HS0021-11-T-0100 SOLICITATION.pdf

DODHS01124A001

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

HS0021-11-T-0100 23-Jun-2011 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

SEE SCHEDULE

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)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and

ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

(Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

DEFENSE SECURITY SERVICE - DSS

CONTRACTING AND ACQUISITION

1340 BRADDOCK PLACE

ALEXANDRIA VA 22314-1651

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

29-Jun-2011(Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

703.325.2011SHIRLEY GREEN

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

HS0021-11-T-0100

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 36 Each Ethernet Patch Cables

FFP

(Cat 5e/RJ-45) 5 ft (White/Gray) FOB: Destination

PURCHASE REQUEST NUMBER: DODHS01124A001

NET AMT

0002 1 Each RJ 12 Jackbox w/ Jack Port

FFP

0003 1 Lot Assorted cabling, cable concealment

FFP

equipment and cable management hardware

0004 1 Each Phone Solution Equipment (Assorted)

FFP

0005 1 Each Conference Phone and Power Supply

FFP

0006 18 Each Digital Telephone Set

FFP

(10 Feature Buttons)

0007 2 Each Digital Telephone Set

FFP

(20 Feature Buttons)

0008 12 Months Maintenance and Warranty Agreement

FFP

0009 1 Lot Phone Service Installation/Labor

FFP

Phone Installation and Labor rates

0010 12 Months Phone Service Local

FFP

(Yearly) (Recurring)

0011 3 Months Phone Service Long Distrance

FFP

This is for 3 months with 2 three-month options

1008 12 Months OPTION Maintenance and Warranty Agreement

FFP

1010 12 Months OPTION Phone Service Local

FFP

(Yearly) (Recurring)

1011 3 Months OPTION Phone Service Long Distrance

FFP

2008 12 Months OPTION Maintenance and Warranty Agreement

FFP

2010 12 Months OPTION Phone Service Local

FFP

(Yearly) (Recurring)

2011 3 Months OPTION Phone Service Long Distrance

FFP

SOW

1. OBJECTIVE

The Defense Security Service (DSS) requires the purchase and installation of a phone system solution, phone service and phone sets, in order to build out a new field office located at 1126 Pacific Ave, 4th floor, Tacoma, WA 98402. This equipment will support up to nineteen (19) DSS employees.

2. SCOPE OF WORK

Telecommunication Service Requirements

The contractor will provide a quote for the installation and yearly service cost of the telecommunication services (to include local and long distance calls [Verizon Business is to be the primary PIC, Qwest will be the secondary PIC when Verizon Business is not available], monthly costs of lines, provisioning costs, etc.) required to run the offered phone solution. All lines will be established in the name of Defense Security Service (DSS). (Note-DSS will establish their own long distance account via DISA at a later date, once all lines have been delivered and installed. DSS will be incur the Long Distance charges from that point going forward. All Long Distance charges incurred prior to the establishment of that account will be incurred by the vendor [approximately 90 days]).

The phone solution must be able to initially support twenty (20) digital telephone sets and one

(1) conference telephone set.

Five (5) analog telephone lines, with long distance service, will be purchased and installed separately of any phone solution in order to support three (3) secure telephones, one (1) fax machines and one (1) alarm line. All analog lines must be independent of any telephone solution, and terminated directly to the appropriate workstations

The alarm line must be installed by the Contractor in the LAN Room at the office’s extended point of demarcation.

Office Cabling and Connectivity Requirements The patch panels, punch down blocks, jack boxes and cable runs necessary to support the phone solution have been installed. The contractor will be responsible for implementing this existing infrastructure into their proposed phone solution.

RJ-12 Installation

One (1) 6 port, 110 punch down, Cat 3 RJ-12 telephone jack for telephone company analog voice service shall be installed on the wall at the extended point of demarcation in accordance with the LAN Room Diagram. The RJ-12 jack must be clearly labeled “Alarm.”

Patch Cables

• Thirty-Six (36) white or grey, cat5e, RJ45, five foot patch cables must be ordered and installed. These cables will be used to patch phone service to the correct locations throughout the office.

Phone Solution Requirements The phone solution must be capable of initially supporting twenty (20) phone subscribers with the ability to be expanded at minimal cost and hardware.

