Sol_G15PS00576.pdf

G15PS00576

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

07/02/2015

1 48

PO BOX 25046

204 DENVER FEDERAL CENTER

DENVER CO 80225-0046

USGS OAG DENVER ACQUISITION BRANCH

USGS Geologic Hazards Team

MS 966

Denver

CO 80225

303 236-9319Melissa Hutchison

07/13/2015 1700 MT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

NAICS: 541511; Size Standard: $27.5 Million

Basis of award will be based upon price and other factors listed in the attached Body under Evaluation Factors.

Offeror shall review and submit all criteria for the Evaluation Factors listed in the attached Body.

Period of Performance: 08/01/2015 to 07/31/2017

00010 Base Year

Services, non-personal, to provide all plant, equipment, labor or materials (unless otherwise Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 48

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

G15PS00576

provided herein) necessary to upgrade the Global

Association (GLASS) of seismic phase data and associated source in accordance with the

Statement of Work in the attached Body.

Offeror shall quote a firm fixed price.

Period of Performance: 08/01/2015 to 07/31/2016

00020 Option Year

Services, non-personal, to provide all plant, equipment, labor or materials (unless otherwise provided herein) necessary to upgrade the Global

Association (GLASS) of seismic phase data and associated source in accordance with the

Statement of Work in the attached Body.

Offeror shall quote a firm fixed price.

(Option Line Item)

08/01/2016

Period of Performance: 08/01/2016 to 07/31/2017

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Table of Contents

Statement of Work

FISMA

52.252-2 Clauses Incorporated by Reference. (FEB 1998) 52.212-4 Contract Terms and Conditions - Commercial Items. (DEC 2014) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (MAR 2015) 52.217-8 Option to Extend Services. (NOV 1999) 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) 52.000S-5078 Technical Liaison – Technical Direction. (OCT 1997) Deobligation of Unexpended Funds Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (April 2013) 52.204-17 Ownership or Control of Offeror. (NOV 2014) 52.212-3 Offeror Representations and Certifications-Commercial Items. (MAR 2015) 52.219-1 Small Business Program Representations. (OCT 2014) 52.222-22 Previous Contracts and Compliance Reports. (FEB 1999) 52.222-25 Affirmative Action Compliance. (APR 1984) 52.222-49 -- Service Contract Labor Standards -- Place of Performance Unknown. (May 2014) Certification Regarding a Felony Conviction Under Any Federal Law or an Unpaid Federal Tax Liability.

(FEB 2012)

Evaluation Factors Quotation Preparation Question Cutoff Quotation Submission

Statement of Work Global Association of Seismic Phase Data and Associated Source Parameter Integration

INTRODUCTION

Automatically associating independent station information (e.g. arrival time picks and amplitudes) to locate (nucleate) earthquakes at local, regional and teleseismic distances is a fundamental procedure done by the USGS's National Earthquake Information Center (NEIC). Producing automatic earthquake locations using unassociated arrival-time picks from thousands of seismic stations is an algorithmically difficult problem requiring an understanding of seismic ray-tracing and travel time computation, velocity model development, seismic phase identification, linear inversion, and robust statistics. An initial earthquake location starts a chain of mission-critical processes that form the basis of NEIC emergency response and public notification system. NEIC is constantly working on new algorithmic procedures to improve the speed and accuracy of its nucleation and association algorithms to ensure authoritative earthquake information is provide to emergency responders, media and general public.

I. Objectives and Outcomes:

The mission of the USGS NEIC has primarily involved comprehensive global earthquake monitoring (M4.5 or larger) and complete seismic monitoring of United States for all significant earthquakes (M3.5 or large or felt). In recent years, NEIC has assumed a more prominent role in local and regional seismic monitoring, which requires significant changes in its nucleation and association procedures. Algorithmically, NEIC uses software knows as an “associator” that takes independent arrival-time picks from each of the stations used in its operation and processes them in real-time trying to identify if the arrival-time pick originated from an earthquake source. Ift so, the algorithm combines picks from all stations attributed to the earthquake and determines the phase type (e.g. Pg, Pn, S, Sg and P). NEIC refers to its nucleation and association processing algorithm(s) as GLASS (Global Associator). This critical step of detecting the preliminary location of an earthquake and attributing station and phase information starts all other mission-critical modeling processes (e.g. refined location, estimates of magnitudes, and computation of moment tensor solutions). NEIC’s present associator was developed primarily to solve the teleseismic and national scale problem, and was not optimized for the regional and local problem characterized by dense distribution of seismic stations. In addition, the present NEIC associator runs only on the Windows operating system and uses Window-specific graphics and inter-process communication tools.

