HSCETC-11-R-00001 Technical Questions and Responses FINAL 16JUNE2011.pdf

A. Reference: General Questions

A1. Is there a specific brand of patch panel required by ICE?

No. It just has to meet industry standards for the cable type.

A2. Are Detention Centers included in the 500 locations?

Yes.

A.3 Do you have preferred certified manufacturer solution for copper and fiber to include inside and outside plant?

No.

A.4 There is no mention of Wiremold anywhere in the package. Are we to assume that all Cat 6 station cables can placed in existing pathways (via walls or existing power poles)?

A.4.1. Reference: Attachment 11, Sample Design Request for Proposal, 8 th

Floor SCIF:

There is no mention of Wiremold anywhere in the package. Are we to assume that all

Cat 6 station cables can placed in existing pathways (via walls or existing power poles)?

A5. When leaving the MDF or closets are there sleeves/conduits or will they have to be placed? (Duplicate question that appears under Reference: Attachment 11, Sample

Design Request for Proposal, 8

Floor SCIF)

There will be sleeves or conduits

A6. Section C, 52.222-6, Davis-Bacon Act: In the past have Contractors had the ability to work after hours at each site if requested? This could affect the overall price on each

Site.

Working after hours is not a standard practice. However, in emergency situations it may be required, and only when there was approval in advance through the COTR.

This will be determined on a task order basis. The Contractor will provide pricing as part of the Firm-Fixed Price for Installation if it is determined by the Contractor and approved by the Government that after-hours work is necessary.

A7. Section C, page 21, Report, Monthly Incurred Cost Financial Report for T&M or

LH Type TOs Is it possible to provide this report by the 10 th calendar day of every month? Rationale: additional time may be needed to gather all costs, especially if there are subcontractors.

No later than the 10 of every month.

B. Reference: Attachment 5- Statement of Work

B1. Cable Plant Standards Sec 4.4 Backbone cable is confusing re; CAT 6. When read it infers that CAT 6 can be used in the backbone, but its vague about the pair count except for the "Voice" or CAT 3. I think they were just saying that CAT 6 can be used in the riser or Tie role, but it obviously would be four pair either Riser or Plenum rated. Please clarify.

For Backbone cable, it should be Plenum/Riser rated. CAT6 should be used in

Backbone cable. CAT3 is NOT acceptable. The pair count is based on the results of the site survey. .

B2. In Section C.6 Optional Line Items (CLIN) on Page 18 of the Statement of Work it states the following: “The requirements may include video, wireless and data communication supplies and services to include CAT-6 cable, fiber cable, connectors, outlet boxes, wall plates, conduits, panduit, inner duct, patch panels, and uninterruptable power supplies. Based upon changes in technology, the Contractor may be required to replace, add, or delete items that are used for cabling jobs. The

Contractor shall provide appropriate personnel trained in the newer technologies.”

Where it mentions “video” does this mean video surveillance equipment such as cameras and video management systems or is this referring to video teleconferencing equipment?

Video teleconferencing equipment.

B3. Are there any requirements within the scope for electronic security systems such as video surveillance systems, intrusion detection systems, and physical access control systems?

B.4 Will there be site surveys prior to the award of the IDIQ contract?

There will be NO site surveys prior to award of the IDIQ contracts. See Attachment 5, Statement of Work, Section C.4.1, Site Survey, for information regarding site surveys.

B.5 Section C.3.3 “The Contractor shall attend any post award conference convened by the contracting activity or contract administration office”. Where would this conference be held (city)?

Washington, D.C.

B.6 Section C.4.1.1 of the SOW states, “The on-site portion of the Site Survey may include but is not limited to; obtaining or providing floor plans, building related information, and identification of the number of existing and/or proposed wiring closets.” Will contractor prepare the floor plans and etc? Or this information is provided by ICE, if information is provided by ICE, in what format this information will be provided i.e CAD, PDF, and etc?

Floor plans will be provided by ICE and may include all listed formats including both electronically and printed.

