Attachment_F_Statement_of_Work.pdf
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- Attached to
- Leased Vehicles
- Solicitation number
- OAS-COO-S-15-0001
- Issued by
-
Executive Office of the President
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Attachment F Statement of Work
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ATTACHMENT F
1. Scope
The Executive Office of the President (EOP) intends to lease vehicles to support official business needs of its components. All vehicles provided under this contract shall be new current models for calendar year 2015 or the calendar year of the contract period of performance or as mutually agreed upon by both parties, and shall be provided with unlimited mileage. The Government reserves the right to keep a vehicle longer than one year in order to meet Government needs and requirements. In the past, the Government has typically renewed one year vehicle leases, leasing the same vehicle for three years or more. The Government intends to lease regular fuel, alternative and diesel fuel, and hybrid vehicles as a result of the RFQ.
2. Type of Contract
a. The Government anticipates the award of a Firm-Fixed Price Indefinite
Delivery/Indefinite Quantity (IDIQ) type contract.
b. The minimum total number of vehicles leased under this contract is one. The Government estimates the maximum at 75 vehicles; however, there is no guarantee this number of vehicles will be ordered.
c. This IDIQ allows for multiple year or multi-year orders. When relevant, appropriate FAR
Clauses will be added to the individual delivery orders.
3. Multiple Contract Awards
The Government reserves the right to make multiple contract awards if it is in its best interest.
Award will be made by line item, but multiple awards will not be made for the same individual line item. Each line item will be awarded to a single contractor, and all line items may or may not be awarded to a single contractor.
4. Authority to Issue Orders
The Executive Office of the President, Office of Administration, Office of Chief Financial
Officer, Procurement and Contract Management Division, is the only organization authorized to place orders under this contract.
a. Ordering Procedures
Orders shall be placed in accordance with FAR 16.5 Indefinite Delivery Contracts.
b. Accounting and Appropriation Data
The Government will provide the accounting and appropriation data on each order.
c. Delivery Order Ombudsman
The agency delivery order ombudsman is Althea Kireilis, Contracting Officer, 202-395-7646, akireilis@oa.eop.gov.
5. Energy Efficient Vehicles and Definition
“Energy Efficient Vehicles” means Alternative Fuel Vehicles (AFVs) as defined in 42 U.S.C. §
13211 and Executive Order 13423, and any other specific vehicle configuration described in the contract as “Energy Efficient.”
6. VEHICLE REQUIREMENTS:
The quote must address all of the requirements listed below in a clear checklist type format.
Brochures of the proposed vehicles shall be submitted.
a. SEDAN
Seating capacity: 5 minimum
Number of Doors: 4 minimum
Wheelbase (inches): 109 minimum
Cargo capacity: 12 cu. ft (trunk); to include a minimum area of 400 square inches to store 2 cubic feet of communications equipment
Transmission: Automatic
Horsepower: Capability range of 188HP- 250HP
Windows: Tinted
Other: Minimum front headroom 37.5 in, minimum front legroom 40 in, minimum rear headroom 36.5 in, and minimum rear legroom 37 in.
