HS0021-14-T-0127_Irving_TX_Maintenance_and_support.pdf

DEFENSE SECURITY SERVICE

RUSSELL-KNOX BUILDING

27130 TELEGRAPH ROAD

CONTRACTING AND ACQUISITION

QUANTICO VA 22134-2253

571.305.6720

UNDER DPAS (15 CFR 700)

11. DELIVERY FOR FOB

RFQ

SEE SCHEDULE

14. METHOD OF SOLICITATION

IFB RFP

CODE

SEE ADDENDUM

BLOCK IS MARKED

DESTINATION UNLESS

12. DISCOUNT TERMS

(No Collect Calls)

$11M

13b. RATING

13a. THIS CONTRACT IS A RATED ORDER

X

CODE

HS0021-14-T-0127 01-Aug-2014

b. TELEPHONE NUMBER

571-305-6721

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 07 Aug 2014

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV 3/2005)

Prescribed by GSA

FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY

CODE 10. THIS ACQUISITION IS

UNRESTRICTED

FAX: NAICS:

TEL:

CODE 18a. PAYMENT WILL BE MADE BYOFFEROR

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TEL.

HS0021

SIZE STD:

9. ISSUED BY

FACILITY

CODE

17a.CONTRACTOR/

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

15. DELIVER TO CODE HS0001 16. ADMINISTERED BY

DEFENSE SECURITY SERVICE FIELD OFFICE

JENNIFER NORDEN

5800 CAMPUS CIRCLE DRVIE, SUITE 218-A

IRVING TX 25063

TEL: 9725801200 FAX:

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DURBA RAY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES

SEE SCHEDULE

811213

TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS

SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS

SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

SB

HUBZONE SB

SET ASIDE: 100 % FOR

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

HS00214901

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

TEL: EMAIL:

1 COPIES

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

.OFFER DATED YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE

X

8(A)

SVC-DISABLED VET-OWNED SB

EMERGING SB

X X

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

SEE SCHEDULE

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT

PAGE 2 OF

23. UNIT PRICE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV 3/2005) BACK

Prescribed by GSA

FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

HS0021-14-T-0127

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Telephone Maintenance & Support

FFP

Contractor is reponsible for providing telephone maintenance and support for Irving, TX 75063 location.

FOB: Destination

PURCHASE REQUEST NUMBER: HS00214901

NET AMT

1001 12 Months OPTION Telephone Maintenance and Support

FFP

2001 12 Months OPTION Telephone maintenance and support

FFP

3001 12 Months OPTION Telephone maintenance and support

FFP

4001 12 Months OPTION Telephone maintenance and support

FFP

5001 6 Months OPTION Telephone Maintenance & Support

FFP

Contractor is reponsible for providing telephone maintenance and support for Irving, TX 75063 location.

Exhibit/Attachment Table of Contents

DOCUMENT TYPE DESCRIPTION PAGES DATE

Attachment 1 Irving Regional & Field floor plan

Attachment 2 Irving CI Floor Plan

SECTION C

1. OBJECTIVE

The Defense Security Service (DSS) requires the purchase and installation of new phone equipment for the reconfiguration of an existing Business Communications Manager (BCM) 400 as well as any required Maintenance.

This work will be performed for the Defense Security Service at 5800 E. Campus Circle Drive, Suite 218 & 234, Irving, Texas 75063.

2. SCOPE OF WORK

Project Estimates The proceeding cabling, power and phone specifications is “Only” a guide designed to assist the potential contractor in developing their project plan and price offer. This planning estimate is not intended to limit a potential contractor’s ability to offer alternative solutions for task performance. The contracting vendor must conduct a site survey and will be responsible for accumulating pertinent data before submitting an estimate or quote for service. The quote must be a design specification reflecting the offered solution based on the resulting findings.

Nortel BCM 400 PBX Upgrade Requirements The existing phone solution is a Nortel BCM 400 PBX with forty (40) installed T316E Nortel Telephones and two

(2) Polycom Soundstation 2 conference telephones; the existing solution is currently configured to support up to forty eight (48) digital telephones.

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 the Contractor's offer. Acceptance of work will be by the Government representative. Warranty will cover all wiring defects, damage to wire 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 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 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 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. Office Moves- Move 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. 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 Solution or component (such as, but not limited to)

10. The contracting vendor will be responsible for providing maintenance and support for additional up to 51 total telephone sets to the phone system over the length of the maintenance contract. Adding telephone sets will consist of installing a telephone set provided by the DSS, at an existing jack in the office and programming the phone to operate in the same manner as the other telephones on the phone system.

* 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.

11. 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. Payments

1.6.1. All installation charges, including equipment, cabling, shipping and training shall be billed after inspection and acceptance by the Government in accordance with the quote.

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

SECTION D

Marking & Packaging

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

SECTION E

1.1. See Clause 52.212-4

SECTION F

Period of Performance

1.1. The period of performance is from September 30, 20114 through March, 2020 including one base year with four one year options and six month option (if needed).