B.7 Section C.4.1.1 of SOW: “Failure to obtain sufficient information at the initial site visit is the responsibility of the Contractor. If additional site visits are required, the additional site visits shall be at the expense of the Contractor”. If site visit extends due to delays by ICE , would ICE pay for additional days? For example, initially 2 days were estimated for the site visit, but ICE personnel were not available and contractor had to spend extra day to complete the site visit, who would be responsible for the 3 rd day expenses?

ICE.

B.8 Section C.4.1.2, SOW, Site Survey Plan Package, “Local building permits or license requirements”. Who will be responsible for acquiring permits and licenses? If Answer is

Contractor’s responsibility, then how would you want contractor to incorporate pricing, different cities, counties, and state have different fee structure to obtain the permits.

Obtaining licenses and permits is the contractor‟s responsibility. Cost estimates would be on a location by location basis.

B.9 The solicitation requires that the offeror have a minimum of five (5) years experience in the relevant areas of telecommunications infrastructure. Would the government accept an arrangement where two companies team for this solicitation together, and their collective experience meets or exceeds the five-year minimum threshold of experience?

The prime shall have a minimum of 5 years experience.

B.10 The solicitation requires that the offeror have a minimum of five (5) years experience in the relevant areas of telecommunications infrastructure. For an offeror whose company is less than five (5) years old, would the government accept the experience of the offeror's Key Personnel, who each have several decades of experience in these matters?

No. That does not prove the stability of the company to deliver, and employees have the freedom to leave the company at any time.

B.11 Section C.5.2. “The contractor shall connect the MDF to the RWC with point to point wiring. Fiber is standard for connections between the MDF and RWC‟s and shall be used by the contractor unless otherwise specified in the TO‟s.” Will the cable be multimode or single mode?

Multimode.

B.12 Section C.3.1.1 states “The PM shall be a Registered Communications Distribution

Designer (RCDD).” If the proposed Alternate Program Manager or Project

Coordinator have an RCDD, would ICE be willing to waive the RCDD requirement for the PM?

No.

B.13 Section C.5.2 states “The Contractor shall provide complete, compliant cable installation IAW the SCPC, the Site Survey Plan Package, BICSI Distributions

Methods Manual, this SOW, and best business practices, which shall include but is not limited to the tasks noted below:” In the event there is a conflict between the various standards, please provide us with an order of precedence by standard (i.e. BICSI, SCPC, this SOW, Site Survey Plan Package, best business practices)?

Structured Cable Plant Standard (SCPS), SOW, Site survey plan package, BISCI distributions methods manual, best business practices.

B.14 Section C.5.5.1 states “The original „Ready for Use Letter‟ shall be submitted by

FedEx to the Government.” Will any other vendor be acceptable (i.e. UPS, USPS, DHL)?

B.15 Clarification Request: Reference Attachment 5 Statement of Work

Will the Government be providing the main feed horizontal cable tray or cable support infrastructure? This is usually handled by the electrician throughout the building with the exception of the MDF (RWC).

Yes for new facilities. The contractor may have to provide cable support infrastructure for existing facilities.

B.16 Will electronic drawings of sites be available to complete the “Site Survey Plan

Package”?

The drawings may be electronic or paper. There is no guarantee on the format for all requests.

B.17 Reference Attachment 5 Statement of Work, page 13, 2 nd paragraph. What is the percentage of the following statement in regards to all tasking by Region “some sites will not have site surveys”?

Unknown

B.18 Reference Attachment 5 Statement of Work, page 13, last paragraph. What is the percentage of the following statement in regards to all tasking by Region “storage not available at some sites”?

Unknown, and based on individual facility as well as Task Order requirements at the time.

B.19 Will the experience of our Corporate Officer, Program Manager and Assistant

Program Manager suffice for the requirements of Prime Contract Experience?

No. That does not prove the stability of the company to deliver, and employees have the freedom to leave the company at any time.

B.20 Section C SOW Page 2: The third paragraph on this page states, “The contractor shall be prepared to execute, even on short notice, the installation of cabling requirements in the specified time frame to ensure that no delay in the project schedule occurs.” Please define “short notice” and the anticipated acceptable response time.

