 1700). Work shall generally consist of 40-hour workweeks, Monday through Friday, excluding federal holidays. The contractor personnel shall observe all Federal holidays. The contractor shall provide for non-standard duty hours support on an as required basis. Non-standard duty hours or additional hours or times for work to be performed shall be coordinated with the COR or authorized client representative.

Meetings:

Status Meetings and Project Reviews shall be held regularly as required to ensure effective program management and efficient and effective resolution of problems throughout the life of the contract. The Contractor’s on site manager shall meet on a periodic basis with the Ex-Im Bank to discuss the project’s progress, planned activities, issues, and other items as requested by the Contractor or the Ex-Im Bank. The frequency of these meetings will be determined as mutually agreed between the Contractor and the Government.

Quality Control:

The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which it assures itself that this work complies with the requirement of the contract. The Contractor shall submit the Quality Control Plan (QCP) with submission of its quotation. Copies of a comprehensive QCP shall be submitted to the Contract Specialist, CO and COR within 5 working days when changes are made thereafter. After acceptance of the QCP the Contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

Quality Assurance:

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable quality level (AQL).

Government Furnished Equpment/Information:

Upon the award and placement of each task order, the Government will provide a list of GFP materials to the offeror. Government Furnished Property (GFP), which includes Government Furnished Material (GFM), Government Furnished Information (GFI), and Government Furnished Equipment (GFE), may be provided and shall be identified in the individual task order. The offeror shall be responsible for conducting all necessary examinations, inspections, maintenance, and tests upon receipt.

The Government will furnish the following property, facilities, services, or information:

Government Furnished Equipment (GFE): Upon the award and placement of each BPA call order, GFE may be made available by EXIM for use by the offeror to support the tasks. The offeror shall use GFE to provide support services as mutually agreed upon by the offeror and Agency. The offeror shall evaluate all equipment as the Agency directs.

Government Furnished Information (GFI): Site floor plans, specifications, and references will be provided by the COTR.

Facilities: The Ex-Im Bank agrees to furnish the Contractor with reasonable access to computer systems and equipment when the Contractor is working subject to Ex-Im Bank security requirements.

Access to Bank Staff: The Contractor shall work directly with the COR for all communications. Access to other Bank personnel or contractors with knowledge of the application will also be provided with reasonable coordination. The Contractor shall provide the COR with a list of personnel working on this contract who may need access to Bank personnel listed by: name, address, business telephone number, position and e-mail address. The Contractor’s project manager shall maintain the list and update as needed. The Contractor’s project manager will provide the COR with current copies of this list.

Materials, Equipment and Facilities:

The offeror shall meet and comply with the federal guidelines and general requirements for the management, maintenance, and handling of equipment and equipment services Applicable directives:

The Contractor shall adhere to all applicable Federal regulations. This includes but is not limited to the following:

General

· Paperwork Reduction Act: https://www.whitehouse.gov/sites/default/files/omb/assets/inforeg/PRAPrimer_04072010.pdf

· Plain Writing Act of 2010:

http://www.plainlanguage.gov/index.cfm

· The Privacy Act of 1974:

https://www.justice.gov/opcl/privacy-act-1974 Web and Interface Design

· Federal US Web Design Standards:

https://standards.usa.gov/

· 508 Compliance:

https://www.section508.gov/

Records Management

· Presidential memorandum, “Managing Government Records”:

https://www.whitehouse.gov/the-press-office/2011/11/28/presidential-memorandum-managing-government-records

· 36 CFR Part 1220, Subpart B:

https://www.gpo.gov/fdsys/pkg/CFR-2011-title36-vol3/pdf/CFR-2011-title36-vol3-part1220.pdf

· DOD 5015.2 STD - Electronic Records Management Software Applications Design Criteria Standard:

http://www.dtic.mil/whs/directives/corres/pdf/501502std.pdf

Software and Hardware Rights:

All application code and system documentation that the Contractor develops under this contract becomes the property of the U.S. Government. All hardware, software, and associated documentation purchased by the Contractor for this contract become the property of the U.S. Government.

