1-RFP_OAM16047S-Technology_Services_2016.pdf

Solicitation, Offer and Award Form (10-28-2014 Revision)

SOLICITATION, OFFER AND AWARD 1. Type of Solicitation: Informational (RFI) Negotiated (RFP) Page 1 of

2. Solicitation Number 3. Solicitation Title 4. Date Issued

5a. Issued By For Information, Contact:

5b. Name 5c. Phone

5d. Email

SOLICITATION

6. Offers must be received ON OR BEFORE EASTERN TIME at:

the office address in Block 5a with ___ copies another location (see Section L)

7. Delivery Arrangement FOB Destination

FOB Origin

8. Table of Contents

Sec. Description Page(s) Sec. Description Page(s) Part I – The Schedule Part II – Contract Clauses

A Solicitation, Offer and Award Form I Special Contract Clauses B Supplies or Services and Prices/Costs Part III – List of Documents, Exhibits and Other Attachments C Description/Specifications/Work Statement J List of Attachments D Packaging and Marking Part IV – Representations and Instructions (Removed at Award) E Inspection and Acceptance K Representations, Certifications, and

Other Statements of Offerors F Deliveries and Performance G Contract Administration Data L Instructions, Conditions, and Notices to Offerors H Standard Contract Clauses M Evaluation Factors for Award

OFFER (must be fully completed by offeror)

9. The undersigned agrees to perform in compliance with the terms and conditions in the following pages if this offer is accepted within 120 calendar days from the date for receipt of offers specified in Block 6.

10. Acknowledgement of Amendments (the offeror acknowledges receipt of amendments to the Solicitation for offerors and related documents numbered and dated):

Amendment No. Date Amendment No. Date Amendment No. Date Amendment No. Date Amendment No. Date

11. Prompt Payment Discount (Calendar Days)

12. Authorized Signature 13. Date Signed

No. of Days %

14. Name and Address of Offeror 15. Signer Information (type or print):

a. Name b. Phone

c. Title

d. Email

AWARD (to be completed by Government)

16. Contract No. (Solicitation No. + Suffix if applicable) 17a. Name of Contracting Officer

The signature of the Contracting Officer in Block 17 constitutes acceptance of the Offeror’s proposal dated ________________________ and consummates the contract, which consists of this Solicitation, Offer and Award Form and the referenced proposal.

17b. U.S. House of Representatives Signature 17c. Date Signed

Request for Quote (RFQ) kgriggs Typewritten Text the email address in Block 5d kgriggs Typewritten Text kgriggs Typewritten Text

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TABLE OF CONTENTS

SECTION B – Supplies or Services and Prices 5 SECTION C – Descriptions and Specifications 6 SECTION D – Packaging and Marking 7

D.1 Payment of Postage and Fees 7 D.2 Packaging and Marking 7

SECTION E – Inspection and Acceptance 8 E.1 Inspection 8 E.2 Acceptance 8 E.3 Title / Transfer / Risk of Loss 8

SECTION F – Deliveries or Performance 9 F.1 Period of Performance 9 F.2 Option to Extend the Term of the Contract 9 F.3 Place of Performance 9 F.4 Notice to the House of Delays 9 F.5 Suspension and Debarment 9 F.6 Payment for Non-Performance 12

SECTION G – Contract Administration 13 G.1 Authorized House Representatives 13 G.2 Authorized Contractor Representative 14 G.3 Delegation of Authority 14 G.4 Post Award Conference 15 G.5 Invoices 15 G.6 Remittance Address 16 G.7 Reports / Plans / Schedules 16 G.8 Contract Status and Review Meetings 17 G.9 Resolving Contract Performance Issues 17 G.10 Disputes 17 G.11 Modifications 18 G.12 Change Orders 18 G.13 Termination 18 G.14 Release of Claims 20

SECTION H – Standard Contract Clauses 21 H.1 Certain Definitions 21 H.2 Availability of Funds 22 H.3 System for Award Management 22 H.4 Insurance 22 H.5 Federal Tort Claims Act 23 H.6 Excusable Delays 23 H.7 Warranty 23 H.8 Substitutions 24 H.9 Buy American 24 H.10 Most Favored Customer Pricing 25 H.11 House Rules and Regulations 25 H.12 Compliance With Laws 25 H.13 House Information 25 H.14 Information Security 26 H.15 Non-Disclosure Agreement 26 H.16 Protection of Contractor Proprietary Data 27 H.17 Examination and Audit 27