Same day. Acceptable response time is 48 hours.

B.21 Section C SOW Page 2: The fourth paragraph on this page states, “The

Contractor shall be knowledgeable of all applicable Federal, state and local cabling regulations, fire codes, historic preservation regulations, and union requirements for each specific site.” Can the Government provide a listing of all site‟s that will have union requirements?

No, because specific sites are not known at this time.

B.22 Section C SOW Page 6, Paragraph C.3.3: This paragraph states, “These meetings shall be at no additional cost to Government.” Can the Government please provide the anticipated number of meetings per contract year and the anticipated locations for said meetings?

No. Meetings are held to review contract performance issues and concerns from both parties, as required. It is anticipated that these meetings will be held via teleconference.

B.23 What existing cable plant i.e. Manufacture, Category type cable, fiber type, do each facility currently have installed?

Varies from facility to facility. The majority of the fiber is multimode and due to the age of some sites the cable type varies from Cat 5, Cat 5e and Cat 6.

B.24 What Security clearance is needed from the contractor "prior" to the award for its Technicians.

Technicians are not required to have a clearance prior to the award.

B.25 Aside from the Program Manager's RCDD, do any of the other positions require any certifications?

Only if referenced in the SOW.

B.26 Ref. Attachment 5, Section C.2, 8th Paragraph: If all cabling is installed in accordance with Attachment 3, then by default would it not be compliant with the HLS

EA?

Yes, by default they would not be compliant with the HLS EA.

B.27 C.2 Scope Page 2 Paragraph 3 states “The contractor shall be prepared to execute, even on short notice, the installation of cabling requirements in the specified time frame to ensure that no delay in the project schedule occurs.” Please define short notice.

Same day. Acceptable response time is 48 hours.

B.28 C.2 Scope Page 2 - The bullet third bullet with an “*” states In compliance with

OMB mandates, all network hardware shall be IPv6 compatible without modification, upgrade, or replacement”. The task seems to be at physical layer, which is transparent to the higher level protocols- what does the IPV6 Compatibility mean in this context?

This is related to the switching and routing equipment which is not relevant to the physical layer components.

B.29 C.3.1 Page 5 bullet on top of page 5 states “Populating and maintaining a master action items list within SharePoint. ICE utilizes Microsoft SharePoint as its primary collaboration software. The Contractor shall use the SharePoint document workspace to share technical knowledge notes and references, gather routine information on projects, and provide updated documentation and project status. “Is it a fair assumption that DHS/ICE will provide access to SharePoint? That the contractor will be using Sharepoint hosted on DHS/ICE server and will be provided remote access?

The contractor will have access to Sharepoint and will utilize government furnished equipment at their facility.

B.30 C.4.1.2 Page 9 last paragraph with bullets. Fifth bullet- Is there any preferred

CAD package that is utilized within DHS/ICS?

C.4.1.2 Page 9 Last Bullet on page 9- talks about “local building permits or license requirements”, and C.4.1.2.1 Page 11-Last paragraph at the end of this page and continuing on page 12, states “The contractor shall clearly and specifically identify clearly and specifically all applicable city, county, and state licensing, codes, and permits required for installation at a specific site in such a manner as to permit verification by the Government”. Is it contractors or governments responsibility to acquire local permits and licenses?

Contractor will acquire all licenses and permits.

B.31 Section C.7.10, Page 22 Mandatory Contractor training- Which personnel will be required to take mandatory training as outlined in this section? Does that include the installers both union and non? What information systems will the contractor have access to?

Only the personnel using the government furnished equipment. Only Key Personnel are being provided Government Furnished Property. The contractor will have access to Virtual University for training purposes, along with SharePoint. .

B.32 C.7.13.1 Page 24 Government furnished property Inventory Listing in first bullet states “The quarterly GFP inventory listing shall be provided to the COTR by 7:30 a.m.

(Eastern Time) on the second Wednesday of the beginning of each quarter using the

Government fiscal year. The listing shall identify the work area, location, individual assigned, and acquired cost” Is acquired cost required in this inventory, since it is government furnished equipment, and a contractor may not know the acquired cost?-

Same question applies for the second bullet.