CONTRACT ADMINISTRATION

Post Award Conference:

Within the two weeks after contract award, the contractor shall provide a draft agenda to Ex-Im Bank and hold a telephone discussion with Ex-Im Bank to schedule the orientation meeting, discuss the agenda and decide who will attend the meeting. Within two weeks of the award of this contract, the contractor shall meet with Ex-Im Bank staff virtually or at Ex-Im Bank’s headquarters in Washington, D.C. The purpose of this meeting is to refine expectations for the project, initiate working relations, review the contract Study Plan, address any challenges to design approach and/or data collection, and review the schedule of deliverables. Example of specific topics to be addressed at this meeting shall include, but not be limited to:

1. mutual understanding of project objectives and priorities;

1. overview of the sample design, data collection activities and data sources;

1. contract schedule, including milestones, dates for submission of deliverables, and required timeframes for clearance activities (data collection and reports);

1. formats for reporting data collection and general project progress;

1. protocols for all communications between the Contracting Officer’s Representative (COR), headquarters and regional Ex-Im Bank staff;

1. confirmation of subtask staffing; and

1. potential challenges and possible strategies to successfully address them.

Within one week after the orientation meeting, the contractor shall submit to Ex-Im Bank an electronic copy of the draft Summary Memorandum documenting the discussion. It shall summarize the meeting, including an elaboration of project objectives, decisions reached, and identification of any outstanding issues and strategies for resolving them. The final meeting summary (in electronic form) shall incorporate Ex-Im Bank’s comments and be provided to Ex-Im Bank within one week of receiving Ex-Im Bank feedback.

(e) Contracting Officer (CO):

(f) Contracting Officer’s Representative (COR):

TBD at time of award Export-Import Bank of the US

Contracting Officer’s Representative (COR):

Definitions:

“Contracting Officer’s Representative” – The Contracting Officer’s Representative (COR) is designated by the Contracting Officer, in writing, and is contract order specific. The COR is the technical representative for all technical requirements of the specific contract.

“Contracting Officer” – The Contracting Officer (CO) is the exclusive agent of the Government with the authority to enter into, and administer contracts. Thus, the CO has the responsibility to see that all requirements of the law and regulation are followed. However, as the CO’s representative, the COR is delegated the authority to monitor the technical effort being performed under the contract. The CO is the only individual with authority to enter into, administer, or terminate contracts. The CO ensures performance of all necessary actions for effecting contracting, ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships.

The COR is not authorized nor has authority to:

1. Award, agree to, or sign any contract, delivery order or task order. All contractual agreements, commitments, or modifications shall be made only by the CO.

1. Make any commitments or otherwise obligate the Government, or to make any changes to the contract.

1. Grant deviations from or waive any of the terms and conditions of the contract.

1. Impose or place a demand upon the contractor to perform any task or permit any substitution not specifically provided for in the contract.

1. Increase the dollar limit of the contract, or authorize work beyond the dollar limit of the contract, or authorize the expenditure of funds.

1. Give direction to the contractor or to the employees of the contractor except as provided for in the contract.

1. Change the period of performance.

1. Authorize the purchase of equipment, except as required under the contract.

1. Authorize the furnishing of Government property, except as required under the contract.

1. Authorize subcontracting or the use of consultants.

1. Approve shifts of funding between line items of the budget.

1. Approve travel and relocation expense over and above that provided for in the contract.

1. Authorize the use of overtime.

When, in the opinion of the contractor, the COR requests effort outside the existing scope of work (or task order), the contractor shall promptly notify the contracting officer in writing. No action shall be taken by the contractor under such direction until the contracting officer has issued a modification to the contract or to the task order; or until the issue has been otherwise resolved.

CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARS)

(a) Pursuant to FAR 42.1502, this contract is subject to CPARS (if over $150,000). CPARS is an automated centralized information system accessible via the internet that maintains reports of contractor performance for each contract. CPARS is located at https://www.cpars.gov/. Further information on CPARS is available at the website.

