Enclosures.doc
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- SEEK PRESNET UNIDATA Software Maintenance Services Federal contract opportunity
- Solicitation number
- NAMA-11-Q-0071
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ENCLOSURE 1
SCHEDULE OF PRICES
1.
Fixed Price order. The Contractor is required to furnish all the work that can be identified in advance, both in sufficient detail and quantities, and for which a fair and reasonable price can be obtained. The fixed prices must include the fully burdened cost for delivering the services required by this order including any and all direct costs. All work is considered fixed price work. Services require fixed unit prices to be used in potential future orders.
2.
PRICING OF BASE YEAR
(a) Fixed Price Services.
(i) Each Contractor must identify the base year "Unit Price" and "Total Price" for the fixed-priced supplies/services described in paragraph 4.
(ii) The "Unit Price" for each CLIN must be the Contractor's price for the services identified for SEEK PRESNET UNIDATA Software Maintenance Services.
(iii) The "Total Price" for each separately priced CLIN must be the "Unit Price" multiplied by the Quantity to equal the price for the base purchase order year.
(b) Total Base Year Price. The Total Base Year Price is the sum of the fixed-price, for all services to be performed.
3.
PRICING OF OPTIONS
(a) Options will be priced using the procedure for pricing the base period of performance.
(b) Contractors must price options for the two 12-month periods.
(c) Total Option Year Price. The “Total Option Year Price” for each option year is the sum of the fixed-price quantities for the SEEK PRESNET UNIDATA Software Maintenance Services.
4.
SCHEDULE OF PRICES
In accordance with this order, the Contractor must provide all management, supervision, labor, materials, supplies, transportation, and equipment described herein and must plan, schedule, coordinate, and assure all services for NARA.
Insert fixed unit prices quoted for each CLIN for each period. For evaluation purposes, the Total Price (Price) will be determined by multiplying the Quantity (Qty) by the Unit Price. The Price for each period of performance will be determined by summing the Price of each CLIN for each period of performance. The Total Purchase Order Price will be determined by summing each period’s Total Price. The fixed unit price must include the fully burdened cost for delivering the services required by this order.
CLIN = Contract Line Item Number; PWS = Performance Work Statement; NSP = Not Separately Priced; NTE = Not to Exceed; QTY=Quantity.
CONTRACT LINE ITEMS (CLINs) REQUIRED:
| ITEM # |
| DESCRIPTION |
| QTY |
| UNIT |
| UNIT PRICE |
| TOTAL PRICE |
Base Year: 10/01/2011 through 09/30/2012.
Software maintenance and support for PRESNET Collection Description database system at the Ford Library to include (24 User) Annual Software Maintenance, Unidata (24 User RDBMS-AE, RBSrvr, 4 Wbshr, RBDev) Annual Standard Software Maintenance, and SEEK PRESNET (Up to 20 Hours) Support.
YEAR
| $ |
| $ |
| 0002 |
| Option Year I: 10/01/2012 through 09/30/2013. |
Software maintenance and support for PRESNET Collection Description database system at the Ford Library to include (24 User) Annual Software Maintenance, Unidata (24 User RDBMS-AE, RBSrvr, 4 Wbshr, RBDev) Annual Standard Software Maintenance, and SEEK PRESNET (Up to 20 Hours) Support.
| 1 |
| YEAR |
| $ |
| $ |
| 0003 |
| Option Year II: 10/01/2013 through 09/30/2014. |
Software maintenance and support for PRESNET Collection Description database system at the Ford Library to include (24 User) Annual Software Maintenance, Unidata (24 User RDBMS-AE, RBSrvr, 4 Wbshr, RBDev) Annual Standard Software Maintenance, and SEEK PRESNET (Up to 20 Hours) Support.
| 1 |
| YEAR |
| $ |
| $ |
| 0004 |
| Option Year III: 10/01/2014 through 09/30/2015. |
Software maintenance and support for PRESNET Collection Description database system at the Ford Library to include (24 User) Annual Software Maintenance, Unidata (24 User RDBMS-AE, RBSrvr, 4 Wbshr, RBDev) Annual Standard Software Maintenance, and SEEK PRESNET (Up to 20 Hours) Support.
| 1 |
| YEAR |
| $ |
| $ |
| 0005 |
| Option Year IV: 10/01/2015 through 09/30/2016. |
Software maintenance and support for PRESNET Collection Description database system at the Ford Library to include (24 User) Annual Software Maintenance, Unidata (24 User RDBMS-AE, RBSrvr, 4 Wbshr, RBDev) Annual Standard Software Maintenance, and SEEK PRESNET (Up to 20 Hours) Support.
| 1 |
| YEAR |
| $ |
| $ |
Total Amount for 5 years
The purchase order will be issued to the contractor with the lowest priced technically acceptable quotation in accordance with FAR 13.302-1.
