OAM25035S - House Technology Alliance Program (H-TAP) 0008.pdf
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- USHR - Technology Alliance Program - H-TAP
- Solicitation number
- OAM25035S
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United States House of Representatives
About this file
This is a Request for Proposals (RFP) for the House Technology Alliance Program (H-TAP), a contract to provide technology support services to the U.S. House of Representatives. The solicitation seeks contractors to provide comprehensive technology support across three tiers: Tier 1 Service Desk Representatives, Tier 2 Technical Support, and Tier 3 Expert Support, with approximately 30 total contractors and an additional 25 contractors to support Congressional Transition periods.
The contract will run from the award date through January 2, 2027, with potential extensions up to January 2, 2033. Contractors will provide technology support services including hardware troubleshooting, software support, mobile device management, peripheral support, computer imaging, and other technical assistance for House staff across Washington, DC and district offices. Key requirements include supporting Windows and Mac systems, Microsoft Office 365, antivirus software, and providing on-site and remote technical support. Contractors must have extensive technical expertise, strong communication skills, and the ability to work in a fast-paced environment with executive-level staff. The solicitation emphasizes the importance of maintaining confidentiality, following House information security policies, and providing flexible, responsive support.
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Text version
Solicitation Amend 0008
Document No.:
OAM25035S
Document Title:
House Technology Alliance Program (H-TAP)
Page | 2
TABLE OF CONTENTS
SECTION B - PRICING SCHEDULE 5
B.1. Pricing 5
SECTION C - DESCRIPTION/SPECIFICATIONS/SCOPE OF SERVICES 6
C.1. Introduction 6 C.2. Definitions 6 C.3. SCOPE of Technology service Support 7 C.4. Service Hours and Place of Performance 12 C.5. Response and Resolution Times 12 C.6. Management of Contractor Personnel 13 C.7. Status REPORTING 13 C.8. Confidentiality 14 C.9. Media Control or Sanitization 15 C.10. Remedies 16 C.11. Miscellaneous 16 C.12. Additional Security Requirements Error! Bookmark not defined.
SECTION D - PACKAGING AND MARKING 17
D.1. PAYMENT OF POSTAGE AND FEES 17
D.2. PACKAGING AND MARKING 17
SECTION E - INSPECTION AND ACCEPTANCE 18
E.1. Inspection 18
E.2. ACCEPTANCE 18
E.3. TITLE / TRANSFER / RISK OF LOSS 19
SECTION F - DELIVERIES OR PERFORMANCE 20
F.1. Period of Performance 20 F.2. Option to Extend the Term of the Contract 20 F.3. Place of Performance 20 F.4. Notice to the House of Delays 20 F.5. Suspension and Debarment 20 F.6. Payment for Non-Performance 23
SECTION G - CONTRACT ADMINISTRATION 24
G.1. Authorized House Representatives 24 G.2. Authorized Contractor Representative (ACR) 25 G.3. Delegation of Authority 25 G.4. Post Award Conference 25 G.5. Invoices 25 G.6. Remittance Address 26 G.7. Reports / Plans / Schedules 26 G.8. Contract Status and Review Meetings 27
G.9. RESOLVING CONTRACT PERFORMANCE ISSUES 27
G.10. DISPUTES 27
G.11. Modifications 28 G.12. Termination 28 G.13. Release of Claims 29
SECTION H - STANDARD CONTRACT CLAUSES 30
H.1. contract type 30 H.2. Availability of Funds 31 H.3. SySTEM FOR AWARD MANAGEMENT 31 H.4. Insurance 31
H.5. FEDERAL TORT CLAIMS ACT 32
H.6. EXCUSABLE DELAYS 32
H.7. Warranty 32 H.8. substitutions 33
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H.9. Buy American 33 H.10. most favored customer pricing 34 H.11. House Rules AND REGULATIONS 34 H.12. Compliance with Laws 34
H.13. HOUSE INFORMATION 34
H.14. INFORMATION SECURITY 35