(b) Under CPARS, the Government will conduct annual evaluations of the contractor’s performance. The contractor has thirty (30) days after the Government’s evaluation is completed to comment on evaluation. The opportunity to review and comment is limited to this time period and will not be extended. Failure to review the report at this time will not prevent the Government from using the report.

(c) The contractor may request a meeting to discuss the CPAR. The meeting is to be requested via-e-mail to the CPARS Program Manager no later than seven days following receipt of the CPAR. A meeting will then be held during the contractor’s 30-day review period.

(d) The CPARS system requires the Government to assign the contractor a UserID and password in order to view and comment on the evaluation. Provide the name(s) of at least one individual(not more than three) that will be assigned as your Contractor Representative for CPARS.

Payment Terms:

(a) Payment of invoices will be made based upon acceptance by the Government of the entire task or the tangible product deliverable(s) invoiced. Payments shall be based on the Government certifying that satisfactory services were provided, and the Contractor has certified that labor charges are accurate. For time & material BPA call orders, the Government will pay only for hours authorized, worked, and accepted (see “Time & Material Invoices” below).

(b) If the services are rejected for failure to conform to the technical requirements of the task order, or any other contractually legitimate reason, the Contractor shall not be paid, or shall be paid an amount negotiated by the CO.

(c) Payment to the Contractor will not be made for temporary work stoppage due to circumstances beyond the control of Ex-Im Bank such as acts of God, inclement weather, power outages, and results thereof, or temporary closings of facilities at which Contractor personnel are performing. This may, however, be justification for excusable delays.

(d) The Contractor agrees that the submission of an invoice to the Government for payment is a certification that the services for which the Government is being billed, have been delivered in accordance with the hours shown on the invoices, and the services are of the quality required for timely and successful completion of the effort.

Submission of Invoices:

(a) Invoices shall be submitted to: http://www.ipp.gov/vendors/index.htm on a monthly basis. To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name and address of the business concern;

2. Invoice number and invoice date;

3. Contract number, Delivery Order number, Purchase Order number, Task Order number, or other authorization for delivery of property or services actually delivered or rendered;

4. Description, unit price, extended price, and quantity of property and services actually delivered or rendered with supporting documentation (i.e. travel receipts, etc.).

5. Shipping and payment terms;

6. Name, title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

7. A certification statement saying that the funds have only been used for work for this contract;

8. Name, title, phone number, and mailing address of person to notify in the event of a defective invoice;

9. Taxpayer Identification Number (TIN) or DUNS+4; and

10. Contractors MUST note FINAL INVOICE on the final invoice when submitted upon final delivery of all supplies/equipment or completion of the contract. EXIM Bank and the Invoice Processing Platform (IPP) – http://www.ipp.gov/vendors/index.htm

The IPP is a government-wide secure web-based payment information service offered free of charge to government agencies and their suppliers by the U.S. Department of Treasury’s Financial Management Service (FMS).

One-time enrollment in IPP means that you will receive a series of e-mails from Treasury services. The first email will have the IPP Logon ID and link to the IPP application. A second e-mail, containing the password will be sent within 24 hours. Once you receive these emails, please login to the IPP application and complete the registration process.

Benefits of registering with IPP include the ability for your company to create invoices directly from a contract award and submit them electronically, as well as:

1. e-mail notification when invoice(s) are paid

1. online payment history

1. remittance download The e-mail notification of payment is sent when a payment is distributed to your bank account and will include all pertinent payment information. Attached is a list of contract awards that will be processed via IPP.

The IPP Customer Support Desk is available to assist users Monday through Friday (excluding bank holidays) from 8:00AM - 6:00PM ET, including answering any questions related to accessing IPP or completing the registration process. Their toll-free number is 866-973-3131 or they can be reached at: IPPCustomerSupport@fms.treas.gov.