The contractor would not know the acquired cost for the Government Furnished

Property. Disregard the requirement to provide the acquired cost for Government

Furnished Property.

B.33 Does 48 hour notice/turnaround time include weekends and holidays or business days

Business days.

B.34 Attachment 5, Section C.5, “In some instances a site survey will not be performed.

When a separate site survey is not ordered, the Government will issue a TORFP with specifications and the contractor shall provide their technical and management approach along with their proposal to the CO and COTR.” Will change orders be allowed for items not identified due to lack of a site survey, such as Asbestos?

Yes. Typically if a site survey is not completed, it is due to a recent ( no older than three years) cabling as-built being able to be referenced.

B.35 Attachment 5, C.5.2., Install Specific Tasks, “The Contractor shall be responsible for wiring support systems, extraction and disposal of existing wiring as specified in the individual TO(s).” Shall the contractor deliver any disposed property to the site or shall this be removed off site and disposed by contractor?

The Contractor is responsible for removal and disposal of existing wiring.

B.36 Attachment 5, Section C.7.2, Operational Hours, “The Contractor may anticipate working during normal business hours which are from 7:00 a.m. to 6:00 p.m. local time, Monday-Friday. Each individual TO(s) will identify the working hours for that TO. It may be necessary for the Contractor to work after working hours and/or weekends and/ or federal holidays, which will be identified in the individual TO(s)”. In the past have Contractors had the ability to work weekends at each site if requested? This could affect the overall price on each Site.

This will be determined on a task order basis. The Contractor will provide pricing as on individual task orders if it is determined by the Contractor and approved by the

Government that after-hours work is necessary. Working weekends is not a standard practice. However, in emergency situations it may be required.

B.37 Attachment 5, Section C.3.3., “The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.503.” Question: If there is an onsite Meeting after

TO Award. Should we assume the meeting will be held at the same site as the TO?

Also can this visit be at the same time as arrival of cable crew to limit travel costs?

Section 3.3 states that the contractor will be required to attend a meeting after each TO.

The meeting held after award of a TO will be held via teleconference. For the post award conference, only Key Personnel will be required to be in attendance.

B.38 Attachment 5: C.4.1.2, “Drop termination – Price for installing and termination of drops. Drops should be fixed price per drop regardless of the length of the run of cable required.” Shall Contractor assume J Hooks / Support is to be priced within PER

DROP price on CLIN 003? Please clarify exactly what should be included in PER

DROP price. Contractor Assumes Cable, Jack, Faceplate, (2) Patch Cords, Blank, Labels.

It should not be assumed that J Hooks/Support is to be priced within PER DROP price on CLIN 003. Based on the site survey, if JHooks/Support and a patch panel are required, they should be included as part of the FFP Installation. If there is no site survey and it is discovered that a patch panel is needed, the need would be raised to the

COTR for modification to the task order as necessary. Cable, Jack, Faceplate, (2)

Patch Cords, Blank, and Labels may be included in PER DROP price.

B.39 C.3.1. Program Manager (PM) and Alternate Program Manager (APM) (pg 5): Is

ICE providing the SharePoint document workspace, or can/should the Offer or provide it?

ICE will provide SharePoint document workspace.

B.40 C.6 Optional Contract Line Items (CLIN): Is there an established BOM for the

“pre-prepared kits” for emergency equipment as required for OCONUS Region 6?

No

C. Reference: Attachment 3- ICE Structured Cabling Plant Standard

C.1 Page 15, section 4.4 – Category 6 backbone cabling is described as being multi-pair construction in increments of 25, 50 and 100 pair. The industry does not have

Category 6 cable in these increments. Only Category 5e comes in 25 pair with a plenum rating. How does ICE want use to design a copper backbone, Category 5e

CMP with only 25 pair or Category 3 CMP with many options for 25 pair increments?

This is for voice riser cable. Cat 5e. Plenum rating required and 25 and 50 pair are available. Cat6 Backbone voice cabling is not available at plenum rate yet, and for safety requirements it is a priority factor. For backbone cabling, Cat 5e is used because Cat 6 is not plenum rated.