H.15. NON-DISCLOSURE AGREEMENT 35
H.16. protection of CONTRactor proprietary data 35 H.17. examination and audit 36 H.18. limitation of liability AND INDEMNIFICATION 36 H.19. non-exclusivity of rights and remedies 36
H.20. FLOWDOWN AND SUBCONTRACTORS 37
H.21. E-VERIFY 37
H.22. BACKGROUND CHECKS 38
H.23. Identification Badges 39 H.24. key personnel 39 H.25. AUTHORIZED USE BY OTHER LEGISLATIVE Entities 40
H.26. COVENANT AGAINST GRATUITIES 40
H.27. CONFLICTS OF INTEREST 40
H.28. ADVERTISING/PROMOTIONAL MATERIALS 41
H.29. Incidental Services, Travel and OTHER Expenses 41 H.30. severability 41 H.31. Assignment 41 H.32. Order of Precedence 41
H.33. SAFETY AWARENESS 42
H.34. WAIVER OF RIGHTS 42
H.35. PRIVACY AND CONFIDENTIALITY 42
H.36. WORKPLACE RIGHTS & RESPONSIBILITIES POLICIES AND TRAINING 43
H.37. US FEDERAL GOVERNMENT HOLIDAY SCHEDULE JULY 2021 43
SECTION I - SPECIAL CONTRACT CLAUSES 44
I.1. Rights in NEW Work product 44
I.2. SOFTWARE ESCROW 44
I.3. software license warranty 44 I.4. system/solution warranties 45 I.5. intellectual property indemnity 45 I.6. DOCUMENTATION for software and equipment 46
I.7. SOFTWARE VERSIONS 46
I.8. USE OF HARDWARE OR SOFTWARE MONITORING 47
I.9. technology enhancement 47
I.10. SELF-HOSTING OPTION 47
I.11. service level agreements 48 I.12. MEDIA SANITIZATION – Fax and Copy Machines 48
I.13. REMOVED 49
I.14. QUALITY aSSURANCE SURVEILLANCE pLAN 49
I.15. VENDOR PERFORMANCE EVALUATION 49
I.16. CONSTITUTIONAL PROTECTION AGAINST COMPELLED DISCLOSURE 49
SECTION J - ATTACHMENTS 50
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS 51
K.1. Financial Information 51 K.2. Insurance Information 51 K.3. Company Background and identifying information 51 K.4. Quality ASSURANCE Information 51
K.5. RESPONSIBILITY CERTIFICATION 51
K.6. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION 52
K.7. Authorized Company Officials 53
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K.8. ORGANIZATIONAL CONFLICTS OF INTEREST 53
K.9. General Services Administration Schedule Contract or Government-Wide Acquisition Contract Certification 53
K.10. SYSTEM FOR AWARD MANAGEMENT 54
K.11. CERTIFICATION OF TRAINING 54
K.12. Signature 54
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS 55
L.1. Content of Proposals 55 L.2. Submission OF PROPOSALS 56 L.3. Late Submissions and Revision of Proposals 57 L.4. Acknowledgement of Amendments to Solicitations 57 L.5. Information Distribution and Contacts 57 L.6. Restriction on Disclosure and Use of Data 58
SECTION M - EVALUATION FACTORS FOR AWARD 59
M.1. Evaluation Factors for Award 59
M.2. BASIS FOR AWARD 60
M.3. Contract Award 60
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SECTION B - PRICING SCHEDULE
B.1. PRICING
Pricing shall be submitted in a format that presents any and all costs to perform the tasks requested in this RFP. The House reserves the right to standardize this price format at any time after the issuance of the RFP, including after the RFP closes, if it is required to determine the competitive range. A request to provide standardized pricing DOES NOT indicate inclusion in the competitive range.
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SECTION C - DESCRIPTION/SPECIFICATIONS/SCOPE OF SERVICES
C.1. INTRODUCTION
The Office of the Chief Administrative Officer (“CAO”) House Information Resources (HIR) is seeking contractor support to provide Technology Service Support to staff of the U.S. House of Representatives (“House”) in both Washington, DC and district offices. The House environment is composed of 441 Member offices and over 50 Committee, Leadership, and support offices. There are approximately 16,000 staffers of the House and approximately 950 district offices across the United States and Territories.