The phone solution must be capable of configuring or supporting up to thirteen (13) call appearances on each phone line.

The phone solution must be capable of providing simultaneous voicemail access to twenty five

(25) percent of all possible phone subscribers.

The phone solution will be capable of providing simultaneous dial tone and public switched telephone network access (PSTN) voice access to seventy (70) percent of all possible phone subscribers.

If the phone lines are to be configured with internal extensions, each phone line must have a unique direct inward dial telephone number assigned.

The phone solution and or phones for the solution must have the capability to place phone calls on hold, conduct 3-way conference calls, drop phone calls, forward phone calls and transfer phone calls.

The phone solution, connected PSTN phone lines and or phones for the solution must have the capability of sending and displaying Caller ID. If a listing is required, it must read “US Govt.”

and the outbound caller’s telephone number. These lines must not be published in any yellow or white pages.

The phone solution must send the correct voltage to the phone sets from the central office or centrally located Power Supply/Phone Equipment that will be purchased and installed by the contractor in the LAN room.

The phone solution must be able to patch phone service over an RJ 45 patch panel.

The phone solution must be capable of supporting commercial off the shelf fax and conference telephone machines.

Enough power to run the phone solution and phones for a minimum of two hours, in the event of power loss, will be installed as backup power.

If the offered phone solution is PBX based, it cannot be a VoIP solution but must be capable of being upgraded or converted into a VoIP solution. The offered solution cannot be VoIP.

If the phone solution is to be located on the Customers Premises, it cannot be set up to be accessed or monitored remotely.

The following features must be present on the phones running on the suggested phone solution:

• call forwarding

• caller id

• call pick-up

• 3-way conference calling

• call waiting

• hold

• transfer

• voicemail

Phone Set Requirements

The following features must be present on the phones running on the suggested phone solution:

• call forwarding

• caller id

• call pick-up

• 3-way conference calling

• call waiting

• hold

• transfer

• voicemail

A total of twenty-one (21) phone sets are required. Eighteen (18) of these phones must have at least ten programmable feature buttons. Two (2) of these telephone sets must have at least twenty (20) programmable feature buttons. One (1) telephone set will be a conference telephone.

All phone sets must have speakerphone capability.

All phone sets must have the capability to store a user -created phone book with at least 10 entries.

All phone sets must have an LCD screen that is capable of displaying status messages that indicate the presence of voicemail, caller ID and electronic phone book.

The phones must have dedicated or programmable buttons that will provide the phone user push button capabilities to drop phone calls, transfer phone calls, create conference phone calls, mute phone calls and hold phone calls.

The phones must be powered remotely by voltage provided from the LAN room and Central Office. Under no circumstance will these phones be powered by individual power supplies located at the workstations.

One conference telephone must be installed on the conference room table in accordance with the site diagram. This telephone must be capable of providing clear voice communications to each person sitting at the conference table (approximately 440 square feet).

3. Testing The following checklist is to be used to verify that the work listed in this document is complete.

Each test will receive a status of “GO’ when the associated test is complete, or “NO GO” when the task has not met the standard laid out in the test. The contractor and DSS POC will confirm that all tests merit a status of “GO.” Once all items on the checklist merit a “GO”, the installation work is complete.

Test# Test GO NO GO

All telephone sets and phone lines are installed and patched to the appropriate location in the office in accordance with the phone service site diagram.

All phone features are configured and operational on all phone lines and telephone sets.

Thirty-Six (36) white or grey, five foot RJ 45 Cat5e Ethernet cables are installed on the voice patch panel or located as spares in the new LAN room

4. WARRANTY, MAINTENANCE AND SUPPORT

The contractor will provide a warranty for a period of 12 months after the Government’s system acceptance. The warranty and guarantee of workmanship will be submitted in writing as part of contractor's offer. Acceptance of work will be by the Government representative. Warranty will cover all wiring defects, damage to wires and hardware during installation or failure during use for the entire period which will cover the accepted and installed number of cable terminations under this task order.

The contractor will provide maintenance and support for the installed phone solution. The contractor will be responsible for the maintenance, configuration and troubleshooting of all Customers Premises Equipement (CPE) in the phone solution, with the exception of existing cabling, after the point of demarcation and out to the end user telephone sets to include:

1. Two (2) hour emergency response time 24/7/365 (An emergency is considered as the inability to place or receive telephone calls from the site.)