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H.18 Limitation of Liability and Indemnification 27 H.19 Non-Exclusivity of Rights and Remedies 28 H.20 Flowdown and Subcontractors 28 H.21 E-Verify 29 H.22 Background Checks 30 H.23 Identification Badges 31 H.24 Key Personnel 31 H.25 Authorized Use by Other Legislative Entities 32 H.26 Covenant Against Gratuities 32 H.27 Conflicts of Interest 32 H.28 Advertising/Promotional Materials 33 H.29 Incidental Services, Travel and Other Expenses 33 H.30 Severability 33 H.31 Assignment and Change in Control 33 H.32 Order of Precedence 34 H.33 Section Headings 34 H.34 Safety Awareness 34 H.35 Waiver of Rights 34 H.36 Privacy and Confidentiality 35 SECTION I – Special Contract Clauses 36 I.1 Rights in New Work Product 36 I.2 Software Escrow – NOT APPLICABLE I.3 Software License Warranty 36 I.4 System/Solution Warranties 36 I.5 Intellectual Property Indemnity 37 I.6 Documentation for Software and Equipment 38 I.7 Software Versions – NOT APPLICABLE 39 I.8 Use of Hardware or Software Monitoring 39 I.9 Technology Enhancement 39 I.10 Self-Hosting Option – NOT APPLICABLE 39 I.11 Service Level Agreements 39 I.12 Media Sanitization – Fax and Copy Machines – NOT APPLICABLE 40 I.13 Concessionaire Terms and Conditions – NOT APPLICABLE 40 I.14 Indefinite Delivery / Indefinite Quantity Contracts 40 I.15 Quality Assurance Surveillance Plan 40 I.16 Vendor Performance Evaluation 40 I.17 Security Awareness 41 I.18 Construction 41 I.19 Counterparts 41 I.20 Bankruptcy 41 SECTION J – List of Attachments 42 SECTION K – Representations, Certifications and Other Statements of Offerors 43 K.1 Financial Information 43 K.2 Insurance Information 43 K.3 Company Background and Identifying Information 43 K.4 Quality Assurance Information 43 K.5 Responsibility Certification 43 K.6 Certification of Independent Price Determination 44 K.7 Authorized Company Officials 45 K.8 Organizational Conflicts of Interest 45 K.9 Buy American Act Certification 45

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K.10 General Services Administration Schedule Contract or Government-Wide Acquisition 46

Contract Certification K.11 System for Award Management 46 K.12 Signature 47 SECTION L – Instructions, Conditions and Notices to Offerors 48 L.1 Content of Proposals 48 L.2 Submission of Proposals 50 L.3 Subsequent Submissions 50 L.4 Acknowledgement of Amendments to Solicitations 50 L.5 Information Distribution and Contacts 51 L.6 Restriction on Disclosure and Use of Data 51 L.7 Pre-Proposal Conference 51 SECTION M – Evaluation Factors for Award 52 M.1 Evaluation Factors for Award 52 M.2 Basis for Award 52 M.3 Contract Award 53

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SECTION B -- SUPPLIES OR SERVICES AND PRICES

B.1 PRICING MATRIX

The Contractor shall provide any combination of the following services (Technology Services) to the Client in accordance with this Contract:

a. □ Correspondence Management Systems Services

b. □ Maintenance Services

c. □ Systems Administration Services

Instructions for completion of Attachment J.1 – Pricing Matrix:

The House is committed to providing Member Offices with quality services at competitive pricing.

• All prices shall be stated in whole dollars for the base period and the option period.

• Fixed-Price recurring items shall be priced per month.

• Other Fixed-Price items shall be priced per each unit.

• Time & Materials items shall be priced per hour with fully-burdened rates for labor and scheme for pricing parts, e.g. discount from GSA Schedule or other published (list) prices.

• Each Service/Task should show discount for advance payment when authorized in accordance with

House policy and requested.

• Service Level Plans - All priced items should show pricing for different levels of service based on ranges of quantity, e.g. number of Offices under work orders, number of components supported, etc. It is up to the vendor to specify the level of service and price proposed for each service level, from lowest to most comprehensive (i.e., Bronze, Silver, Gold and Platinum).

• Offeror must also show the discount to be taken from each task if the Offeror is awarded two or more tasks.

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SECTION C -- DESCRIPTIONS AND SPECIFICATIONS

C.1 STATEMENT OF WORK

See Attachment J.3 - Statement of Work

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SECTION D – PACKAGING AND MARKING

D.1 PAYMENT OF POSTAGE AND FEES APRIL 2013

All postage and fees related to submitting information, including forms, reports, etc., to the House shall be paid by the Contractor.

D.2 PACKAGING AND MARKING DECEMBER 2014

a. Packaging. Preservation, packaging and packing for all items delivered hereunder shall be in accordance with commercial practice, unless otherwise stated in this Contract, to ensure acceptance by common carrier and safe arrival at destination. All boxes must: (i) include packing slips clearly referencing this Contract; (ii) be numbered sequentially; (iii) indicate the total number of boxes in the shipment (i.e., 1 of 6, 2 of 6, etc.); and (iv) include a description of item, part or item number, customer name and customer location.

b. Marking. Contractor packages sent by private shipping companies (e.g., FEDEX, UPS, etc.) must have the following information recorded on or near the shipping label: “U.S. House of Representatives, Purchase Order/Contract Number: (insert number),” along with the recipient’s name, office, building, room number and telephone number, if known. For items sent by local shipping companies, all deliveries, unless otherwise stated in this Contract, shall be considered “Inside Deliveries” and the Contractor will ensure that necessary hand-trucks, tools and personnel are available upon delivery to transport goods to the final destination within the building.