Color: Black Only
Optional: GPS with software updates (separately priced CLIN)
Optional: Leather seating (separately priced CLIN)
Optional: E85 (separately priced CLIN)
Optional: Hybrid (separately priced CLIN)
Optional: All-Wheel Drive (separately priced CLIN)
b. MINI-VAN
Seating Capacity: 7 minimum
GVWR [minimum (min)/maximum (max)] lbs: 5300/6100
Wheelbase (min inches): 119
Cargo capacity (cubic feet min): 142
Engine Type (Cylinders/Liters-min): 6/3.3
Fuel Capacity: 20 gallons (minimum)
Rear door type: Liftgate
Side door type: Sliding left and right
Windows: Tinted windows
Color: Black Only
Seating that collapses into the flooring
Optional: GPS with software updates (separately priced CLIN)
Optional: Leather seating (separately priced CLIN)
Optional: E85 (separately priced CLIN)
Optional: Hybrid (separately priced CLIN)
c. MID-SIZE SPORT UTILITY VEHICLE
Seating capacity: 5 minimum
Cargo capacity: min. 12 cu. ft (trunk); to include a minimum area of 400 square inches to store 2 cubic feet of communications equipment
Transmission: Automatic
Windows: Tinted
Engine Size: minimum 6/8 cylinder
Color: Black Only
Other: Front Leg Room: 41 in (Minimum), Rear Leg Room: 27 in (Minimum), Front Head
Room: 36 in (Minimum), and Rear Head Room: 39 in (Minimum)
Optional: Leather seating (separately priced CLIN)
Optional: GPS with software updates (separately priced CLIN)
Optional: E85 (separately priced CLIN)
Optional: Hybrid (separately priced CLIN)
Optional: Third row seating (separately priced CLIN)
d. LARGE SPORT UTILITY VEHICLE
Seating capacity: Front bucket seats; second row bucket seats; third row 60/40/split bench;
collapsible third row seating
Cargo capacity: min 15 cu. ft (trunk); to include a minimum area of 400 square inches to store 2 cubic feet of communications equipment
Rear door type: Liftgate
Wheelbase (minimum inches): 115
Engine type (cylinders/liters-min): 8/5.3
Minimum horsepower: 300
Fuel capacity: 25 gallons minimum
GVWR minimum lbs: 7200
Transmission: Automatic
Windows: Tinted
Color: Black Only
Other: Front Leg Room: 41 in (Minimum), Rear Leg Room: 27 in (Minimum), Front Head
Room: 39 in (Minimum), Rear Head Room: 38 in (Minimum)
Four Wheel Drive
Roadside Emergency Kit: To include jack, emergency triangles and fire extinguisher.
Optional: Leather seating (separately priced CLIN)
Optional: GPS with software updates (separately priced CLIN)
Optional: DVD player (separately priced CLIN)
Optional: Satellite radio (separately priced CLIN)
Optional: E85 (separately priced CLIN)
Optional: Hybrid (separately priced CLIN)
Optional: Third Row Seating (separately priced CLIN)
e. Truck-Cab with 14' Box 2WD Seating Capacity: 2-3 people
Transmission: Automatic
Overall height not to exceed 10' 1/2" and body width not to exceed 8'
Vehicle air bleeder(s) shall be easily accessible, and the valve shall be maintained through a manual pull valve or equivalent
Load Security Device (e-track system with tie-down rails) to anchor payload. Three on each side
(See drawing in Attachment C for specifications)
Angle Iron Skid protectors or 12" Metal Scuff Plates to be installed on all three sides on the box of the truck.
Minimum 16,000 lbs GVW
Maximum 23,000 lbs GVW
Fuel: Diesel
Original Equipment Manufacturer (OEM) - installed GPS Navigation to include updates
Electric dual exterior side view mirrors
OEM installed heat/air conditioning
AM/FM radio
Windows: Tinted
Heavy-duty suspension
Special cargo body (See drawing for specifications in Attachment C)
Large capacity fuel tank
Heavy-duty battery
Heavy-duty cooling system
Glow plugs
Engine block heater
Power steering
Power brakes
All-season radial tires
Full size spare tire
Spare tire storage compartment – Exterior
Attached Tool Box - Exterior
Minimum floor height is 3'2"
6’7”interior floor-to-ceiling height and rear door opening height 6’1’’with an interior wall to wall width of 7'7" (See Drawing for Specifications in Attachment C)
Box needs to match exterior color of the vehicle cab
Exterior and interior color options include black and dark blue
Rhino Lining floor coating (hardline or tuffgrip application) or equivalent coating on truck box flooring
Automatic Fold Away Running Boards
Grab Bars
Cruise Control
Back Up Cameras
Backup Alarms
Air Ride Truck Seats
Blind spot detector/sensor
Power doors & electric windows
Rail lift gate: Thieman Model TVL-30AL with 3000 lb. capacity. Tailgate measurements 58" L x 90" W x 2-1/2" D. Bi-fold platform (See specifications in Attachment C)
Heavy duty power lift, minimum capacity 3000 lbs (See specifications in Attachment C)
2 Interior Dome Lights - One Front/One Rear of Box
Translucent Roof
Door Latch to Hold Up Door When Opened
Roadside Emergency Kit: To include jack, emergency triangles and fire extinguisher.