NEIC needs to continue development of and improvements to its newest earthquake nucleation and association subsystem(s). These systems run under Windows and Linux, use only open-source libraries, including those for inter-process communication and platform independent graphics or GUI’s when applicable, and can be configured to meet NEIC needs to monitor seismicity at global, national, regional and local scales.

Specific tasks that shall be required to implement and test the new software are:

1. Implementation and integration of scheduled processing of pruning, harvesting, relocation, and scavenging of hypocenters taking into account the entire pick set available as well as associated pick sets. Adding scavenging to process scheduler will involve using computational intelligence to reallocate picks between previously nucleated events.

2. Create a message protocol, in the system’s and/or libraries’ established standard of JSON, to enable and disable the logical use of stations in computations.

3. Develop a generic C++ reusable library for creating the travel-time tables, including well-documented process for defining branches, formats for holding tables, and accuracy testing against AK135.

4. The associator algorithm(s) shall be contained in one or more libraries with well-defined functions and interfaces (including any configuration of the algorithms). For example such an approach will facilitate the use of parts of glass far more easily in other parts of hydra, Edge and NEIC processing stream (to improve the event based associator for example). It will also facilitate actions such as migrating glass algorithms from a specific "front end" (e.g. the current is earthworm rings and things) and hook it up (without changing the the algorithm) to a different "front end" (e.g. reading picks and configuration from a database, and writing the associations back into a database).

5. Add logic to the nucleation and association algorithm to account for station-specific and distance-based observability statistics. Basic statistics that the new associator must handle are station-specific weighting and distance and phase-specific weighting (e.g. beam information, cross-correlation values).

Include slowness/azimuth constraints (from beam data) to assess the validity of nucleations after the primary nucleation algorithm has been applied. This would also be integrated into the process sequencing for later stages of analysis (pruning, etc.).

6. Test, validate, and evaluate performance of these new features and functions against the operational system (GLASS) and results from the local studies. Performance will be based on measuring aspects of event completeness and false positive rate.

7. All additions to the existing system and libraries must be written in C++ and must compile and run successfully under Scientific Linux as well as Windows Server 2012 using open-source libraries for inter-process communications and open graphics modules.

These software developments require detailed or advanced knowledge in the following areas:

1. C++,

2. Working knowledge of the NEIC processing system (Bulletin Hydra), and its real-time continuous associator

3. Fundamental understanding of earthquake location methodology, seismic raytracing and traveltime computations,

4. Core competency in inverse theory and robust trave-time residual statistics, and

5. Geophysical expertise to validate and assess that earthquake nucleation and phase associations are geophysically reasonable

II. Operating Guidelines:

The contractor works independently and not as an agent of the government (with minimal supervision) under program guidelines set by the leadership of the Advanced National Seismic System (ANSS). In addition, the contractor works collaboratively with the Technical Liaison (TL).

The contractor exercises considerable independent judgment and imitative in setting goals, planning, and taking actions necessary to successfully complete the work. Work direction is accomplished through interaction with scientists within and outside the USGS. Progress is reported to the TL. The government shall be granted unlimited rights in software or data produced hereunder as described in FAR clause 52.227-17, Rights in Data -Special Works, incorporated by reference herein.

III. Qualifications and Requirements:

This project work requires an experienced scientist with expertise in seismology, computer systems, computer networks, software engineering, multiple programming languages, and modern seismic networks.

The work requires well-developed communication skills both in preparing written documents as well as providing oral explanations of complex technical subjects with clarity and accuracy to coworkers, the pubic, and the media.