c. Delivery Schedule and Instructions. No deliveries will be accepted unless the delivery vehicles have been processed at the U.S. Capitol Police Off-Site Delivery Center. The hours of the U.S. Capitol Police Off-Site Delivery Center are 5:00 a.m. to 7:00 p.m., Mondays through Fridays (Eastern Time), excluding Federal holidays. In order to gain access to the loading docks of the Capitol and the House Office Buildings, the Contractor is required to have a letter on file with the U.S. Capitol Police. The letter must be on company letterhead accompanied by the signature of the company’s owner, officer or manager. Delivery trucks servicing the Ford House Office Building must not exceed ten (10) feet in height for inside delivery. Requests for access to the U.S. Capitol Complex, including the House Office Buildings, must be renewed three (3) times per year on April 30, August 31 and December 31, and should contain the following information: (i) name of company; (ii) name of drivers/employees requiring access; (iii) social security number for each driver/employee; (iv) date of birth for each driver/employee; (v) building(s) to be accessed; and (vi) company contact person and phone number. The information must be provided to: U.S. Capitol Police, Off-Site Inspection Center, 4700 Shepherd Parkway S.W., Washington, D.C. 20032; fax: 202-563-5140. Any questions can be directed to the Operations Division of the U.S. Capitol Police, 202-224-0202.

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SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION DECEMBER 2014

a. Goods, Equipment and Services. Inspection of goods, equipment and services to be furnished hereunder shall be performed at the place of performance or delivery destination, in accordance with the provisions specified in this Contract and any applicable orders. The Contractor shall furnish to inspectors all information and data as may be reasonably required to perform such an inspection.

b. Quality Assurance Reviews.

i. Tests. The COR reserves the right to conduct any quality assurance reviews and tests it deems necessary to assure that the services provided conform in all respects to the contract specifications. The Contracting Officer shall have the right to send his representative into areas used by the Contractor’s employees, at any time, for quality assurance reviews or other purposes approved by the Contracting Officer.

ii. Non-compliance. Services which upon quality assurance reviews are found not to be in conformance with contractual specifications shall be promptly rejected and notice of such rejection, together with appropriate instructions, including resolution time, will be provided to the Contractor by the Contracting Officer. Deficiencies thus reported shall be corrected by the Contractor in a timely period as specified by such quality assurance reviews or, with written request for an extension, mutually agreed to by the parties. The Contractor shall respond to all quality assurance reports within the timeframe specified in each quality assurance review, annotating what actions have been taken. Written notification of negative quality assurance review results will be furnished within thirty (30) calendar days after completion of quality assurance reviews.

c. Facilities. All facilities utilized by the Contractor in performance of work under this Contract shall be subject to inspection by officials of the House and other representatives of the House, as directed by the House.

E.2 ACCEPTANCE DECEMBER 2014

The House has the right either to reject or require correction of non-conforming goods, equipment and services.

Goods, equipment and services are non-conforming when they are defective in material or workmanship or are otherwise not in conformance with requirements of the Contract, including any applicable instructions, specifications, drawings, data, the Contractor’s warranties (express or implied) or any applicable samples provided to the House. Goods and equipment not accepted will be held for the Contractor’s instruction at the Contractor’s risk and, if the Contractor so instructs, will be returned to the Contractor at the Contractor’s expense. Goods are considered accepted as to form, fit and function upon signature of receiver. Equipment (i.e., goods/items with an individual serial number and with each good/item initially valued at five hundred dollars ($500.00) or higher) is considered accepted upon signature of a completed Equipment Installation Notice (“EIN”) form. The EIN form can only be signed by a Member, Committee Chair or Officer and is available on www.house.gov. Services are considered accepted upon a signed invoice. Payment for any goods, equipment or services hereunder shall not be deemed an acceptance thereof and will not waive any and all claims that the House may have against the Contractor.

E.3 TITLE / TRANSFER / RISK OF LOSS APRIL 2013

The Contractor warrants free and clear title to all goods, equipment and services procured under this Contract.

Unless otherwise specified in this Contract, title and risk of loss shall transfer to the House upon acceptance.

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE APRIL 2013

Contract period of performance shall extend from January 3, 2017 through January 2, 2019.

F.2 OPTION TO EXTEND THE TERM OF THE CONTRACT APRIL 2013

a. Extension. The House may extend the term of this Contract one (1) time for a period of 24 months. Preliminary written notice to the Contractor of the House’s intention to exercise these options will be at least thirty (30) calendar days before the Contract expires. The preliminary notice does not commit the House to an extension.

b. Total Term. The total duration of this Contract, including the exercise of any options under this clause shall not exceed four years.

F.3 PLACE OF PERFORMANCE APRIL 2013

Capitol Hill House Office Buildings in Washington, D.C., Washington Metropolitan area, and/or Member District Offices.