C.2. DEFINITIONS
As used in this Statement of Work, the following definitions apply:
“ACOR” means the Alternate Contracting Officer’s Representative (see, especially, Section G.1(b) of the Contract).
“CAO” means the Office of the Chief Administrative Officer of the U. S. House of Representatives.
“CMS Contractor” means a Contractor authorized to provide Correspondence Management System (CMS) Services.
“Congressional Transition” means the period of time between the election of Members of the House in November of an election year, and/or the certification of the results in a special election, to the swearing-in ceremony in January of the subsequent year, and/or the swearing-in ceremony of a Member elected in a special election.
“Contract” means the Contract with each Company resulting from Solicitation Number OAM25035S, by and between the Company and the House.
“Contractor” refers to the individuals providing staff augmentation or contractor support services under this RFQ. The Contractor will deliver technology support services as specified in the Statement of Work (SOW).
“COR” means the Contracting Officer’s Representative (see, especially, Section G.1(b) of the Contract).
“Customer” refers to House staff or the Client.
“House” means the United States House of Representatives.
“House Seal” shall mean the seal of the U.S. House of Representatives that the Clerk of the House affixes to all writs, warrants and subpoenas issued by order of the House.
“HouseNet” means the U.S. House of Representatives intranet.
“Member” means a representative, delegate or resident commissioner of the House.
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“Technology Services” means Maintenance Services and/or Systems Administration Services. Technology Services does not include Web Services.
C.3. SCOPE OF TECHNOLOGY SERVICE SUPPORT
This Statement of Work (or “SOW”) defines the scope, objectives, and deliverables for the provisioning of Technology Support Services. These services include system maintenance and system administration to ensure optimal performance, security, and a reliable IT Infrastructure in support of Member, Committee, Leadership, or other House offices.
Scope
The Office of IT Customer Solutions Directorate (ITCS) is seeking qualified contractor support to provide Technical Support Operations in alignment with the functional and technical requirements as described herein.
ITCS provides a comprehensive range of Tier 1, 2, and 3 end-user technology support services to House Members, Committees, Leadership Offices, CAO Business Units, and staff. A key strength is our team’s ability to effectively support users of current technology products and services within the House environment.
This capability requires ITCS to have adequate staffing to ensure requests from House staff needing technical assistance are responded to and addressed within established service level agreements (SLAs). Our goal is to guarantee the continued operations of the computers, mobile phones, and systems used to conduct House business.
The tiered support structure aligns with ITIL (Information Technology Infrastructure Library) best practices as follows:
Tier 1 (Service Desk) – ITIL: First-Line Support, Tier 2 (Technical Support) – ITIL: Second-Line Support, and Tier 3 (Expert Support) – ITIL: Third-Line Support.
The requested support includes:
1) Augmentation of Existing Technical Team: Tier 1, 2, and 3 contractors to augment House staff.
Contractors will be an extension of and will work closely with an existing ITCS team.
Tier 1 Technology Support Services:
Tier 1 contractors are the first level of IT support, typically handling basic customer issues and troubleshooting. Tier 1 support is managed through the Call Center and operates 24x7 in a hybrid model, with an onsite presence required and some remote flexibility. The House has one location in Washington, located in the DC Metropolitan area. The Call Center Tier 1 Representative should be able to handle on average 50 tickets weekly.
Tier 2 and 3 Technology Support Services:
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2) Tier 2 contractors handle more complex technical issues which cannot be resolved by Tier 1. These specialists have extensive technical expertise. Tier 2 and 3 contractor personnel support surge events such as Congressional Transition, which occurs on a two-year cycle.
3) Scalability and Advanced Support: Capability to scale support initiatives and projects requiring Tier 2 and 3 support within 30 days, as directed by the House.
4) Nationwide Support: Capability to provide logistic support and onsite Tier 2 and 3 technical support for offices outside the Washington, DC, metropolitan area under a Nationwide IT Support contract, including support for inventory control and asset management processes.