IV. Deliverables

The contactor, working with the TL, shall develop the actual project schedule and performance baseline for the purchase order within one (1) week of the purchase order start date. This schedule shall be revisited by the contractor and the COR monthly and adjusted as appropriate.

The contractor shall provide a verbal or brief emailed status report covering progress once a week to the TL.

Through these communications, the contractor's design and implementation work on active tasks will be reviewed with the TL in the context of the project design goals and ANSS standards. Priorities and coordination of the schedule with other elements of the project development will be discussed and milestones will be established for major events and deliverables.

A brief written monthly report is required. These reports shall discuss tasks addressed during the previous month, progress made, problems encountered, and work remaining to be done. At the conclusion of each task, the contractor shall demonstrate that the software operates correctly and shall provide source code integrated with the USGS NEIC build environment, test results if appropriate, user and programmer documentation, and copies of relevant notes.

V. Government Inspection and Quality Assurance

The contractor shall meet and the government shall use the Quality Assurance Plan included with this purchase order. The TL will inspect all deliverables provided to the government under this Purchase Order determine if it meets the software specifications, that programmer-level documentation meets industry standards, and that all other deliverables are complete and accurate. The TL will issue a short memorandum either accepting or not accepting the materials delivered. If the materials are deemed unacceptable, the TL will provide a written memorandum detailing the shortcomings. The contractor will be given two weeks from the date of such a memorandum, to correct the shortcomings at no cost to the government.

Quality Assurance Surveillance Plan

Required Service Method of Surveillance Acceptable Level of Quality

Updated nucleation and association subsystem must process six months of unassociated arrival time picks on a Scientific Linux server.

The TL will review the summary information (e.g. earthquake location and associated phase listings) to ensure that the nucleation and association subsystem run successfully without processing error.

100% Complete

Evaluate performance of the nucleation and association subsystem based on processing of six months of unassociated phase data previously acquired and processed by the operational system.

The TL will compare directly summary information (e.g. earthquake location and origin time) from the existing system with summary information from the new nucleation and association subsystem

95% Accuracy

Evaluate performance of the nucleation and association subsystem configured to support local monitoring using a dense subset of station spanning a relatively small distance (e.g. several hundred kilometers)

The TL will compare directly summary information (e.g. earthquake location and origin time) from the existing system with summary information from the new nucleation and association subsystem

95% Accuracy

Document and train TL on updates to libraries and subsystems including nucleation and association processing subsystem, and travel time library.

The TL will review the documentation and thru a training exercise will make sure that NEIC staff has the skills necessary to integrate and run the travel time library and the updated nucleation and association processing subsystem.

100% Complete

FISMA

Program Announcement

Information Technology Security Requirements Summary

1. Background Investigation

Cooperators who will have access to Federal information technology (IT) systems are subject to background investigations by the Federal Office of Personnel Management. Procedures for investigations and obtaining identity credentials are described in clause GS 1414. The level of investigation required will be the same as would be required for Federal employees holding positions involving similar duties.

Based on the risk and sensitivity of duties performed and system access authorities to be granted, the following type of background investigations will be required, as described in DOI Departmental Manual Part 441, Chapter 3, Attachment 5 (available at: http://elips.doi.gov/app dm/act qetfiles.cfm?relnum=3631^.

Duties – Consultation Services

Investigation Level - Non-sensitive

2. Non-disclosure Agreement

Prior to receiving access to USGS computers, contractor employees are required to sign non-disclosure or other system security agreements, depending on the systems to be used and level of access granted.

3. Training

Contractor employees shall complete USGS-defined Federal Information Systems Security Awareness computer security training before being granted system access and must renew the training annually. Failure to complete training within the required timeframe may result in loss of system access for that user.

http://elips.doi.gov/app

Contractor employees with significant IT security responsibilities shall also complete specialized role-based training.

4. Personnel Changes

This is not required for Development contractors

5. Contractor Location

No portion of the services to be performed hereunder may be performed outside the United States without the express written permission of the Contracting Officer. If a contractor proposes to perform services outside the

United States, the contractor must submit a Security Plan to address mitigation of security issues due specifically to location. The Security Plan Template is available upon request from the Contracting Officer.