F.4 NOTICE TO THE HOUSE OF DELAYS DECEMBER 2014

In the event the Contractor encounters difficulty in meeting performance requirements, or when the Contractor anticipates difficulty in complying with this Contract, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, the Contractor shall immediately notify the COR by telephone and follow-up in writing to the COR within two (2) business days after the verbal notice, giving pertinent details. This notification does not relieve the Contractor of its obligations to meet the delivery and/or performance requirements of this Contract nor should this notification be construed as a waiver by the House of any delivery schedule or date, performance requirements, or any rights or remedies provided under this Contract. Failure to meet delivery/completion dates shall relieve the House of any obligation to accept and pay for any such goods, equipment and/or services at the option of the House and without liability.

F.5 SUSPENSION AND DEBARMENT APRIL 2013

a. Policy. The House will solicit offers from, award contracts to and consent to subcontracts with responsible contractors only. The prime contractor is responsible for vetting its subcontractors. Although recognized as a serious administrative action, the House may suspend or debar contractors if necessary to protect the U.S.

Government’s interest.

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b. Causes for Suspension and Debarment. The House may suspend or debar a contractor suspected, upon adequate evidence, of:

i. commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract;

ii. violation of Federal or State antitrust statutes relating to the submission of offers;

iii. commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws or receiving stolen property;

iv. delinquent Federal taxes in an amount that exceeds three thousand dollars ($3,000);

v. knowing failure by a principal, until three (3) years after final payment on any Government contract awarded to the Contractor, to timely disclose to the Contracting Officer, in connection with the award, performance or closeout of the contract or subcontract thereunder, credible evidence of a: (A) violation of Federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in Title 18 of the United States Code; (B) violation of the civil False Claims Act (31 U.S.C. 3729-3733); or (C) significant overpayment(s) on the Contract; or

vi. commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the Government contractor or subcontractor.

Indictment for any of the causes listed above constitutes adequate evidence for suspension and/or debarment.

The House may, upon adequate evidence, also suspend a contractor for any other cause so serious or compelling a nature that it affects the present responsibility of the Government contractor or subcontractor.

c. Suspension. If suspended, the Contractor is temporarily disqualified from contracting with the House as a prime and/or House-approved subcontractor, in full or in part, pending the completion of an investigation and any ensuing legal proceeding(s).

i. Procedures. The Contracting Officer initiates suspension and debarment proceedings. If the Contractor and any specifically named affiliates are suspended, the Contracting Officer shall advise the individual or company immediately by certified mail, return receipt requested:

1. that the individual or company has been suspended and that the suspension is based on an indictment or other adequate evidence that the Contractor has committed irregularities: (A) of a serious nature in business dealings with the House; or (B) seriously reflecting on the propriety of further House dealings with the Contractor. Any such irregularities shall be described in terms sufficient to place the Contractor on notice without disclosing the House’s evidence;

2. that the suspension is for a temporary period pending the completion of an investigation and such legal proceedings as may ensue;

3. of the cause(s) relied upon for imposing suspension;

4. of the effect of the suspension; and

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5. that, within thirty (30) calendar days after receipt of the notice of suspension, the Contractor or its representative may submit to the Chief Administrative Officer, in writing or in person, information and argument in opposition to the suspension, including any additional specific information that raises a genuine dispute over the material facts.

d. GSA Notification. The House reserves the right to notify GSA if the Contractor is suspended, debarred or proposed for suspension or debarment by the House.

e. GSA Suspension and Debarment. After being listed on the System for Award Management (“SAM”) as suspended or debarred, the House shall not solicit offers from, award contracts to or consent to subcontracts with the listed contractor, unless the House’s Chief Administrative Officer determines that there is a compelling reason for such action. Furthermore, contractors listed on SAM as suspended or debarred are excluded from conducting business with the House as agents or representatives of other contractors.

f. Debarment. If debarred, the Contractor is excluded from contracting with the House as a prime and/or House-approved subcontractor, in full or in part, for a defined period of time, generally not to exceed three (3) years.

i. Procedures. If the Contractor and any specifically named affiliates are proposed for debarment, the House shall advise the individual or company immediately by certified mail, return receipt requested:

1. that debarment is being considered;

2. of the reasons for the proposed debarment in terms sufficient to put the Contractor on notice of the conduct or transaction(s) upon which it is based;

3. of the cause(s) relied upon for proposing debarment;

4. that, within thirty (30) calendar days after receipt of the notice, the Contractor or its representative may submit to the Chief Administrative Officer, in writing or in person, information and argument in opposition to the proposed debarment, including any additional specific information that raises a genuine dispute over the material facts;

5. of the effect of the issuance of the notice of proposed debarment;

6. of the potential effect of an actual debarment; and

7. of the House’s procedures governing debarment decision-making.