C.2 Page 19, section 5.1, last paragraph – Horizontal cabling shall be bundled together using tie-wraps at intervals no less than 6 feet. The 568B does not allow tie-wraps but the use of Velcro to loosely bundle horizontal cabling. There also needs to be a varied intervals of 4 to 6 feet so the copper cable does not take on the characteristics of an antenna. Will ICE propose the change to Velcro instead of tie-wraps and change the distance to read varied intervals?

Can‟t find this reference in the 568B standard, so the Government will not commit to it.

C.3 Will ICE have the Main Ground Cable installed into the Main Electrical Panel or is that the responsibility of the contractor?

This is not the contractor‟s responsibility.

C.4 Who is responsible to provide the electrical outlets needed for equipment racks?

ICE facilities

C.5 Are J-hooks allowed to be used for a cable pathway?

Yes

C.6 Could you clarify the requirement for CAT6 certified solution as outlined in the

ICE Structured Cable Plant standards.

The Government is unable to answer-Need a more specific question.

C.7 Attachment 3, Grounding (page 28) 2 nd paragraph, “In all new buildings and major retrofit projects an independent ground bus, installed in each communications closet, shall be provided. The independent ground bus in each closet should be installed by a certified electrician, or properly licensed installer”. It is assumed in Sample Design scenario 1 that each Room where Rack or Cabinets will be located will have a properly installed independent ground bus installed (by others) within 30 Feet. Is this correct?

Yes

D. Reference: Attachment 8, IDIQ Pricing

D.1 It would be helpful for this offeror to know how many workstations and/or employees reside in each building size (small, medium, large).

<25 workstations, small, 25-100 workstations, medium, >100 workstations, large

E. Reference: Attachment 11, Sample Design Request for Proposal, 8

Floor SCIF

E.1 Are the 58 cable sets in the 8th fl SCIF the cables for the A-LAN or are the A-

LAN cables additional?

The SCIF will have 58 A-LAN, 58 C-LAN and 58 HSDN drops to accommodate workstations and printers within the area.

E.2 Should the rack in the 8th fl SCIF contain 3 fiber distribution panels, one for

HSDN, one for C-LAN and one for the fiber optic tie to 3MDF?

E.3 Should the fiber optic tie cable from the 8th fl SCIF to the 3MDF be multimode?

E.4 For the sample task, are we to assume that the cable pathways are already in place or do we need to consider the establishment of pathways in the sample task solution?

Pathways are already in place.

E.5 Are the walls in the sample task building penetrable (i.e. sheet rock) or hard surface?

Penetrable.

E.6 There is no mention of Wiremold anywhere in the package. Are we to assume that all Cat 6 station cables can placed in existing pathways (via walls or existing power poles)?

Yes.

E.7 When leaving the MDF or closets are there sleeves/conduits or will they have to be placed?

There will be sleeves or conduits.

E.8 In Attachment 11-Sample Design Scenario 1, are we to assume that the 8 floor has three RWCs (RWC-8A, RWC-8B and RWC in SCIF)? Also should there be the additional standard 200 drops on that floor on top of the drops specified?

Yes, there should be an RWC in the SCIF. Yes, continue to plan for the 200 drops.

E.9 Is the building in the Sample Project a newly constructed facility?

Yes.

E.10 Was the building in the Sample Project previously occupied?

No.

E.11 Is the building in the Sample Project currently occupied?

No.

E.12 Would the government consider providing sample floor drawings for each unique floor for the purpose of accurately listing and pricing the quantities of materials to be included in the Sample Design Scenario Price Proposal?

No. a floor drawing should not be necessary with the information provided.

E.13 In the event that Sample Design floor drawings for each unique floor will not be provided, must the offeror assume that each floor is a single large open space, less rooms indicated in the Sample Design requirements, and entirely exclusive of individual hallways, storage, and office spaces?