Bumper guards on each side of the back of truck
3 row of E-Trac on three sides of the interior of box
E-Tracs are to be flush to plywood walls
Plywood on all three sides of box interior to protect the fiber glass walls of box
Spare tire cage and tool box installed on the exterior of box
Enforcer Roll Up Door Lock and standard latch mechanism
OEM installed heat/air conditioning
Optional: Blue Tooth (Separately Priced CLIN)
f. Truck-Cab with 14' Box 4WD
Transmission: Automatic
Overall height not to exceed 10' 1/2" and body width not to exceed 8'
Vehicle air bleeder(s) shall be easily accessible, and the valve shall be maintained through a manual pull valve or equivalent
Load Security Device (e-track system with tie-down rails) to anchor payload. Three on each side
(See drawing in Attachment C for specifications)
Angle Iron Skid protectors or 12" Metal Scuff Plates to be installed on all three sides on the box of the truck.
Minimum 16,000 lbs GVW
Maximum 23,000 lbs GVW
Fuel: Diesel
Original Equipment Manufacturer (OEM) - installed GPS Navigation to include updates
Electric dual exterior side view mirrors
OEM installed heat/air conditioning
AM/FM radio
Windows: Tinted
Heavy-duty suspension
Special cargo body (See drawing for specifications in Attachment C)
Large capacity fuel tank
Heavy-duty battery
Heavy-duty cooling system
Glow plugs
Engine block heater
Power steering
Power brakes
All-season radial tires
Full size spare tire
Spare tire storage compartment – Exterior
Attached Tool Box -Exterior
Minimum floor height is 3'2"
6’7”interior floor-to-ceiling height and rear door opening height 6’1”with an interior wall to wall width of 7'7" (See Drawing for Specifications in Attachment C)
Box needs to match exterior color of the vehicle cab
Exterior and interior color options include black and dark blue
Rhino Lining floor coating (hardline or tuffgrip application) or equivalent coating on truck box flooring
Automatic Fold Away Running Boards
Grab Bars
Cruise Control
Back Up Cameras
Backup Alarms
Air Ride Truck Seats
Blind spot detector/sensor
Power doors & electric windows
Rail lift gate: Thieman Model TVL-30AL with 3000 lb. capacity. Tailgate measurements 58" L x 90" W x 2-1/2"D Bi-fold platform (See specifications in Attachment C)
Heavy duty power lift, minimum capacity 3000 lbs (See specifications in Attachment C)
2 Interior Dome Lights - One Front/One Rear of Box
Translucent Roof
Door Latch to Hold Up Door When Opened
Roadside Emergency Kit: To include jack, emergency triangles and fire extinguisher.
Bumper guards on each side of the back of truck
3 row of E-Trac on three sides of the interior of box
E-Tracs are to be flush to plywood walls
Plywood on all three sides of box interior to protect the fiber glass walls of box
Spare tire cage and tool box installed on the exterior of box
Enforcer Roll Up Door Lock and standard latch mechanism
g. Truck-Cab with 18' Box 2WD
Transmission: Automatic
Overall height not to exceed 12’ and body width not to exceed 8'
Vehicle air bleeder(s) shall be easily accessible, and the valve shall be maintained through a manual pull valve or equivalent
Load Security Device (e-track system with tie-down rails) to anchor payload. Three on each side
(See drawing in Attachment C for specifications)
Angle Iron Skid protectors or 12" Metal Scuff Plates to be installed on all three sides on the box of the truck.