The decision of the Chief Administrative Officer on the merits of a debarment shall be final. A decision may be appealed by the Contractor to the Committee on House Administration, in writing, within ten (10) calendar days of receipt of notification of the decision. However, the only basis for appeal is that the Chief Administrative Officer failed to follow the procedures established herein. No other basis for appeal will be considered by the Committee on House Administration.

ii. Notice. In the event that the Chief Administrative Officer makes a determination to impose debarment, the House shall give the Contractor and any subcontractors affiliated with the project prompt notice by certified mail, return receipt requested:

1. referring to the notice of proposed debarment;

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2. specifying the reasons for debarment; and

3. stating the period of debarment, including effective dates.

F.6 PAYMENT FOR NON-PERFORMANCE APRIL 2013

a. General. If the Contractor fails to comply with this Contract or any extension, the House may terminate this Contract under the termination clause of the Contract. The Contractor shall be liable for fixed, agreed damages as provided for in this clause, accruing until the time the House may reasonably obtain delivery or performance of similar services.

b. Payment for Non-Performance. In the event that the Contractor fails to perform as stipulated in this Contract, and such failure is not for a reason beyond the control of the Contractor, the House may charge the Contractor twice the daily billed amount to the House for the applicable service(s) provided, or in the case of goods, the value of the goods/equipment, multiplied by the number of calendar days of late delivery. The House may also obtain payment equal to the costs incurred by the House to rectify, mitigate and repair the damages caused by the Contractor’s failure to comply and/or perform. The House may obtain performance from another source and charge and collect all administrative costs incurred with entering in to a new contract plus the increase in costs to the House of the new plan, if higher than the billing rate of the non-performing and/or non-compliant Contractor.

c. Other Payments. If the Work Product has not successfully passed an audit pursuant to this Contract, the House or the Client may delay or deny requests or directives for payments to the Contractor for (i) installation of a CMS Package, (ii) the delivery of or support of a workstation or server, (iii) installation of Software, or (iv) any Significant Change,. If the Contractor has not successfully completed a data migration, the House or the Client may delay or deny requests or directives for payments to the Contractor. If the Contractor fails to comply with this Contract or a Client Work Order, the House or the Client may, in addition to any other remedies specified in this Contract, or available under applicable law, delay or deny payment.

d. Extension of Remedies. If the CAO determines that it is in the best interests of the House, the CAO may continue to apply any remedies referred to in this Agreement, whether or not the non-compliance has been cured.

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SECTION G – CONTRACT ADMINISTRATION

G.1 AUTHORIZED HOUSE REPRESENTATIVES APRIL 2013

a. Contracting Officer.

i. Authority. The Contracting Officer is the only person authorized to approve changes under this Contract and, notwithstanding provisions contained elsewhere in the Contract, said authority resides solely with the Contracting Officer.

ii. Unauthorized Changes. Except as specified in paragraph (iv) herein, no order, statement or conduct of personnel of the House who visit the Contractor’s facilities, or in any other manner communicate with personnel of the Contractor during the performance of this Contract, shall constitute a change (in scope, terms, conditions, requirements, pricing and/or delivery schedules) under this Contract. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, that change shall be considered to have been made without authority and no adjustment in price shall be made in the Contract to cover any increase in charges incurred as a result thereof.

iii. Written Authority. The Contractor shall not comply with any order, direction or request of personnel of the House which would constitute a change under this Contract, unless issued in writing and signed by the Contracting Officer, or made pursuant to specific authority otherwise included in this Contract.

iv. Delegation of Authority. The Contracting Officer may delegate certain responsibilities to authorized representatives.

b. Contracting Officer’s Representative.

i. Responsibilities. The COR, appointed in writing by the Contracting Officer, is designated to assist in the discharge of the Contracting Officer’s responsibilities. The responsibilities of the COR include, but are not limited to: (1) determining the adequacy of performance and/or the timeliness of delivery by the Contractor in accordance with the terms and conditions of this Contract; (2) ensuring compliance with the contract requirements insofar as the work is concerned; (3) advising the Contracting Officer and Contracts Specialist of any factors which may cause delays in delivery and/or performance of the work;

and (4) conducting or witnessing the conduct of any inspections and/or tests that may be required by the Contract. The COR does not have the authority to make any changes to the terms, conditions, requirements, pricing and/or delivery schedules of the Contract or direct the Contractor to perform services outside of the scope of the Contract.

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ii. Additional Responsibilities. Additional responsibilities of the COR are as follows: (1) monitor and evaluate contract performance, including preparing Vendor Performance Evaluations; (2) review, approve and process contractor invoices; (3) submit periodic report(s) to the Contracts Specialist; and (4) provide the Contracts Specialist with notification of intent to exercise options or renewals ninety (90) calendar days prior to expiration date.

c. Contracts Specialist. The Contracts Specialist prepares all modifications to this Contract, maintains the official contract file with all reports and other contractual documentation, and responds to contractual inquiries or concerns from the COR or the Contractor on behalf of the Contracting Officer.