E.14 Attachment 11, Each Remote Wiring Closet, (20 Total), “Provide and install three open equipment racks in each RWC. Rack “A” will contain a fiber distribution panel, three 48-port Cat 6 patch panels for the “A” horizontal cables and the Ethernet switching equipment.” In Sample Design Scenario 1 what size

Racks are required? 19 Inch or 23 Inches wide?

19” racks.

E.15 Reference Section E, page 16, Resumes (no page limit): The Government is requesting the offeror to provide resumes of ALL Cable Installation Technicians(s) that are planned to support this contract. The requirement is difficult to complete since the Government has not defined schedule to support the locations cited in

Attachment 13 nor has the Government specified the building size (small, medium, large) at each location. The offeror respectfully requests that the Government specify a number of Cable Installation Technician(s) resumes for each Region.

The Government is requesting the Offeror to provide resumes of ALL Cable

Installation Technician(s) that are planned to support this contract and as needed as contractors change over the life cycle of the contract.

E.16 Section E, page 25, Volume I, Tab 2-Similar Experience Factor, Item 1:

Deliverable “Cable Plant Test Results” is cited twice as sub-items f and g. Are there

2 difference types of Cable Plant Results or is there another deliverable item that should be cited here?

Section E, page 25, Volume I, Tab 2-Similar Experience Factor, Item 1, is changed as follows:

1. Performing sites visits and preparing installation estimates to include the following deliverables:

a. Cable Installation Report

b. Letters of Certification

c. Bill of Materials

d. Cable Plant Database/Cut Sheet

e. As-Built Site Drawings*

f. Cable Plant Test Results

g. Cable Plant Test Results

h. Cable Installation Report and Test Results

i. Ready for Use Letter(s)

*Includes site drawing, drop list, and Fluke Network Report

***Program Office-Please confirm that these are the only deliverables you want listed under this portion of Similar Experience and (f) and (g) are only duplicates.

E.17 Can contractor quote based on a "per drop" price based on Region?

For pricing individual task orders after the award of the IDIQ, See Attachment 5, Statement of Work, page 10, that states, “The Contractor shall include all prices in their project plan/proposal (as part of the Site Survey Plan Package) and all items shall be broken out as indicated below: Drop Termination: Price for installing and termination of drops. Drops should be fixed price per drop regardless of the length of the run of cable required”.

For submitting prices for each Region in the proposal for the IDIQ contract, See

Section E, page 20, SUBMITTAL INSTRUCTIONS, that states, “IDIQ pricing shall be submitted IAW the format in Attachment 8, IDIQ Pricing Table. In addition to submitting the information requested in Attachment 8, IDIQ Pricing Table, Offerors shall submit the labor categories, labor rates, materials, material prices, and any other information used to calculate the NTE Amounts SECTION E Page 21 of 40 for CLINs

0001 through 0007. When submitting the labor categories and rates. No prices should be inserted on the SF 1449 document.

E.18 Section C, page 2, FAR 52.246-19, Warranty of Systems and Equipment … (May

2001). What is the length of the required warranties? What are the required reporting times?

The SOW is correct in stating one year per industry and manufacturer‟s warranty.

Section C, page 2, FAR 52.246-19, Warranty of Systems and Equipment under

Performance Specifications or Design Criteria (MAY 2001) is revised as follows:

a) Definitions. As used in this clause—

“Acceptance” means the act of an authorized representative of the Government by which the

Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

“Defect” means any condition or characteristic in any supplies or services furnished by the

Contractor under the contract that is not in compliance with the requirements of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under this contract. Except when this contract includes the clause entitled Warranty of Data, supplies also mean “data.”

(b) Contractor’s obligations.

(1) The Contractor’s warranties under this clause shall apply only to those defects discovered by either the Government or the Contractor for (1) Labor: shall be guaranteed for one (1) year from the finalized „Ready for Use Letter‟ and for (2) Materials: shall be in accordance with the manufacturer‟s warranty and all warranty documentation shall be included in the Documents Package.

2) If the Contractor becomes aware at any time before acceptance by the Government

(whether before or after tender to the Government) that a defect exists in any supplies or services, the Contractor shall—

(i) Promptly correct the defect; or

(ii) Promptly notify the Contracting Officer, in writing, of the defect, using the same procedures prescribed in paragraph (b)(3) of this clause.

