HS0021-14-T-0104.pdf

DEFENSE SECURITY SERVICE FIELD OFFICE

OMAR ZAKOUR

1126 PACIFIC AVE

TACOMA WA 98402

TEL: 571 305-6496 FAX:

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

HS0021-14-T-0104 09-May-2014 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPO RTANT: 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. % NO TE: 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)

PREVIOUS EDITION NOT USABLE Prescribed by GSA

FAR (48 CFR) 53.215-1(a)

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

6. DELIVER BY (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

RUSSELL-KNOX BUILDING

27130 TELEGRAPH ROAD

CONTRACTING AND ACQUISITION

QUANTICO VA 22134-2253

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

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

15-May-2014(Date) PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

571-305-6721DURBA RAY

(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

HS0021-14-T-0104

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Maintenance and Support for Base year

FFP

FOB: Destination

NET AMT

0002 12 Months Unlimited local Telephone Service

0003 3 Months Long Distance Telephone service

FFP

which inlcudes unlimited calls.

1001 12 Months Maintenance and support

1002 12 Months Unlimited Local Telephone Services

2001 12 Months Maintenance and Support

2002 12 Months Unlimited Local Telephone Service

3001 12 Months Maintenance and Support

3002 12 Months Unlimited Local Telephone Service

4001 12 Months Maintenance and Support

4002 12 Months Unlimited Local Telephone Service

5002 6 Months Maintenance and Support

Section C - Descriptions and Specifications

SECTION C

MAINTENANCE AND SUPPORT

The Contracting Vendor will be responsible for providing maintenance and support for an existing Avaya IP Office Phone System with eighteen (18) Avaya 5420 phone sets, two (2) Avaya 5420 telephone sets with Avaya EU24 Expansion modules, and one (1) Konftel 250 Conference Phone. This maintenance will be provided to the Defense Security Service (DSS) at 1126 Pacific Ave 4th floor, Tacoma, WA 98402.

The vendor will also be required to purchase new or transfer existing telephone services from the current contracting vendor/phone company to the winning contracting vendor. A total of one (1) PRI (with at least 20 DID/DOD) and five (5) analog POTS lines must be transferred under the name of the contracting vendor and resold to the DSS as a comprehensive phone solution. If ordering new telephone services, the phone service must include unlimited local phone service and at least ninety (90) days of unlimited nationwide long distance. If transferring existing telephone services from the incumbent vendor, the phone service must include unlimited local service and the long distance will be provided by the Defense Information Systems Agency (DISA). The name on the phone account (s) must be Defense Security Service.

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 system and handsets issues (For all Service Agreements: standard response time is during normal business hours Monday through Friday, excluding Regular Holidays. Regular holidays shall include New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, and New Years Eve.

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. Vendor will assist with up to three Moves Adds or Changes (MAC) per month included in this agreement at no additional charge. This includes phone support and site visits. MACs cannot be done remotely.

7. Add 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 system 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. Office Moves- Move and re-install PBX and related equipment for office moves. This includes removal and reinstallation of PBX, Voice Mail System and the cross-connect to he existing CO Lines, PRI-T-1 Voice Smart Jack and station cabling. This is estimated to be one move every five years.

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 System or component (such as, but not limited to)

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 systems CPE console or auxiliary, or VTY ports

1.5. 508 Requirements The following standards have been determined to be applicable to this contract:

______1194.21 Software applications and operating systems.

______1194.22 Web-based intranet and internet information and applications.

__x____1194.23 Telecommunications products.

______1194.24 Video and multimedia products.

______1194.25 Self contained closed products.

______1194.26 Desktop and portable computers.

___X__1194.31 Functional Performance Criteria ___X__1194.41 Information, Documentation and Support

The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future. The quote must indicate where full details of compliance can be found (e.g., vendor’s website or other exact location or attach the information).

1. 6. Extensions

Any extension under the 52.217-8 clause in this contract will extend the governments right to exercise any remaining option to extend the term of the contract under the 52.217-9 clause up to the last day the contract has been extended under the 52.217-8 clause.

1.7. Payments

1. All installation charges, including equipment, cabling, shipping and training shall be billed after inspection and acceptance by the Government.

2. Maintenance and phone service shall be billed one month in arrears.

Section D - Packaging and Marking

SECTION D

Marking & Packaging

If any deliverable received under this contract must be marked with the Contract Number and performance address.

Section E - Inspection and Acceptance

SECTION E

1.1. See Clause 52.212-4

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 5002 Destination Government Destination Government

Section F - Deliveries or Performance

SECTION F

Period of Performance

1.1. The period of performance is from May 3, 2013 through November 2, 2018. This includes one base year and four one-year options and six month option to extend.