The contractor(s) will provide end-user support for technology related services such as:
• end-user hardware troubleshooting
• software support (including Windows and Mac OS, antivirus and Microsoft Office 365)
• mobile device ordering, configuration and apps installation
• peripherical support, e.g. printers, headphones, USB cameras
• computer/laptop imaging
• computer/laptop disconnect/reconnect
Responsibilities
Contractors will provide administrative and technical support services to House staff.
Administrative services to a House staff shall include the following: (a) maintaining an inventory of computer hardware and software; (b) tracking computer lease and software licensing and maintenance agreements; (c) maintaining a log of internal office services performed, external services requested, and work hours; (d) ensuring that House staff have the necessary computer equipment to function efficiently; (e) providing computer assistance and training to the House staff; (f) coordinating schedules to ensure Technology Services are provided to meet the staff’s needs and requirements; (g) notifying House staff of any system problems, scheduled maintenance, upgrades, and downtime; (h) notifying the House of any network problems; (i) maintaining local and network user accounts and permissions; (j) coordinating with the Maintenance Contractors, other House support teams and CMS Contractors during Congressional Transition activities; and (k) any other administrative services that may be reasonably expected under this task.
Technical services to House staff shall include the following: (a) troubleshooting network, workstation and peripheral problems; (b) performing additional maintenance to update computer systems with the collaboration of the Maintenance Contractor as required; (c) installing software supported by the House, (d) supporting, installing and reassigning smartphones, tablets, and other mobile devices; (e) adding, changing, or deleting user profiles or configuration files on workstations and servers; (f) adding, changing, or deleting user accounts; (g) addressing and remediating violations identified by Cybersecurity; (h) ensuring House antivirus software is running on the device; (i) troubleshooting workstation operating systems and application problems suspected to be caused by a virus; (j) repairing damage caused by viruses and other malicious code, including coordinating the reimaging of workstations when deemed necessary; (k) coordinating resolution of software application configuration problems with the House, the CMS Contractor and/or the Maintenance Contractor; (l) supporting, installing, and relocating office peripherals; (m) performing printer
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Competencies & Requirements
Tier 1 Technology Support Services
Contractors designated for the IT Service Desk Representative role must possess the technical expertise, communication skills, and customer service orientation necessary to support a dynamic IT service environment. This includes supporting Commercial Off-The-Shelf (COTS) software, Windows PCs, Mac systems, mobile devices (smartphones/tablets), printers, and multifunction devices.
General Competencies & Technical Requirements:
• Ability to configure and troubleshoot COTS software and hardware, including PCs, Macs, mobile devices, printers, and peripherals.
• Intermediate to advanced knowledge of Windows, macOS, iOS, and Android operating systems.
• Foundational understanding of physical, network, and application layers; familiarity with TCP/IP tools and protocol commands to resolve technical issues.
• Excellent customer service and communication skills, with a professional demeanor in interactions with executive-level staff and management.
• Ability to operate effectively in a fast-paced environment and meet tight deadlines.
• Demonstrated proficiency in business and systems analysis to identify, understand, and resolve user issues.
• One (1) year minimum experience supporting:
o macOS o Remote access tools (e.g., Cisco AnyConnect) o VPN and secure remote connectivity (RSA SecurID experience preferred)
• Three (3) years minimum experience in:
o IT Call Center environments o Active Directory user and account administration o Supporting Microsoft Windows 10 and Office 365 applications o Supporting mobile operating systems (iOS, Android) o Supporting Microsoft Office 365 Pro Plus, SharePoint, and Exchange Online
• Experience with Mobile Device Management (MDM) tools such as JAMF, Apple Business Manager (ABM), Workspace ONE, or Intune.
• Five (5) years minimum experience with Incident, Change, or Knowledge Management systems (i.e.
BMC Helix (Remedy))
Additional Qualifications:
• Be self-motivated to work supervised and unsupervised as needed.