1.2. Place of Performance

Defense Security Service at 5800 E. Campus Circle Drive, Suite 218 & 234, Irving, Texas 75063

SECTION G

1.1 Submission of Invoices

(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

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 L

1.0 Technical Evaluation Factors:

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

1.2. The quote must include a design specification reflecting the offered solution based on the resulting findings.

1.3. DD1449, Request For Quotations (RFQ) blocks 12, 17, 23, 24, 30a, 30b and 30c must be completed.

1.4. 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.

1.5. FAR clause 52.204-3 Taxpayer identification (Oct 1998) must be completed in its entirety.

1.6. FAR 52.219-1 Small business Program Representatives (APR 2012) Alternate I (May 2014) must be completed in its entirety.

1.7. FAR 52.222-25 Affirmative Action Compliance (APR 1984) must be completed in its entirety.

1.8. Individual contract line items in Section B –Services and Prices must be completed.

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

1.10. All quotes must be emailed to Durba Ray at durba.ray@dss.mil by Thursday, August 7, 2014, 2:00PM 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.

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

Monday August 4, 2014: durba.ray@dss.mil

1.12. 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.

1.13. Site Visit P.O.C. Omar Zakour at Omar.Zakour@dss.mil or at (703)946-1518.

mailto:durba.ray@dss.mil mailto:Omar.Zakour@dss.mil

SECTION M

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 in section C 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 and reasonableness;

1.1.4. Response to certifications. DSS will evaluate whether the representation and clauses in section I are completed properly and submitted with quote as requested in section L 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."

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government

4001 Destination Government Destination Government 5001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 30-SEP-2014 TO

29-SEP-2015

N/A DEFENSE SECURITY SERVICE FIELD

OFFICE

JENNIFER NORDEN

5800 CAMPUS CIRCLE DRVIE, SUITE 218-

A

IRVING TX 25063

9725801200

HS0001

1001 POP 30-SEP-2015 TO

29-SEP-2016

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 30-SEP-2016 TO

29-SEP-2017

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 30-SEP-2017 TO

29-SEP-2018

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 30-SEP-2018 TO

29-SEP-2019

N/A (SAME AS PREVIOUS LOCATION)

5001 POP 30-SEP-2019 TO

29-MAR-2020

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

MAY 2011

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

MAY 2012

52.212-1 Instructions to Offerors--Commercial Items APR 2014 52.212-2 Evaluation - Commercial Items JAN 1999 52.212-3 Offeror Representations and Certification--Commercial Items MAY 2014 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

JUN 2014

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.217-5 Evaluation Of Options JUL 1990

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.222-18 Certification Regarding Knowledge of Child Labor for Listed

End Products

FEB 2001

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-18 Place of Manufacture SEP 2006 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 52.242-15 Stop-Work Order AUG 1989 52.244-6 Subcontracts for Commercial Items MAY 2014 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 52.252-5 Authorized Deviations In Provisions APR 1984 52.252-6 Authorized Deviations In Clauses APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alternate A, Annual Representations and Certifications MAR 2014 252.204-7012 Safeguarding of unclassified controlled technical information NOV 2013 252.225-7001 Buy American And Balance Of Payments Program DEC 2012 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.229-7999 (Dev) Foreign Contracts in Afghanistan (Deviation) JUL 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)

(a) Definitions.

Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.

(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.

(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.

(d) Taxpayer Identification Number (TIN).

___ TIN:.--------------------------------------------------------

___ TIN has been applied for.

___ TIN is not required because:

___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;

___ Offeror is an agency or instrumentality of a foreign government;

___ Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

___ Sole proprietorship;

___ Partnership;

___ Corporate entity (not tax-exempt);

___ Corporate entity (tax-exempt);

___ Government entity (Federal, State, or local);

___ Foreign government;

___ International organization per 26 CFR 1.6049-4;

___ Other--------------------------------------------------------

(f) Common parent.

___ Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

___ Name and TIN of common parent:

Name-------------------------------------------------------------------

TIN--------------------------------------------------------------------

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 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 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 41 U.S.C. chapter 71, Contract Disputes'', 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 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.

https://www.acquisition.gov/

(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 days;

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.

(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.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2012) - ALTERNATE I (MAY 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is ___ (insert NAICS code).

(2) The small business size standard is ___ (insert size standard).

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) Representations. (1) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it ( ___ ) is, ( ___ ) is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (b)(3) of this provision.] The offeror represents as part of its offer that--

(i) It ( ___ ) is, ( ___ ) is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(4)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ---- ___ ------.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (b)(4) of this provision.] The offeror represents as part of its offer that--

(i) It ( ___ ) is, ( ___ ) is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (b)(5)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ----- ___ -----.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) (Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(7) (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(6) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It ( ___ ) is, ( ___ ) is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since…