All services will be performed at the following location, NARA Office of Presidential Libraries, Ford Presidential Library, 1000 Beal Avenue, Ann Arbor, Michigan 48109-2114.
The support services shall include:
The Unidata Standard maintenance agreement includes telephone consultation on Unidata software problems, Unidata software bug fixes, and any new releases issued during the contracted period. GP Solutions provides Unidata and SEEK call support during normal GPS working hours (8:30AM-5:00PM ET). The SEEK maintenance agreement includes telephone consultation on the use of SEEK, SEEK software bug fixes, and any new SEEK releases issued during the contracted period. The maintenance agreement does not cover application development or debugging of SEEK or Unidata based applications developed by NARA personnel. The SEEK PRESNET support includes analyst labor (up to 20 hours) for PRESNET application support during the contracted period. GPS staff will provide support via telephone and modem to assist NARA staff in the installation of the new releases.
ADDITIONAL TERMS AND CONDITIONS
I. GOVERNMENT CONTRACT SPECIALIST
The Contract Specialist assigned to this contract is:
James Newell, Contract Specialist
Telephone: (301) 837- 1502 Email: james.newell@nara.gov IMPORTANT INFORMATION FOR CONTRACTORS: Depending on the final results of the evaluation, the resulting order from this RFQ will include some or all of the following FAR Clauses and NARA Terms and Conditions:
ORDER ADMINISTRATION
1.
CONTRACTOR RESPONSIBILITY
The Contractor is responsible for the day-to-day inspection and monitoring of the Contractor’s work performed to ensure compliance with the requirements. The results of all Contractor quality control inspections conducted must be documented on inspection checklists and be made available to the Government during the term of the order.
2.
DESIGNATION OF POINT OF CONTACT (POC)
(a) POC: TBD
Phone:
Fax:
E-Mail:
3.
INVOICE SUBMISSION REQUIREMENTS
a. (1) (a) Invoices should be submitted electronically to the following e-mail address:
NAR@BPD.TREAS.GOV.
Protected Microsoft Excel files are the preferred format. However, Adobe Acrobat Portable Document Format (PDF) and Microsoft word are also acceptable. To receive a free notification of your electronic payment, register at http://fms.treas.gov/paid.
a.(1)(b) If electronic invoices are not possible, all original invoices submitted for payment shall be sent to:
ARC/ASD/NAR
ARC/ASD/NAR Avery 3F
Bureau of Public Debt
PO Box 1328
Parkersburg, WV 26106-1328
For Bureau of Public Debt paying office (ARC/ASD/NAR) payment and invoice questions, call 304-480-7000
(2) The Contract Specialist and the POC identified must be sent a copy of all invoices.
b.
The invoice must include the following information and/or attached documentation:
(1) Name of the business concern and invoice date;
(2) The complete contract number and/or delivery/task order number preceded by the letters NAMA;
(3) Description, price, and quantity of services actually delivered or rendered and segregated by CLIN and/or SUBCLIN number(s) including dates;
(4) Payment terms;
(5) DUNS number;
(6) Taxpayer Identification Number (TIN);
(7) Government Fund Cite and DOC/ACT Number (eight digit number preceded by the letter N); and
(8) Government Organization ordering the items.
c. All invoices for this service must be submitted when the service is completed and accepted.
d. All invoices will be paid using information from the Central Contractor Registration (CCR). Therefore, payment will be made to the EFT information that matches the DUNS number for this order.
4. FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998): This order incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov.
a. FAR 52.246-4 Inspection of Services—Fixed-Price. (AUG 1996)
b. FAR 52.242-15 Stop-Work Order. (AUG 1989)
c. FAR 52.212-4 Contract Terms and Conditions—Commercial Items. (June 2010)
5. NARA: SECURITY OF SYSTEMS HANDLING AND PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION (JANUARY 2010)
(a) Applicability This clause applies to all personally identifiable information, as defined in Section B, regardless of the medium in which it is found and includes paper records.
(b) Definitions. As used in this clause:
“Breach” means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar situation where persons other than authorized users, and for other than authorized purpose, have access or potential access to personally identifiable information, in usable form whether physical or electronic.
“Personally identifiable information (PII)” means any information that permits the identity of an individual to be directly or indirectly inferred, including any other information that is linked or linkable to that individual regardless of whether the individual is a citizen of the United States, legal permanent resident, or a visitor to the United States. Examples of PII include the following:
(1) Name.