G.2 AUTHORIZED CONTRACTOR REPRESENTATIVES APRIL 2016

The ACR serves as the Contractor’s liaison between the Contractor and the COR. The ACR shall provide periodic status reports to the COR pursuant to the clause titled, “Reports / Plans / Schedules” of this Contract. All status reports, schedules and invoices must be approved by the COR in accordance with the terms and conditions of the Contract. The Contractor shall provide the name of the ACR to the House upon submission of a proposal and notify the House of any subsequent changes.

a. The Contractor hereby designates the following individual as the point of contact to the CAO for any questions or issues relating to security:

Name: __________________________ E-mail:__________________________ Phone: __________________________ Facsimile: ________________________

b. The Contractor hereby designates the following individual as the point of contact to the CAO for any technical questions or issues:

Name: __________________________ E-mail: __________________________

Facsimile: ________________________

c. The Contractor hereby designates the following individual as the point of contact to the CAO for any business questions or issues:

Name: __________________________ E-mail:__________________________

Facsimile: _______________________

G.3 DELEGATION OF AUTHORITY APRIL 2013

The parties to this Contract, in their discretion, may delegate to representatives within their respective organizations any of their administrative functions in connection with this Contract, but may not absolve themselves of accountability for performance of said functions. All delegations of authority by the Contractor to fulfill the obligations of this Contract will be made in writing to the Contracting Officer.

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G.4 POST AWARD CONFERENCE APRIL 2013

A post award conference will be held with the Contractor to review contract administration issues; unless the House and the Contractor determine that such a conference is not necessary.

G.5 INVOICES DECEMBER 2014

a. Invoice Information. A proper invoice shall minimally include all of the information required by Section 5.3 of the Statement of Work.

b. [reserved]

c. Submissions. Invoices for goods, equipment and services shall be submitted by e-mail or facsimile to the point of contact specified in the Contract.

d. Discounts. For services and goods (other than equipment), any cash discount period will be computed from the date the invoice is received. For equipment, any cash discount period will be computed from the date/time stamped on the EIN form.

e. Follow-up Invoices. All follow-up invoices shall be marked “Duplicate of Original” on all pages. Any questions from the Contractor regarding payment information or check identification should be directed to the COR for follow-up with appropriate financial personnel.

f. Taxes. The House is exempt from all direct taxes, including any sales and use taxes.

g. Freight. In general, all freight, shipping and handling charges are the responsibility of the Contractor. Unless expressly included and itemized in the Contract, no charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fee, permits, cost of bonds or for any other purpose will be paid by the House.

h. Equipment Installation Notice. No payment for equipment (i.e., goods/items with a serial number) will be made unless an EIN form, complete with serial numbers, or other commonly used Product Identification Numbers of delivered equipment, maintenance information and signature of the Member, Chairperson or Officer in the office receiving the equipment, is provided to the CAO Central Receiving. The installation date, warranty period and maintenance start date, if applicable, will commence on the CAO time stamp date which appears on the EIN form, regardless of the actual installation date.

i. The Client shall pay the Contractor all fees in accordance with the applicable Client Work Order and the Contract. The Contractor shall not (i) bill the Client or hold the Client liable for any charges or expenses other than those stated and expressly authorized in this Contract or a Client Work Order, or (ii) request payment for Technology Services not yet rendered to the Client. Notwithstanding the applicable provisions in the Statement of Work, the Contractor may request advance payments for software licenses and maintenance fees. The Contractor may request advance payments for CMS Services one (1) month in advance. Such advance payments must comply with the requirements set forth in the Members’ Congressional Handbook and the Committees’ Congressional Handbook. Advance payments are not permitted for custom services. If the Contractor (A) is not in compliance with this Contract and the applicable Client Work Order, and/or (B) does not have “Good Standing Status” as referenced in the Statement of Work, the CAO or the Client may delay or deny a request for payment for Technology Services until the applicable issue is remedied.

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G.6 REMITTANCE ADDRESS APRIL 2013

a. Electronic Funds Transfer. The Debt Collection Improvement Act of 1996 requires that federal agencies pay recipients by EFT. To enable the House to send payments electronically to the Contractor’s financial institution, the Contractor must first complete an EFT enrollment form to provide a signature and certain information regarding the financial institution. Please visit the House’s website at www.house.gov for appropriate forms or call the EFT Help Line at 202-226-2277.

b. Address. The Contractor shall identify the address to which payments shall be made, if different from that of place of business. Payments are to be mailed to:

G.7 REPORTS / PLANS / SCHEDULES APRIL 2013

All reports, plans, schedules and other submittals required to be submitted by the Contractor to the House under this Contract are subject to approval by the Contracting Officer, or, if authorized by the Contracting Officer, the approval of the COR.

a. Approval. Until the Contractor’s required submissions are approved by the Contracting Officer (or the COR, if authorized), the Contractor’s performance will continue to be governed by the Contractor’s previously approved submissions, or as directed by the Contracting Officer (or the COR, if authorized).

b. Minimum Information. At a minimum, the performance summary report shall include the following information:

i. reporting period;

ii. the Contractor’s program manager’s name and contact information;

iii. a description of the work accomplished during the reporting period (i.e., new installations, relocations, etc.), including, at a minimum, a list of (1) itemized tasks completed and a description of the support/services utilized; (2) hours/dollars expended by tasks; and (3) task status;

iv. a summary of the anticipated activity for the next reporting period; and

v. a summary of outstanding issues and the proposed solution for said issues.

c. Additional Information. The Contractor shall provide the COR performance summary reports acceptable in content and format. The House may request that the Contractor provide additional information in connection with any performance summary report submitted. If additional information is requested, the Contractor shall provide the COR the requested information within ten (10) calendar days of the request. Failure to submit an acceptable performance summary report may subject the Contractor to penalties for non-performance and/or jeopardize renewal of this Contract.