• Related IT certifications preferred but not required
• Related College degree preferred but not required
• ITIL qualification preferred but not required
• M365Certification preferred but not required
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Tier 2 and 3 Technology Support Services (in addition to all of the above competencies & requirements)
• Five (5) years of advanced-level experience with Windows, macOS, iOS, and Android operating systems.
• Five (5) years of Active Directory user and account administration.
• Five (5) years of experience supporting Microsoft Windows and Office 365 applications.
• Three (3) years of experience supporting clients using remote access software.
• Three (3) years of experience supporting remote connectivity (VPN).
• Ability to lift up to 50 pounds of equipment as needed for on-site hardware support.
• Tier 3 contractors shall also have advanced PowerShell and Power BI skills.
Preferred Qualifications (Not Required):
• CompTIA Certification (e.g., A+, Network+, Security+)
• M365 Certification
• ITIL Foundation Certification
• Relevant college degree in IT or related field
• Other industry-recognized IT certification
Description of Work
Tier 1 Technology Support Services
The IT Service Desk Representative will operate within a Call Center environment, providing support to House office staff located on primary offices on campus in DC, as well as nationwide across state and district offices. This role involves assisting users with the installation and usage of House supported software and systems, including messaging clients, word processors, web browsers, antivirus software, HIR-developed applications, and remote access tools such as RSA SecurID and VPN.
Primary Responsibilities:
• Deliver a high level of customer service on all support calls and consistently adhere to defined Quality Standards.
• Provide Tier 1 front-line support via phone, live chat, remote desktop tools, and, when necessary, on-site visits.
• Support the installation, configuration, and use of various application software.
• Offer mobile device support for Android and iOS platforms.
• Assist in the development of user documentation and installation procedures.
• Provide technical assistance ranging from general system information to in-depth configuration and problem resolution.
• Disseminate “Alert” notifications using multiple communication channels, including voicemail, web platforms, newsgroups, and email.
• Maintain and update a knowledge base of all supported software, as well as a general understanding of supported hardware and communication tools.
Additional Expectations:
• Demonstrate a willingness to learn and retain knowledge of all House-supported hardware and software, cloud-based products, and internal policies.
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• Participate in HIR projects and initiatives as needed.
• Serve as an escalation resource for advanced-level support issues.
• Act as a technical subject-matter expert and solution provider for internal Tier 2 support.
• Collaborate closely with internal groups to support and maintain current technology platforms.
• Coordinate with external vendors to troubleshoot and resolve issues effectively.
• Escalate and consult with senior engineering staff for the resolution of complex technical problems.
• Perform other official duties as assigned.
Tier 2 and 3 Technology Support Services
In addition to Tier 1 responsibilities, Tier 2 and Tier 3 Support personnel will provide advanced on-site technical support services, including direct interaction with executive-level staff and office leadership. These services are essential for resolving complex technical issues, performing installations, and maintaining optimal system functionality across House offices.
Primary Responsibilities:
• Provide professional, high-level technical support to executive customers and management, particularly in urgent or emergency situations.
• Deliver on-site support for mobile devices, hardware installation, software configuration, and troubleshooting.
• Assist House offices in installing, configuring, and using House-supported software and applications.
• Decommission devices by wiping Macs, iPhones and iPads.
• Contribute to the development of user-facing documentation and installation guides.
• Maintain and expand a comprehensive knowledge base of commonly used software, hardware, and accessories (e.g., USB cameras, conferencing peripherals used with Microsoft Teams, etc.).
• Offer consulting services to House offices on best practices, system usage, and technology recommendations.
• Act as an escalation point for resolving complex end-user issues requiring advanced technical expertise.
• Perform user data migration tasks upon request, ensuring data integrity and security.
• Create and deploy system images for computers and laptops to streamline setup and deployment processes.
• Perform mobile device and endpoint management console support (AirWatch, BigFix, Apple Business
Manager, Workspace ONE, Intune, Jamf).
• Configure workstations to meet user requirements, including profile setup, printer configuration, dual monitor setups, and other peripheral installations as needed.
• Use PowerShell and Power BI to create custom reports as needed
• Use PowerShell to automate maintenance processes as needed.