1.2. Place of Performance

Defense Security Service (DSS) field office located at 1126 Pacific Ave 4th floor, Tacoma, WA 98402.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 27-MAY-2014 TO

26-MAY-2015

N/A DEFENSE SECURITY SERVICE FIELD

OFFICE

OMAR ZAKOUR

1126 PACIFIC AVE

TACOMA WA 98402

571 305-6496

HS0001

0002 POP 27-MAY-2014 TO

26-MAY-2015

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 27-MAY-2014 TO

26-AUG-2014

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 27-MAY-2015 TO

26-MAY-2016

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 27-MAY-2015 TO

26-MAY-2016

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 27-MAY-2016 TO

26-MAY-2017

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 27-MAY-2016 TO

26-MAY-2017

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 27-MAY-2017 TO

26-MAY-2018

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 27-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 27-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 27-MAY-2017 TO

N/A (SAME AS PREVIOUS LOCATION)

5002 POP 27-MAY-2017 TO

26-NOV-2017

N/A (SAME AS PREVIOUS LOCATION)

Section G - Contract Administration Data

SECTION G

1.1 Submission of Invoices

Section G

(a) The contractor shall submit invoices in accordance with the “Wide Area WorkFlow” (WAWF) clause, DFAR 252.232-7003. Invoices must have the payment address identified in the solicitation/contract award form, unless delivery orders are applicable, in which case invoices will be segregated by individual order and submitted to the address specified in the order. Invoices must be attached in WAWF to be accepted by the Acceptor/Inspector office. IF

AN INVOICE IS NOT ATTACHED, IT WILL BE REJECTED.

(b) In addition to the requirements of the Prompt Payment clause, the contractor must cite on each invoice the contract line item number (CLIN); the contract subline item number (SLIN), if applicable as identified in the contract/order; and invoices must reflect how the CLIN(s) and SLIN(s) are structured in Section B of the contract/order.

(c) The contractor will need the following information to input invoices into WAWF:

Administered by: HS0021 (DSS Contracting and Acquisition) Acceptor/Inspector: HS0001 (DSS Headquarters) Payment Official: HQ0690 (DFAS – Columbus, OH)

POINTS OF CONTACT:

CONTRACTOR: TBD

TECHNICAL: Omar Zakour 571-305-6496 omar.zakour@dss.mil

POC TBD

CONTRACTS: Contracting Officer

Durba Ray 571-305-6721 Durba.ray@dss.mil

1.2 CONTRACTING OFFICER AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of the contract and notwithstanding any provisions contained elsewhere in the contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

The Contracting Officer will effect all contract administration. The Contracting Officer is the only person with the authority to act as an agent of the Government under the contract. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.

Only the Contracting Officer has the authority to: (1) direct or negotiate any changes in the SOW; (2) modify or extend the period of performance; (3) change the delivery schedule, (4) authorize reimbursement to the Contractor for any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of the contract.

Section H - Special Contract Requirements

SECTION H

SECTION H. Special Contract Requirements

1.1.(a) Inherently Governmental Functions - No inherently government functions as defined in FAR 2.101 and FAR 7.5 shall be performed by the contractor under this contract. Contractor employees shall not participate in any deliberations or meetings intended to exercise an inherently governmental function. All final determinations such as binding the United States to take or not to take some action, selecting program priorities, and providing direction to Federal employees shall be made by the government. The contractor shall immediately notify the Contracting Officer’s Representative (COR) and the Contracting Officer if performance of an activity would result in the performance of an inherently governmental function.

(b) Non-Personal Services Contract - In accordance with FAR 37.101, this contract is a non-personal services contract. Contractor personnel rendering the services shall not be subject, either by the contract's terms or by the manner of its administration, to the continuous supervision and control of a Government officer or employee. The contractor shall immediately notify the COR and the Contracting Officer if, through contract administration, the actions of a government employee will result in the performance of a personal services contract.

(c) Identification of Contractor Personnel – In accordance with DFARS 211.106, contractor personnel shall never identify them as representing the Defense Security Service (DSS), but rather shall identify themselves as being under contract to DSS. To that end, contractor personnel shall 1) identify themselves as contractor personnel at meetings by introducing themselves or being introduced as contractor personnel; 2) display distinguishing badges or other visible identification for meetings with Government personnel; and 3) identify themselves as contractor employees in telephone conversations and in formal and informal (e.g. e-mail) written correspondence.

(d) Marking of Reports - The contractor shall mark all documents or reports produced under this contract with the contractor name, contract number, and task order number, if applicable.