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d. Timeframes. The Contractor’s on-time submission of the required deliverables is critical to the overall successful performance of the Contract. The reports shall be submitted as requested by the COR.

G.8 CONTRACT STATUS AND REVIEW MEETINGS APRIL 2013

The COR, the Contracts Specialist and the Contractor’s ACR shall meet at least quarterly, or more frequently, as determined necessary by the COR. The purpose of the meetings is to review the performance summary reports, performance evaluations, current/outstanding issues and provide the Contractor with any House-related informational materials. The House will use these meetings as a tool to monitor the Contractor’s performance and to address and resolve potential problems, which will increase the likelihood of successful Contract performance.

G.9 RESOLVING CONTRACT PERFORMANCE ISSUES APRIL 2013

a. Notification. The Contractor shall immediately bring all performance issues to the attention of the COR.

Likewise, the COR shall immediately bring all real or apparent performance issues to the attention of the Contractor. These issues will be documented and quickly resolved to the mutual satisfaction of both parties, provided such resolution is within the authority of the COR and in accordance with the terms and conditions of this Contract.

b. Resolution. If an issue cannot be resolved between the Contractor and the COR, or resolution would require a modification to the Contract, the COR will immediately notify the Contracting Officer. The Contracting Officer, with input from the COR, Contracts Specialist and subject matter experts, if necessary, will attempt to resolve performance issues to the mutual satisfaction of both the House and the Contractor.

c. Remedies. If performance issues cannot be resolved to the mutual satisfaction of both the House and the Contractor, the Contracting Officer may pursue any of the remedies provided for under this Contract, up to and including termination of all or part of this Contract.

G.10 DISPUTES DECEMBER 2014

The parties shall deal in good faith and attempt to resolve potential disputes informally. If a dispute persists, the parties shall follow the administrative procedures set forth in the “Disputes” section in the Procurement Instructions for the U.S. House of Representatives, which shall be provided upon request and are described below:

a. Submission of Claim. The Contractor may submit a written claim to the Contracting Officer seeking a final decision. The period for submission of written claims expires six (6) months from the date of completion of the Contract. The Contractor shall proceed diligently with the performance of the Contract and in accordance with the Contracting Officer’s direction during the entirety of the dispute or appeal process. A claim by the Contractor shall be decided by the Contracting Officer, who shall reduce the decision to writing and mail or otherwise furnish a copy of the final decision to the Contractor. The Contracting Officer’s decision on the dispute shall be final unless the Contractor appeals to the Chief Administrative Officer as set forth below.

b. Appeal to Chief Administrative Officer. Within thirty (30) calendar days from the receipt of a Contracting Officer’s final decision, the Contractor may appeal the decision in writing by mail to the Chief Administrative Officer. The Chief Administrative Officer shall review the parties’ positions and issue a final decision on the appeal. The Chief Administrative Officer’s decision on the appeal shall be final unless the Contractor appeals to the Committee on House Administration as set forth below. In connection with any appeal under this clause, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal.

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c. Appeal to Committee on House Administration. Within thirty (30) calendar days of receiving the Chief

Administrative Officer’s final decision, the Contractor may appeal to the Committee on House Administration to the extent the appeal is based on the Contracting Officer’s alleged failure to follow procedural guidelines. No other basis of appeal may be submitted to the Committee on House Administration. If no such appeal is taken, the decision of the Chief Administrative Officer shall be final.

G.11 MODIFICATIONS DECEMBER 2014

No amendment, change or modification to this Contract shall be effective or enforceable unless it is in writing and signed by both parties (except that administrative changes may be effected in writing and signed by the Contracting Officer (as described in the “Change Orders” clause in this Contract)).

G.12 CHANGE ORDERS APRIL 2013

The Contracting Officer may at any time, by written order make changes within the general scope of this Contract in any one (1) or more of the following: (a) drawings, designs or specifications when supplies/equipment to be furnished are to be specifically manufactured for the House in accordance with the drawings, designs or specifications; (b) method of shipment or packing; or (c) place of delivery/performance. If any such change causes an increase or decrease in the cost or, or the time required for, performance of any part of the work under this Contract, the Contracting Officer shall make an equitable adjustment in the contract price, the delivery/performance schedule, or both, and shall modify this Contract. The Contractor must assert its right to an adjustment under this clause within thirty (30) calendar days from the date of receipt of the written order. Failure to agree to any adjustment shall be a dispute under the “Disputes” clause in this Contract. However, nothing in this clause shall excuse the Contractor from proceeding with the Contract as changed.