Additional Expectations:
• Collaborate effectively with cross-functional teams and external vendors to resolve hardware and software issues.
• Demonstrate flexibility and responsiveness in a fast-paced, customer-focused environment.
• Perform other official duties as assigned.
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The total number of contractors will be approximately thirty (30):
Tier 1 – up to ten (10) Tier 2 – up to fifteen (15) Tier 3 – up to five (5)
The total number of additional contractors to support the Congressional Transition periods will be approximately twenty-five (25):
Tier 1 – up to fifteen (15) Tier 2 – up to five (5) Tier 3 – up to five (5)
C.4. SERVICE HOURS AND PLACE OF PERFORMANCE
a. “Normal business hours” shall mean the hours between 8:00 AM and 6:30 PM (EST) on Mondays through Fridays, except holidays observed by the House. “After hours” shall mean the hours before 8:00 AM and after 6:30 PM (EST) on Mondays through Fridays, excluding holidays observed by the House. “Holiday or weekend hours” shall mean the hours on Saturdays, Sundays and holidays observed by the House. Other types of service hours and/or emergency service hours may be set by the COR (ACOR). The contractor must obtain written approval from the COR (or ACOR) prior to commencement of work performed after hours, or during holiday or weekend hours.
The Technology Service Desk operates 24/7; therefore, contractors supporting Tier 1 Technology Support
Services are required to work on a rotating shift schedule to ensure continuous coverage.
Contractors supporting Tier 1 and 2 Technology Support Services typically work shifts between normal business hours.
During the Congressional Transition, Tier 2 and 3 Technology Support hours will be adjusted from normal business hours to align with and support organizational activities occurring during that period.
C.5. RESPONSE AND RESOLUTION TIMES
Services Conducted in District Offices
The Contract shall provide for Tier 2 and 3 technology service and/or support to House offices outside of Washington, DC (district office).
C.5.1.1. Response Times
a. The Contractor shall provide an appropriately qualified contractor to contact the COR (ACOR) within one
(1) hour of notification.
b. The Contractor shall ensure arrival onsite within four (4) hours of the initial notification, unless otherwise specified.
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C.5.1.2. Resolution Times
Contractors shall work collaboratively with DC and district full-time employees (FTEs), either remotely or in person, to resolve customer issues. While resolution times may vary based on issue complexity, the Contractor is expected to resolve most issues within eight (8) business hours from the time of the initial response, unless additional time is required and approved by the COR (ACOR).
Summary of Contractor Response and Resolution Times
Action/Response Time to Customer District Office Initial Contact 1 hour Arrival On-site within 4 hours Resolution Time within 8 hours
Action/Response Time to Customer DC Initial Contact 1 hour Arrival On-site within 4 hours Resolution Time within 8 hours
C.6. MANAGEMENT OF CONTRACTOR PERSONNEL
a. The Contractor must comply with the badge procedures outlined in all applicable policies and publications of the House.
C.7. STATUS REPORTING
Meetings
a. The COR (ACOR) and authorized representatives of the Contractor shall meet at least once a month.
Upon mutual agreement between the COR (ACOR) and the Contractor, such meetings will be either in-person or via conference call. Any meeting changes shall require notification to the Contractor and the COR (ACOR). The purpose of such meetings will be to review current or outstanding issues and to provide information to the Contractor. If the COR (ACOR) requests a meeting with the Contractor, the Contractor must respond to the COR (ACOR) within 1 hour or contact and meet with the COR (ACOR) that business day within 4 hours.
b. Changes in Standards Issued by the House. The House shall provide reasonable notice to the Contractor of changes in the standards that are issued by the House listed in this Section C.11, except for changes the House’s Chief Information Security Officer must make in exigent circumstances. Changes in the standards that are issued by the House listed in this Section C.11 will take effect immediately or as they themselves provide. Changes the House’s Chief Information Security Officer must make in exigent circumstances shall take effect immediately and the House shall provide reasonable notice to the Contractor of those changes after they take effect.