(2) Date of birth.
(3) Mailing address.
(4) Telephone number.
(5) Social Security Number.
(6) Email address.
(7) Zip code.
(8) Account numbers.
(9) Certificate/license numbers.
(10) Vehicle identifiers including license plates.
(11) Uniform resource locators (URLs).
(12) Internet protocol addresses.
(13) Biometric identifiers (e.g., fingerprints).
(14) Photographic facial images.
(15) Any other unique identifying number or characteristic.
(16) Any information where it is reasonably foreseeable that the information will be linked with other information to identify the individual.
“Sensitive personally identifiable information (sensitive PII)” means a subset of PII, which if lost, compromised or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to an individual.
(1) Complete social security numbers, alien registration numbers (A-number) and biometric identifiers (such as fingerprint, voiceprint, or iris scan) are considered sensitive PII even if they are not coupled with additional PII.
(2) Additional examples include any grouping of information that contains an individual’s name or other unique identifier plus one or more of the following elements:
(i) Driver’s license number, passport number, or truncated social security number (such as last 4 digits);
(ii) Date of birth (month, day, and year);
(iii) Citizenship or immigration status;
(iv) Financial information such as account numbers or electronic funds transfer information;
(v) Medical information; and/or
(vi) System authentication information such as mother’s maiden name, account passwords or personal identification numbers.
(3) Other PII may be “sensitive” depending on its context, such as a list of employees with less than satisfactory performance ratings or an unlisted home address or phone number. In contrast, a business card or public telephone directory of agency employees contains PII but it is not sensitive.
(c) Data Security.
(1) The Contractor shall limit access to the data covered by this clause to those employees and subcontractors who require the information in order to perform their official duties under this contract.
(2) The Contractor, Contractor employees, and subcontractors must physically or electronically secure sensitive PII when not in use and/or under the control of an authorized individual, and when in transit to prevent unauthorized access or loss.
(3) When sensitive PII is no longer needed or required to be retained under applicable Government records retention policies, it must be destroyed, as specified in the contract, or if not specified in the contract, through means that will make the sensitive PII irretrievable.
(4) The Contractor shall only use sensitive PII obtained under this contract for purposes of the contract; it shall not be disclosed, released, disseminated, or published without the prior written consent of the Contracting Officer.
(5) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.
(6) At expiration or termination of this contract, the Contractor shall turn over all sensitive PII obtained under the contract that is in its possession.
(d) Systems Access. Work to be performed under this contract may require the handling of PII. The Contractor shall provide the Government access to, and information regarding those systems handling sensitive PII for the Government under the contract, when requested by the Government, as part of the Contractor’s responsibility to ensure compliance with security requirements, and shall otherwise cooperate with the Government in assuring compliance with such requirements. Government access shall include independent testing of controls, system penetration testing by the Government, Federal Information Security Management Act data reviews, and access by agency Inspectors General (IG) for IG reviews.
(e) Systems Security.
(1) In performing its duties related to management, operation, and/or access of systems containing PII under this contract, the Contractor, its employees and subcontractors shall comply with all applicable security requirements and rules of conduct applicable to the agency’s systems as described in:
a) NARA Directive 1608;
b) NARA Notice 2010-045;
c) NARA Penalty Guide (Personnel 300, Appendix 752A - Penalty Guide); and
d) NARA’s Media Protection Methodology
(2) In addition, the use of Contractor-owned laptops or other portable storage devices to process or store sensitive PII is prohibited under this contract until the Contractor provides, and the Contracting Officer, in coordination with the Senior Agency Official for Privacy or the SAOP’s designee, approves the Contractor’s written acknowledgment that the following requirements are met:
(i) Laptops and other portable storage devices must employ encryption that is NIST Federal Information Processing Standard (FIPS) 140-2 validated (or its successor), and approved;
(ii) The Contractor has developed and implemented a process to ensure that security and other applications software are kept current;
(iii) Mobile computing devices utilize anti-virus software and a host-based firewall mechanism;
(iv) Removable media, such as hard drives, flash drives, devices with flash memory, CDs and floppy disks containing sensitive PII shall not be removed from a Government facility unless they are encrypted using a NIST FIPS 140-2 or successor approved product;
(v) When no longer needed, all removable media, hard drives, and flash memory shall be destroyed in accordance with Government security requirements identified in NARA’s Media Protection Methodology;
(vi) The Contractor shall maintain an accurate inventory of devices used in the performance of this contract;
(vii) Contractor employee annual training and rules of conduct/behavior shall be developed by NARA as part of its annual PII training program. This training will be completed within 30 days of contract employees beginning work on a sensitive PII project and thereafter annually. Such completion will be acknowledged by employees in writing and reported to NARA’s Senior Agency Official for Privacy or the SAOP’s designee
(viii) All sensitive PII obtained under this contract shall be removed from Contractor-owned information technology assets upon termination or expiration of Contractor work. Removal must be accomplished in accordance with NARA’s Media Protection Methodology, which the Contracting Officer will provide at the outset of work and later upon request. Certification of data removal will be performed by the Contractor’s Project Manager and written notification confirming acknowledgment will be delivered to the Contracting Officer within 30 days of termination/expiration of Contractor work.