(3) If the Contracting Officer determines that a defect exists in any of the supplies or services accepted by the Government under this contract, the Contracting Officer shall promptly notify the Contractor of the defect, in writing, within 30 days of the date of discovery. Upon timely notification of the existence of a defect, or if the Contractor independently discovers a defect in accepted supplies or services, the Contractor shall submit to the Contracting Officer, in writing, within 5 days of the date of discovery a recommendation for corrective actions, together with supporting information in sufficient detail for the Contracting Officer to determine what corrective action, if any, shall be undertaken.

4) The Contractor shall promptly comply with any timely written direction from the

Contracting Officer to correct or partially correct a defect, at no increase in the contract price.

(5) The Contractor shall also prepare and furnish to the Contracting Officer data and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this contract) at no increase in the contract price.

(6) In the event of timely notice of a decision not to correct or only to partially correct, the

Contractor shall submit a technical and cost proposal within 5 business days after submittal of the Contractor‟s recommendations for corrective action and adequate supporting information. The Contracting Officer, using sole discretion, shall give the

Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at the facility where the corrective action is necessary.

7) Any supplies or parts thereof corrected or furnished in replacement and any services reperformed shall also be subject to the conditions of this clause to the same extent as supplies or services initially accepted. The warranty, with respect to these supplies, parts, or services, shall be equal in duration to that set forth in paragraph (b)(1) of this clause, and shall run from the date of delivery of the corrected or replaced supplies.

(8) The Contractor shall not be responsible under this clause for the correction of defects in

Government-furnished property, except for defects in installation, unless the Contractor performs, or is obligated to perform, any modifications or other work on such property. In that event, the Contractor shall be responsible for correction of defects that result from the modifications or other work.

(9) If the Government returns supplies to the Contractor for correction or replacement under this clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor’s plant and return to the place of delivery specified in this contract. The

Contractor shall also bear the responsibility for the supplies while in transit.

(10) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation under this contract.

(c) Remedies available to the Government.

(1) The rights and remedies of the Government provided in this clause—

(i) Shall not be affected in any way by any terms or conditions of this contract concerning the conclusiveness of inspection and acceptance; and

(ii) Are in addition to, and do not limit, any rights afforded to the Government by any other clause of this contract.

(2) Within 5 business days after receipt of the Contractor’s recommendations for corrective action and adequate supporting information, the Contracting Officer, using sole discretion, shall give the Contractor written notice not to correct any defect, or to correct or partially correct any defect within a reasonable time at the site where the defect is identified.

(3) In no event shall the Government be responsible for any extension or delays in the scheduled deliveries or periods of performance under this contract as a result of the

Contractor’s obligations to correct defects, nor shall there be any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided by a supplemental agreement with adequate consideration.

(4) This clause shall not be construed as obligating the Government to increase the contract price.

(5)(i) The Contracting Officer shall give the Contractor a written notice specifying any failure or refusal of the Contractor to—

(A) Present a detailed recommendation for corrective action as required by paragraph (b)(3) of this clause;

(B) Correct defects as directed under paragraph (b)(4) of this clause; or

(C) Prepare and furnish data and reports as required by paragraph (b)(5) of this clause.

(ii) The notice shall specify a period of time following receipt of the notice by the

Contractor in which the Contractor must remedy the failure or refusal specified in the notice.

(6) If the Contractor does not comply with the Contracting Officer’s written notice in paragraph (c)(5)(i) of this clause, the Contracting Officer may by contract or otherwise—

(i) Obtain detailed recommendations for corrective action and either—

(A) Correct the supplies or services; or

(B) Replace the supplies or services, and if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor’s account in a reasonable manner, in which case the

Government is entitled to reimbursement from the Contractor, or from the proceeds, for the reasonable expenses of care and disposition, as well as for excess costs incurred or to be incurred;

(ii) Obtain applicable data and reports; and

(iii) Charge the Contractor for the costs incurred by the Government.

(End of clause)