Reports
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a. Reporting Requirements. The Contractor shall keep the House apprised of the status of work performed under this Statement of Work. The Contractor shall provide reporting in a mutually agreed upon format and frequency with the COR.
b. Changes to Reporting. Any changes to agreed upon format may be requested by the Contractor to the COR. The COR may request additional information and the Contractor shall have any changes implemented prior to the next status meeting.
Quality Assurance
a. Quality Assurance Plan. The Contractor shall have a quality assurance plan to ensure work is accomplished within timeframes and at a quality level described in this Statement of Work.
b. Requested Format. The Contractor shall provide reporting as described in this Statement of Work.
C.8. CONFIDENTIALITY
a. General. During the term of the Contract, Contractor must not disclose to any other person or entity any “Confidential Information” obtained from the House or in connection with delivery of the Technology Services. “Confidential Information” means: (i) all information related to the Contract, the House, the Client, the CAO, and all information collected, processed or otherwise accessed by Contractor in performing under the Contract, and any data or information collected in connection with delivery of the Technology Services and (ii) all other information that is identified (orally or in writing) as confidential or of such a nature that a reasonable person would understand such information to be confidential to the House, the Client and/or the CAO. Confidential Information shall not include information: (A) generally known to the public; (B) already known, through legal means, to the party receiving the information; (C) legally obtained from a third party; or (D) required to be disclosed under applicable law, regulation, or final order of any governmental or regulatory authority or court having jurisdiction over Contractor, the House or the Client, subject to the restrictions and procedures set forth in subsection (c), below.
b. Non-Use and Non-Disclosure of Confidential Information. Contractor shall not, except as required by judicial order or governmental laws or regulations and subject to the procedures set forth in subsection (c), below, during or subsequent to the term of the Contract: (i) use Confidential Information for any purpose whatsoever other than the performance of Contractor in providing the services or (ii) disclose Confidential Information to any third party. It is understood that Confidential Information shall remain the sole property of the House and/or the Client. Contractor shall take all reasonable precautions to prevent any unauthorized use or disclosure of Confidential Information. To the extent Contractor feels it needs to disclose Confidential Information, it may do so only after obtaining written authorization from the Contracting Officer. Contractor shall notify the COR and the Client immediately in the event of any loss of or unauthorized access to Confidential Information and shall use all efforts to mitigate the effect of such loss and to recover all Confidential Information.
c. Constitutional Protection Against Compelled Disclosure. Contractor understands that Confidential Information obtained from the Client, the CAO, or the House may include information, documents, legislation, and correspondence protected absolutely from compelled disclosure by the U.S.
Constitution’s Speech or Debate Clause, U.S. Const. Art. I, §6, cl. 1. In the event that Contractor receives any request of any third party, private party, governmental agency, or regulatory body (including but not limited to subpoenas, warrants, or court orders) (“Request”) for disclosure of Confidential Information, Document No.:
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Contractor must notify the Client, CAO, and the U.S. House of Representatives Office of General Counsel by phone (202-225-9700) and email (ogc@mail.house.gov) within three (3) Business Days upon receipt of the Request (providing such notice is not prohibited by applicable law). Regardless of whether the issuer of the Request contends that such notification is prohibited by law, Contractor must also immediately notify the issuer of the Request that the requested Confidential Information may be absolutely protected from compelled disclosure by the U.S. Constitution’s Speech or Debate Clause, U.S. Const. Art. I, §6, cl. 1, and that the issuer must immediately contact the U.S. House of Representatives, Office of General Counsel (202-225-9700/ogc@mail.house.gov).
d. Return of Confidential Information. Upon the request of the House and/or the Client, or in any event promptly upon the termination of the Contract (or the applicable Task Order), all Confidential Information made available hereunder, including copies thereof, shall be returned or, if directed or permitted by the House and/or the Client, destroyed, and Contractor shall certify that it does not retain such Confidential Information.