G.13 TERMINATION DECEMBER 2014

a. Termination for Convenience of the House. The House may terminate, in whole or in part, the performance of work under this Contract for its convenience at any time by providing written notice to the Contractor (“Notice of Termination”). After receipt of a Notice of Termination, and except as directed by the House, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause:

i. stop work as specified in the Notice of Termination;

ii. place no further subcontracts or orders for goods, equipment or services, except as necessary to complete any continuing portion of this Contract;

iii. terminate all subcontracts and orders to the extent they relate to the work terminated;

iv. settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts and orders; and

v. diligently continue to perform any work not terminated.

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b. Payments. Unless otherwise set forth in this Contract, if the Contractor and the House fail to agree on the amount to be paid because of the termination for convenience, the House will pay the Contractor the percentage of the Contract price reflecting the percentage of the work performed prior to the Notice of Termination, plus reasonable termination-related charges the Contractor can demonstrate to the satisfaction of the Contracting Officer using the Contractor’s standard record keeping system. The Contractor will use generally accepted accounting principles that are in accordance with auditing standards promulgated by the International Accounting Standards Board, or accounting principles otherwise agreed to in writing by the parties, and sound business practices in determining all costs claimed, agreed to or determined under this clause. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

c. Termination for Default/Cause. The House may, with written notice of default to the Contractor, terminate this Contract in whole or in part for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any Contract term or condition, or fails to provide the House, upon request, with adequate assurances of future performance. In the event of termination for cause, the House shall not be liable to the Contractor for any amount for goods or services not accepted, and the Contractor shall be liable to the House for any and all rights and remedies provided by law. Generally, after the written notice and prior to terminating this Contract for default, the House will provide the Contractor five (5) calendar days to cure the defective performance; however, if the defective performance results in a breach of information security, substantial harm to the House, or a failure to meet the delivery schedule, the House reserves the right to immediately terminate this Contract for default, without providing the Contractor a cure period. The Contractor shall diligently continue to perform the work not terminated. If it is determined that the House improperly terminated this Contract for default/cause, such termination shall be deemed a termination for convenience. All disputes arising under or related to this Contract shall be resolved under the provisions of this Contract and the procedures set forth in the “Disputes” section in the Procurement Instructions for the U.S. House of Representatives, which shall be provided upon request.

Upon termination (whether for convenience, default, or expiration) the Contractor shall:

1) Surrender all identification/access passes, decals, keys, SecurIDs, Active Directory accounts, House data, etc., issued/provided by the House, for all Contractor representatives and employees on the effective date to COR.

2) Complete satisfactory settlement of all customer complaints and claims.

3) Comply with House requirements designed to ensure a smooth transition to any successor Contractor.

4) Yield up the premises and all House-furnished property, clean and in as good order and condition as when received, damages due to acts of God or the House and ordinary wear and tear excepted, on the effective date.

5) Promptly remove all Contractor-furnished equipment and fixtures, tools and supplies. Upon failure to remove Contractor's property, the CO may cause Contractor's property to be removed and at Contractor's expense. If the Contractor fails to act, this Contract authorizes the CO to take possession of Contractor's property and dispose of same by public or private sale without notice and, out of the proceeds of sale, satisfy all costs and indebtedness to the House.

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G.14 RELEASE OF CLAIMS APRIL 2013

After completion of work, and prior to final payment, the Contractor shall furnish to the Contracting Officer a release of claims against the United States arising out of this Contract, other than claims specifically excepted from the operation of the release.

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SECTION H – STANDARD CONTRACT CLAUSES

H.1 CERTAIN DEFINITIONS FEBRUARY 2016

The definitions contained in Section 2.0 of the Statement of Work shall apply to this contract, except as otherwise provided herein.

“ACR” means the “Authorized Contractor’s Representative.”

“Chief Administrative Officer” means the Chief Administrative Officer of the House.

“Contract” means the agreement resulting from Solicitation OAM16047S, signed by the House and the Contractor.

“Contractor” means the vendor, offeror, company or individual who is awarded the Contract pursuant to this Solicitation.

“COR” means the Contracting Officer’s Representative.

“EFT” means Electronic Funds Transfer.

“EIN” means Equipment Installation Notice.

“equipment” means an item/good with a serial number and with each good/item initially valued at five hundred dollars ($500.00) or higher.

“Government Purpose Rights” means the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights and licenses to use, modify, reproduce, perform, release, display, create derivative works from and disclose the Work Product. “Government Purpose Rights” also include the right to release or disclose the Work Product outside the House for any government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the Work Product for any government purpose.

“Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from or disclose the Work Product for any commercial purpose.

“HIR” means House Information Resources.

“HISPOLS” means House Information Security Policies and has the meaning set forth in the Clause entitled, “Information Security.”

“HISPUBS” means House Information Security Publications and has the meaning…