Such proposals will not be accepted unless the contractor can demonstrate that the Government systems or data would be no more vulnerable than if work were performed domestically.

6. Applicable Standards

Contractors do follow the DOI System Development Life Cycle (SDLC), NIST SP 800-64, (http://csrc.nist.gov/publications/nistPubs/800-64/NIST-SP800-64-PdH and the DOI SDLC Security

Integration Guide.

7. Asset Valuation

The contractor has been made familiar with the ANSS Asset Valuation Guide (AVG) to understand risk levels and system criticality. The ANSS has been defined as a Major Application, and is defined by the Bureau as a separate enclave for the purposes of Certification and Accreditation (C&A).

8. Property Rights

The contractor is aware that the DOI will own the intellectual property rights to any software developed on its behalf to the maximum extent practical. Generally, FAR 52.227-14, Rights in Data-General, and its alternates will be used in the contract.

9. Independent Verification and Validation (IV & V)

The ANSS has instituted a Change and Configuration Management system to verify and validate software updates prior to being moved into production. The contractor follows the procedures developed by the ANSS

CCM committee.

10. Certification & Accreditation http://csrc.nist.gov/publications/nistPubs/800-64/NIST-SP80064-PdH

The contractor contributes software to major systems of the ANSS. The ANSS will perform the C&A and provide documents to the COR in electronic form. The contractor is aware of and does follow guidance outlined in NIST SP 800-37, 800-18, 800-30, 800-60, 800-53A, (http://csrc.nist.gov/publications/nistpubs/index.html) Federal Information Processing Standard (FIPS) 199 and 200

(http://csrc.nist.QOv/publications/fjps/fipsl99/FIPS-PUB-199-final.pdn , the associated DOI guides/templates, the DOI Security Test & Evaluation (ST&E) Guide , and the DOI Privacy Impact

Assessment (http://www.doi.aov/ocio/privacv/DOI%20PIA 03.01.04.docl

(http://wwwrcolka.cr.usqs.gov/uo/comp/usqscna.htmn . While the solicitation did not originally include all of the references stated above, these documents are available on-site and the contractor has full access to hard-copies of said documents.

11. Internet Logon Banner

This is not required of Development contractors.

12. Incident Reporting

Contractor employees must report any computer security incidents (viruses, intrusion attempts, system compromises, offensive e-mail, etc.) which may affect Government data or systems in accordance with the

DOI Computer Incident Response Guide. Report computer security incidents to USGS help desk or Security

Point Of Contact (SPOC). In many cases, your local system administrator is your Security Point Of Contact.

The help desk or SPOC will investigate and coordinate with the Computer Security Incident Response Team

(CSIRT).

13. Quality Control (Malicious Code)

All software and hardware shall be free of malicious code.

14. Self Assessment

For requisitions to provide this task, the contractor shall conduct the annual self assessment in accordance with

NIST SP 800-26 on systems identified by the Government for testing. NIST documents are available on the

Internet at http://csrc.nist.gov/publications/nistpubs/,. Both hard copy and electronic copies of the assessment will be provided to the COR

15. Vulnerability Analysis

ANSS performs monthly scans with a vulnerability analysis tool that is compatible with the software in use by the OCIO at the time. All "safe" or "non-destructive" checks are turned on.

At least annually, all high risk systems and systems accessible from the Internet are independently tested for penetration.

http://csrc.nist.gov/publications/nistpubs/index.html http://csrc.nist.gov/publications/nistpubs/index.html http://csrc.nist.gov/publications/nistpubs/index.html http://csrc.nist.gov/publications/nistpubs/index.html http://csrc.nist.gov/publications/nistpubs/index.html http://csrc.nist.gov/publications/nistpubs/index.html http://csrc.nist.qov/publications/fjps/fipsl99/FIPS-PUB-199-final.pdn http://www.doi.aov/ocio/privacv/DOI%20PIA http://wwwrcolka.cr.usqs.gov/uo/comp/usqscna.htmn http://csrc.nist.gov/publications/nistpubs/ http://csrc.nist.gov/publications/nistpubs/ http://csrc.nist.gov/publications/nistpubs/ http://csrc.nist.gov/publications/nistpubs/ http://csrc.nist.gov/publications/nistpubs/

The government will reserve the right to conduct un-announced and prearranged independent vulnerability scans using Government personnel or another contractor.