(ix) Back up of any systems or files containing PII shall be treated in the same manner as the original data containing PII, with the same protections and obligations.
(3) The Contractor shall require FIPS 140-2 (or successor) encryption of any sensitive PII when transmitted electronically across the Internet or other public works.
(f) Breach Notification to Government.
(1) The Contractor has been provided with: NARA Directive 1608, and is aware of its roles, responsibilities, and relationship with the Government in case of data breach.
(2) In the event of any actual or suspected breach of sensitive PII, the Contractor shall immediately, and in no event later than one hour of discovery, report the breach to the Contracting Officer, the Contracting Officer’s Representative (COR), the Senior Agency Official for Privacy and the Chief Information Officer in accordance with NARA Directive 1608,
(3) The Contractor is responsible for positively verifying that notification is received and acknowledged by appropriate Government parties identified in subparagraph (2) above.
(g) Flow down of security requirements to subcontractors.
(1) The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph (g), in all subcontracts under this contract, and require written subcontractor acknowledgement of same.
(2) Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
6. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. (May 2011)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
_x_ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_x_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_x_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
_x_ (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note). (Applies to contracts over $30,000). (Not applicable to subcontracts for the acquisition of commercially available off-the-shelf items).
__ (7) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
__ (8) 52.219-3, Notice of Total HUBZone Set-Aside or Sole-Source Award (Jan 2011) (15 U.S.C. 657a).
__ (9) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (10) [Reserved]
__ (11)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-6.
__ (iii) Alternate II (Mar 2004) of 52.219-6.
__ (12)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
_x_ (13) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
__ (14)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Jul 2010) of 52.219-9.
__ (15) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).
__ (16) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (17)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
__ (ii) Alternate I (June 2003) of 52.219-23.
__ (18) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (19) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (20) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).
__ (21) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).
__ (22) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2011).
__ (23) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2011).
_x_ (24) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_x_ (25) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).
_x_ (26) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
_x_ (27) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
_x_ (28) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
_x_ (29) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
_x_ (30) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
_x_ (31) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_x_ (32) 52.222-54, Employment Eligibility Verification (Jan 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
_x_ (33)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
_x_ (34) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
_x_ (35)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
__ (ii) Alternate I (Dec 2007) of 52.223-16.
_x_ (36) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (Sep 2010) (E.O. 13513).
__ (37) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (38)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).
__ (ii) Alternate I (Jan 2004) of 52.225-3.
__ (iii) Alternate II (Jan 2004) of 52.225-3.
__ (39) 52.225-5, Trade Agreements (Aug 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_x_ (40) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (41) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (42) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
_x_ (43) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
__ (44) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
_x_ (45) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).
__ (46) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
__ (47) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
_x_ (48) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (49)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).
__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) [Reserved]
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (Jan 2009).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Alternate I (Feb 2000). As prescribed in 12.301(b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or (d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”
Alternate II (Dec 2010). As prescribed in 12.301(b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:
(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the Contractor is not required to flow down any FAR clause in a subcontract for commercial items, other than—
(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5).
(C) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(D) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(E) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(F) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(G) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(H) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(I) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
(J) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(K) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
(L) 52.222-54, Employment Eligibility Verification (Jan 2009).
(M) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(N) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
End of Clause
7.
PAYMENT
a.
Payments must be made upon submission of a proper invoice. Payments will be due on the 30th calendar day after receipt of a proper invoice, or on the 30th calendar day after the date the services were accepted by the government, whichever is later.
(1) No payments will be made by check. Invoice payments will be made electronically in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration.
(2) The date of payment by wire transfer through the Treasury Financial Communications System must be considered to be the date payment is made.
b.
The Contractor will be paid for the work called for and identified and set forth in the “Line Item Description” located in the Schedule of Prices of this order. Payment for services rendered will be made upon submission of the Contractor’s properly certified invoice.
8.