1.2 Codes and Regulations

The Contractor is responsible for ensuring that all installations shall comply with all applicable ADA, state, local, and federal building codes, local ordinances and regulations.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items JUL 2013 52.212-2 Evaluation - Commercial Items JAN 1999 52.212-3 Offeror Representations and Certification--Commercial Items NOV 2013 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

JAN 2014

52.233-3 Protest After Award AUG 1996 52.237-3 Continuity Of Services JAN 1991 52.242-14 Suspension of Work APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Items DEC 2013 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A MAR 2014 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Terrorist Country

MAR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (SEP 2013)

(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—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 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. 4712 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, 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.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days.

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 within 15 (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 20 days before the contract expires. The preliminary notice does not commit the Government to an extension.

https://www.acquisition.gov/

(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 66 months.

252.209-7994 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2014

APPROPRIATIONS (DEVIATION 2014-O0004) (OCTOBER 2013)

(a) In accordance with section 101(a) of Division A of the Continuing Appropriations Act, 2014 (Pub. L. 113-46), none of the funds made available by that Act for DoD (including Military Construction funds) may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUNE 2012)

(a) Definitions. As used in this clause–

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or

(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

The contractor will need the following information to input invoices into WAWF:

Administered by: HS0021 (DSS Contracting and Acquisition) Acceptor/Inspector: HS0001 (DSS Headquarters) Payment Official: HQ0690 (DFAS – Columbus, OH)

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC ____ Issue By DoDAAC ____ Admin DoDAAC ____ Inspect By DoDAAC ____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____

LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Omar.zakour@dss.mil; durba.ray@dss.mil

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Omar Zakour – Omar.zakour@dss.mil

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

mailto:Omar.zakour@dss.mil

Section L - Instructions, Conditions and Notices to Bidders

SECTION L

1.0 Technical Evaluation Factors:

1.1. Offerors shall submit the documents below in order to submit an acceptable offer. Failure to submit the documents shall make offers, modifications and revision incomplete; and shall not be evaluated or be considered for award.

1.2. Standard Form (SF) 18, Request For Quotations (RFQ) blocks 13, 14, 15 and 16 must be completed.

1.3. DFAR clause 252.209-7994 REPRESENTATION BY CORPORATION REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR AFELONY CONVICTION UNDER ANY FEDERAL LAW – FISCAL

YEAR 2014 APPROPRIATIONS (DEVIATION 2014-O0004)(OCTOBER 2013) must be completed in its entirety.

1.4. Individual contract line items in Section B – Supplies or Services and Prices must be completed.

1.5. The Quoter shall also provide with their quote a project name (relevant to the Statement of work in section C of this solicitation), number, project total reference’s name, title, phone number, email address and Period of performance.

1.6. .All quotes must be emailed to Durba Ray at durba.ray@dss.mil by Thursday, May 17, 2014, 12:00PM. EST.

Quotes that are received late (i.e. after the date and time shown in the preceding sentence), incomplete, will be considered to be late and will not be evaluated by the Government.

1.7. Technical questions must be submitted in the following e-mail box by 12:00 PM Eastern, on

Tuesday 13, 2014: durba.ray@dss.mil

1.8. By submission of an offer, modifications and revisions, the offeror is stating that ALL terms and conditions of the entire solicitation are accepted and applied to their offer unless clearly stated herein.

1.9. Site Visit P.O.C. Omar Zakour at Omar.Zakour@dss.mil

mailto:durba.ray@dss.mil

Section M - Evaluation Factors for Award

SECTION M

SECTION M - Evaluation Criteria

1.1. 52.212-2 Evaluation--Commercial Items (Jan 1999)

1.1.1. A firm-fixed price purchase order will be awarded to the responsible quoter that submits the lowest-price technically acceptable quote. A technically acceptable is defined as submitting a quote that satisfies the government’s technical specifications as mentioned in the Statement of Work and proposes the lowest overall price.

Additionally if a quoter fails to address any other part of the requirement, the quote will be eliminated and receive no further consideration;

The Government will employ simplified acquisition procedures in accordance with FAR 12.602 and 13.106.

1.1.2. Past Performance: DSS may contact referenced point of contact to rate the vendor’s past performance;

1.1.3. Price: The total evaluated price will be the sum of the base and four option periods and six month extension.

Price will be evaluated for fair reasonableness;

1.1.4. Response to certifications. DSS will evaluate whether the representation (252-209-7994) is completed properly as requested in section I of this solicitation. (Go/No go)

1.1.5. 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).

1.1.6. 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."

1.2 Codes and Regulations