The contractor will take appropriate and timely action to correct or mitigate any weaknesses discovered during such testing.

16. Logon Banner

When presented with the USGS logon banner, contractor employees shall read and acknowledge a Government approved logon warning.

17. Security Controls

Contractors are required to ensure compliance with the security control requirements of the current version of

NIST SP 800-53 (even if it is in draft) or Federal Information Processing Standard (FIPS) 200 that are appropriate to the sensitivity and criticality of the data or system. FIPS 199 and the DOI Asset Valuation

Guide will be used to determine sensitivity and criticality.

18. Contingency Plan

This is not required of development contractors.

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/these address(es):

http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html

52.204-13 System for Award Management Maintenance. (JUL 2013)

52.204-18 Commercial and Government Entity Code Maintenance. (NOV 2014)

52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)

52.227-17 Rights in Data – Special Works. (Dec 2007)

52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013)

52.233-1 Disputes. (MAY 2014)

52.204-7 System for Award Management. (JUL 2013)

52.204-16 Commercial and Government Entity Code Reporting. (NOV 2014)

52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation.

(DEC 2014)

52.212-1 Instructions to Offerors - Commercial Items. (APR 2014) http://www.acquisition.gov/far/ http://www.doi.gov/pam/aindex.html

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (DEC 2012)

52.212-4 Contract Terms and Conditions - Commercial Items. (DEC 2014)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) The clause at 52.212-5; (4) Addenda to this solicitation or contract, including any license agreements for computer software; (5) Solicitation provisions if this is a solicitation; (6) Other paragraphs of this clause; (7) The Standard Form 1449; (8) Other documents, exhibits, and attachments; and (9) The specification.

(t) System for Award Management (SAM) (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) 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:

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

(ii) 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 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.

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

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (MAR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (DEC 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (41 U.S.C. 3509).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) (Reserved)

[ ] (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111- 117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (AUG 2013) (31 U.S.C.

6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (JUL 2013) (41 U.S.C. 2313).

[ ] (10) (Reserved)

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

[ ] (ii) Alternate I (NOV 2011) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (ii) Alternate I (JAN 2011) of 52.219-4.

[ ] (13) (Reserved)

[X] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C.

644).

[ ] (ii) Alternate I (NOV 2011).

[ ] (iii) Alternate II (NOV 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C.

644).

[ ] (ii) Alternate I (OCT 1995) of 52.219-7.

[ ] (iii) Alternate II (MAR 2004) of 52.219-7.

[ ] (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C.

637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C.

637(d)(4)).

[ ] (ii) Alternate I (OCT 2001) of 52.219-9.

[ ] (iii) Alternate II (OCT 2001) of 52.219-9.

[ ] (iv) Alternate III (OCT 2014) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C.

637(d)(4)(F)(i)).

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (JUL 2013) (15 U.S.C. 632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (JUL 2013) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (JUL 2013) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

[X] (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2014) (E.O. 13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

[X] (28) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

[X] (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

[ ] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (MAR 2015) (22 U.S.C. chapter 78 and E.O. 13627).

[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.

13627).

[ ] (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

[ ] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-13.

[ ] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

[ ] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

[ ] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514).

[ ](ii) Alternate I (JUN 2014) of 52.223-16.

[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

[ ] (41) 52.225-1, Buy American-Supplies (MAY 2014) (41 U.S.C. chapter 83).

[ ] (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (MAY 2014) of 52.225-3.

[ ] (iii) Alternate II (MAY 2014) of 52.225-3.

[ ] (iv) Alternate III (MAY 2014) of 52.225-3.

[ ] (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

[ ] (44) 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).

[ ] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (JUL 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

[ ] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(NOV 2007) (42 U.S.C. 5150).

[ ] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (49) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[X] (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (JUL 2013) (31 U.S.C. 3332).

[ ] (51) 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).