Time & Material Invoices:

For BPA call orders using the time & material contract type, vendors shall provide the following invoice information:

Invoice Requirements

General Information

· Invoice date

· BPA number

· BPA call order number

· Total BPA call value

· Tax Identification Number (TIN)

· Invoice number

· Billing period

· Remittance address

· Numbered pages

Current Time & Materials Costs

· Employee name

· Labor classification

· Straight time hours

· Overtime hours (must receive approval from the COR)

· Straight time rate

· Overtime rate (must receive approval from the COR)

· Labor cost

· Total labor cost

· Material costs

· Other Direct Costs (ODCs)

· Travel cost

Cumulative Amount

· Current amount due

· Cumulative straight time hours

· Cumulative overtime time hours

· Cumulative labor cost

· Total cumulative labor cost

· Cumulative material cost

· Cumulative ODCs

· Cumulative travel cost

· Cumulative amount billed to date

Travel Breakout

· Employee name

· Travel dates

· Travel cost

· G&A rate and cost (if applicable)

· Total travel cost

· Cumulative travel cost

· Totals

Receipts

· Copies of timecards/timesheets, materials receipts, storeroom requisitions, supporting schedules for all items

· Travel receipts and forms per your subcontract

Contractors shall provide a certified statement substantively as follows:

Certification wording, authorized signature, printed name, email, and phone number “I hereby certify that the above invoice is correct and just, that payment therefore has not been received, and that the invoice is presented with the knowledge that the amount paid hereunder will become the basis of a claim against the United States Government.”

Key Personnel:

(a) In order to ensure a smooth and orderly start-up of work, it is essential that the key personnel identified be available on the effective date of this task order. If these personnel are not made available at that time, the Contractor shall notify the Government CO and show cause. Failure of the Contractor to not show cause may be taken as admission that no valid cause or explanation exists, and the Contractor may be subject to default action.

(b) The key personnel are considered essential to the work being performed. Unless otherwise agreed to in writing by the CO, the Contractor shall be responsible for providing such personnel for performance for the term required. The Contractor shall not on their own volition remove or replace any personnel designated as "key" personnel, for this task order, without the written concurrence of the cognizant CO.

(c) During the first ninety (90) days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period, the Contractor shall submit the information required by paragraph (d) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

(d) The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes of key personnel.

(e) To maintain overall contract cost control, the Contractor may propose the same individual as key personnel for more than one key personnel position identified in this section. In so doing, due consideration should be given for the workload involved. The CO will review and either approve or deny in advance, based on the apparent best interest of the Government, any multiple key personnel roles proposed in writing by the Contractor.

(f) Contract Key Personnel The Government has identified the following Contractor’s personnel as key personnel for overall administration and responsibility for this task order:

*TBD at the time of award

Personnel Retention:

The Contractor shall make every effort to retain personnel in order to ensure continuity until contract completion. If it should become necessary to substitute or replace personnel, the Contractor shall immediately notify the COTR in writing of any potential vacancies and shall make every effort to submit the resume(s) of replacement personnel within 14 calendar days of the notification. The Contractor shall submit the resume(s) of all potential personnel selected to perform under this contract to the COTR for Government review and acceptance/rejection. Replacement personnel must meet or exceed the experience, education, qualifications and credentials identified for that particular labor category in the vendor’s original quote. Upon Government acceptance of a resume(s), the candidate shall be available to begin performance within 14 calendar days. Prior to the submission of resumes, the contractor shall ensure that the candidate(s) satisfy the applicable security requirements to reduce staffing delays. The contractor shall ensure continuity of operations during periods of personnel turnover and long-term absences. Long-term absences are considered those longer than one week in duration.

ATTACHMENTS:

ATTACHMENT I: BPA SOW (S01 Attachment I-BPA SOW.docx)

ATTACHMENT II: BPA Call Order #1 SOW (S01 Attachment II-BPA Call Order 1 SOW.docx)

ATTACHMENT III: Design Specs (S01 Attachment III-Data Drawings - Base Package 001 - EXIM CommScope Data Drops.pdf)

ATTACHMENT IV: Past Performance Questionnaire (S10 Attachment IV-Past Performance Questionnaire.docx)