C.9. MEDIA CONTROL OR SANITIZATION
a. Definitions. The definitions of “destroying” and “purging” as used in this Section C.14 shall adhere to the descriptions listed in the most recent version of the National Institute of Standards and Technology’s Guidelines for Media Sanitization. “Purging” shall include degaussing, when applicable.
b. Temporary Removal of Equipment/Media. For any equipment that is removed temporarily from the House or the Client for any purpose (including de-install/re-install, repair or parts replacement, troubleshooting or staging), Contractor shall secure equipment data at all times for any equipment containing hard drives (internal or external), server hard drives, USB sticks (flash drives with and without hard drives), memory sticks, CD and DVD data discs, and any other media containing data. Contractor agrees to secure equipment data at all times, for purposes of temporary removal from the House or the Client, by ensuring that: (i) all documents and media, including removable magnetic media, relating to the equipment remain in Contractor’s possession and control at all times; (ii) any distribution of such equipment and media by Contractor to third parties for maintenance is limited to vendors: (A) authorized by Contractor in a contractual arrangement that provides for the confidentiality of any Confidential Information (as defined below), and (B) with a clearly defined need to access the information; and (iii) printed documents and media are not to be visible by anyone who is not authorized to view the data.
c. Permanent Removal or Disposal of Equipment/Media. For any equipment that is permanently removed and/or disposed from the House or a District Office for any purpose, Contractor shall secure equipment data at all times for any equipment containing hard drives (internal or external), server hard drives, USB sticks (flash drives with and without hard drives), memory sticks, CD and DVD data discs, and any other media containing data. Contractor agrees to secure equipment data at all times, for purposes of permanent removal and/or disposal from the House or the Client, by ensuring that: (i) all documents and media, including removable magnetic media, relating to the equipment remains in Contractor’s possession and control at all times; (ii) printed documents and media are not to be visible by anyone who is not authorized to view the data; (iii) for internal and external hard drives, server hard drives and USB sticks (flash drives with hard drives), all electronic data is purged/degaussed and/or physically destroyed; and (iv) for USB sticks (flash drives without hard drives), memory sticks, and CD and DVD data discs, all such items are physically destroyed.
mailto:ogc@mail.house.gov mailto:ogc@mail.house.gov
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C.10. REMEDIES
a. General. If the Contractor fails to comply with: (i) the Contract; (ii) policies, rules, and regulations of the House; or (iii) take the necessary action to ensure future performance in compliance with any of (i) or (ii) in this Section C.10(a), 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 to the Contractor. The CO may also require the Contractor to compensate the Client or the House for any costs incurred by the House or Client in ensuring that the work is performed in compliance with the Contract, either by requiring the Contractor to arrange for a replacement of the Contractor to perform the services at no additional cost to the House or the Client, or by acquiring such services from another contractor in compliance with the Contract and charging the difference to the Contractor.
b. Certain Uncontrollable Events. Notwithstanding any of the foregoing statements in this Section C.15, a party shall not be liable for damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its reasonable control (but excluding delays caused by employees, agents or subcontractors of the Contractor), including a lapse in funding of appropriations for the House.
C.11. MISCELLANEOUS
a. Recommendation of Cloud Services. The Contractor shall not recommend to an Office the use of Cloud services not authorized for use by the Committee on House Administration, as described in HISPOL17. A list of authorized services is available on the Cloud Services HouseNet page.
b. Use of Personal Devices. The Contractor shall not recommend to an Office the use of personal devices for accessing House systems or CMS.
c. External Gateways. External gateways must be accessed from the House’s Virtual Private Network (VPN).
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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.
a. 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 http://www.house.gov/content/vendors under the Additional Resources tab. 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.
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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 is estimated to extend from the date of contract award through January 2, 2027. If all options are exercised per clause F.2 the potential end date is January 2, 2033. Actual award date shall be inserted in the award documents.
F.2. OPTION TO EXTEND THE TERM OF THE CONTRACT
APRIL 2013
a. Extension. The House may extend the term of this Contract up to three times for a period of 24 months each.
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 8 years.
F.3. PLACE OF PERFORMANCE APRIL 2013
Generally, Capitol Hill House Office Buildings in Washington, D.C. or Washington Metropolitan area and area District Offices located across the United States.
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.
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;
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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
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.
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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”), 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 as excluded on SAM 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.
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