2. 24 hour standard response time for other solution and handsets issues (For all Service Agreements: standard response time during normal business hours Monday through Friday, excluding Federal Holidays)

3. Software & Firmware Updates (This cannot be done remotely)

4. Error correct (Clear alarm codes)

5. Free refresher course(s) upon request (Monday thru Friday 8-5) . Limit of one re-training onsite every six months

6. Assisting with up to three Moves Adds or Changes (MAC) per month at no additional charge. This includes phone support and site visits. MACs cannot be done remotely.

7. Adding up to three drops/ jacks per year at no additional charge. (The drops will be standard CAT 5e with RJ-45 or RJ-11 inserts as requested. Cables will be terminated to new inserts at station location. Cables will also be terminated at the existing 66-M150 66-Block or Patch Panel at solution location. Cable will be run in existing “stubbed out” conduit to existing “gang box” for faceplate and inserts. Cable runs will be completed in offices with standard “drop ceiling” not exceeding 100 ft)

8. Moving and re-install PBX and related equipment for office moves. This includes removal and reinstallation of PBX, Voice Mail Solution and the cross-connect to the existing CO Lines, PRI- T-1 Voice Smart Jack and station cabling.

9. Repairs must be completed within 24 hours. This covers all parts and labor. Repairs as a result of alteration, adjustment, or repair by anyone other than the contractor (or its representative) are not included. The contractor is not obligated to repair any System or System component which has been damaged as a result of accident, misuse, or abuse of the Solution or component.

* Per DSS information system policies, the contractor will not be able to gain remote access to any CPE phone systems. No configuration or troubleshooting services will be performed through the phone solutions CPE console or auxiliary, or VTY ports.

Appendix A

Phone Service Diagram

LAN Room Diagram

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 1008 Destination Government Destination Government 1010 Destination Government Destination Government 1011 Destination Government Destination Government 2008 Destination Government Destination Government 2010 Destination Government Destination Government 2011 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

1008 N/A N/A N/A N/A

1010 N/A N/A N/A N/A

1011 N/A N/A N/A N/A

2008 N/A N/A N/A N/A

2010 N/A N/A N/A N/A

2011 N/A N/A N/A N/A

PLACE OF PERFORMANCE

Place of performance for this requipement is located: 1126 Pacific Ave, 4th floor, Tacoma, WA 98402

Section G - Contract Administration Data

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.211-5 Material Requirements AUG 2000 52.212-1 Instructions to Offerors--Commercial Items JUN 2008 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

APR 2011

52.217-8 Option To Extend Services NOV 1999 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Contractor Policy to Ban Text Messaging While Driving SEP 2010 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-1 Buy American Act--Supplies FEB 2009 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to

Iran--Certification.

SEP 2010

52.232-1 Payments APR 1984 52.232-6 Payment Under Communication Service Contracts with

Common Carriers

APR 1984

52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration

OCT 2003

52.233-3 Protest After Award AUG 1996 52.242-14 Suspension of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items DEC 2010 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

JAN 2009

252.203-7002 Requirement to Inform Employees of Whistleblower Rights JAN 2009 252.204-7000 Disclosure Of Information DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A Central Contractor Registration (52.204-7) Alternate A SEP 2007 252.204-7008 Export-Controlled Items APR 2010 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7002 Disclosure Of Ownership Or Control By A Foreign Government

JUN 2010

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country

DEC 2006

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

MAR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) delivery time; (iii) price;

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JUN 2010)

(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 post-acceptance 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 the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). 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 or 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--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), 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 Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), 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. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. 423 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, and Compliance with Laws Unique to Government Contracts 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) Central Contractor Registration (CCR). (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 CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR 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 CCR database to ensure it is current, accurate and complete. Updating information in the CCR 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 CCR 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 CCR 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 CCR 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 CCR database. Information provided to the Contractor's CCR 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 the internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757.

(End of clause)

52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUN 1988)

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 the total price for the basic requirement together with any option(s) exercised at the time of award.

(End of provision)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at any time doing the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36.

(End of clause)

Phone Solution Requirements

3. Testing