FINAL PAYMENT
Before final NARA payment is made, the Contractor must furnish to the CO a written release of all claims against the Government arising by virtue of the order, other than claims in stated amounts as may be specifically excluded by the Contractor from the operation of the release. If the Contractor’s claim to amounts payable under the order has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), a release may also be requested of the assignee. To ensure that all necessary adjustments for non-performance or unsatisfactory performance have been made and a release of claims has been submitted before the order is closed out, the final NARA payment will be made in thirty (30) calendar days after receipt of a proper invoice, date of completion of performance, or receipt of release of claims by the CO, whichever is later.
RELEVANT PAST PERFORMANCE QUESTIONNAIRE
Note: To be completed by your references (no more than three) and returned by your references to the Contract Specialist by the date specified. Failure to do so may result in rejection of your quotation.
Your organization has been identified for participation in the past performance evaluation on a current solicitation at the National Archives and Records Administration (NARA), College Park, Maryland. This survey will be used to evaluate the past performance for the contractor and contracting action identified below.
Your candid response to the questions is important to our evaluation effort and may affect the award outcome. Please indicate "N/A" in any area which is not applicable to work performed on your contracting action. In accordance with OFPP Policy Letter Number 92-5, the names of individuals supplying past performance information will remain confidential.
Please take a moment to complete the enclosed survey and email or fax the completed and signed survey to the contact listed below by 1:00 p.m. EST on August 16, 2011. A representative of NARA may contact you to arrange a time for a phone interview to review the survey. If you have any questions regarding this survey please contact:
Mr. James Newell Email: james.newell@nara.gov
Phone: 301-837-1502 Fax: 301-837-3227
The following information is being requested:
Contract number: __________________________
Contractor’s name, operating unit and address: ________________________________________________________________________________________________________________________________________________________
Type of contract:_______________________________________________________________
Program Name:_______________________________________________________________
Contract Initiation date:__________________________________________________________
Contract completion date (including extensions):______________________________________
Years Remaining:
Describe any schedule changes and reasons for schedule changes (if any):
Award Amount:_______________________________________________________________
Current Contract $ Value (including exercised options and extensions):__________________
Projected Final Contract $ Value (including exercised options and extensions):
Reason why Award Amount and Current or Projected Final Contract $ Value differ (if they differ):___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Description of the work performed (include the size, scope, and complexity of the project):
Evaluators name, position, organization, and role on the contract: ________________________________________________________________________________________________________________________________________________________
Evaluator’s phone # and email address: ____________________________________________
Number of month’s contractor performance was monitored by evaluator:__________________
1. Please rate each item listed below (circling is preferable; Use 1 through 5 with 5 being outstanding and 1 being unsatisfactory; N/O (Not Observed)) and Provide Comments to identify Specific Strengths/Weaknesses in each area
A1. Quality of Products or Services: Assess the contractor’s conformance to contract requirements, specifications, and standards of good workmanship (e.g., technical, professional, environmental, or safety and health standards).
| Issue Anticipation/Prevention |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| Process Improvement |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| Lesson Learned Incorporation |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| Thoroughness |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| Overall Quality |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
A2. Proficiency in:
| SEEK PRESNET UNIDATA Software Maintenance Services |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
A3. Management of Key Personnel: Assess the contractor’s performance in selecting, retaining, supporting, and replacing, when necessary, key personnel.
| Retention |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| Replacement Speed and Quality |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
Comments (List specific strengths and weaknesses):
B. Timeliness of Performance - Assess the timeliness of the contractor against the completion of the contract, task orders, milestones, delivery schedules, administrative requirements (e.g., efforts that contribute to or affect the schedule variance).
| Extent to which work and deliverables were delivered on time |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
Comments (List specific strengths and weaknesses):
C. Cost Control - Assess the contractor’s effectiveness in forecasting, managing, and controlling contract costs (*Do not rate this item for Firm Fixed Priced contracts).
| Performed Within Estimates |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| Cost Consciousness |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
Comments (List specific strengths and weaknesses):
D. Business Relations - Assess the integration and coordination of relationships needed to execute the contract
| Business/Contracting Relations |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| Response to Change |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| Subcontract Management |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| Interaction with End Users |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| Extent of End User Satisfaction |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
| Responsiveness |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
Comments (List specific strengths and weaknesses):
E. Resolution of Problems - Assess the contractor’s performance in resolving problems that arose during performance of the contract.
| Problem Resolution |
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| N/O |
Comments (List specific strengths and weaknesses):
2. Overall Assessment: (please circle)
NOT OBSERVED
Comments (List any major strengths and major weaknesses):
PAGE
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