Minimum 16,000lbs GVW
Maximum 23,000lbs GVW
Fuel: Diesel
Original Equipment Manufacturer (OEM) - installed GPS Navigation to include updates
Electric dual exterior side view mirrors
OEM installed heat/air conditioning
AM/FM radio
Windows: Tinted
Heavy-duty suspension
Special cargo body (See drawing for specifications in Attachment C)
Large capacity fuel tank
Heavy-duty battery
Heavy-duty cooling system
Glow plugs
Engine block heater
Power steering
Power brakes
All-season radial tires
Full size spare tire
Spare tire storage compartment
Attached Tool Box
Minimum floor height is 3'2"
8' interior floor-to-ceiling height and rear door opening height 7'6" with an interior wall to wall width of 7'8" (See Drawing for Specifications in Attachment C)
Box needs to match exterior color of the vehicle cab
Exterior and interior color options include black and dark blue
Rhino Lining floor coating (hardline or tuffgrip application) or equivalent coating on truck box flooring
Automatic Fold Away Running Boards
Grab Bars
Cruise Control
Back Up Cameras
Backup Alarms
Air Ride Truck Seats
Blind spot detector/sensor
Power doors & electric windows
Rail lift gate: Thieman Model TVL-30AL with 3000 lb. capacity. Tailgate measurements 61" L x 90" W x 2-1/2" D. Bi-fold Platform (See specifications in Attachment C)
Heavy duty power lift, minimum capacity 3000 lbs (See specifications in Attachment C)
2 Interior Dome Lights - One Front/One Rear of Box
Translucent Roof
Door Latch to Hold Up Door When Opened
Roadside Emergency Kit: To include jack, emergency triangles and fire extinguisher.
Bumper guards on each side of the back of truck
3 row of E-Trac on three sides of the interior of box
E-Tracs are to be flush to plywood walls
Plywood on all three sides of box interior to protect the fiber glass walls of box
Spare tire cage and tool box installed on the exterior of box
h. Truck-Cab with 18' Box 4WD
Transmission: Automatic
Overall height not to exceed 12’ and body width not to exceed 8'
Vehicle air bleeder(s) shall be easily accessible, and the valve shall be maintained through a manual pull valve or equivalent
Load Security Device (e-track system with tie-down rails) to anchor payload. Three on each side
(See drawing in Attachment C for specifications)
Angle Iron Skid protectors or 12" Metal Scuff Plates to be installed on all three sides on the box of the truck.
Minimum 16,000 lbs GVW
Maximum 23,000 lbs GVW
Fuel: Diesel
Original Equipment Manufacturer (OEM) - installed GPS Navigation to include updates
Electric dual exterior side view mirrors
OEM installed heat/air conditioning
AM/FM radio
Windows: Tinted
Heavy-duty suspension
Special cargo body (See drawing for specifications in Attachment C)
Large capacity fuel tank
Heavy-duty battery
Heavy-duty cooling system
Glow plugs
Engine block heater
Power steering
Power brakes
All-season radial tires
Full size spare tire
Spare tire storage compartment
Attached Tool Box
Minimum floor height is 3'2"
8' interior floor-to-ceiling height and rear door opening height 7’6”" with an interior wall to wall width of 7’8’
Box needs to match exterior color of the vehicle cab
Exterior and interior color options include black and dark blue
Rhino Lining floor coating (hardline or tuffgrip application) or equivalent coating on truck box flooring
Automatic Fold Away Running Boards
Grab Bars
Cruise Control
Back Up Cameras
Backup Alarms
Air Ride Truck Seats
Blind spot detector/sensor
Power doors & electric windows
Rail lift gate: Thieman Model TVL-30AL with 3000 lb. capacity. Tailgate measurements 61" L x 90" W x 2-1/2" D. (See specifications in Attachment C)
Heavy duty power lift, minimum capacity 3000 lbs (See specifications in Attachment C)
2 Interior Dome Lights - One Front/One Rear of Box
Translucent Roof
Door Latch to Hold Up Door When Opened
Roadside Emergency Kit: To include jack, emergency triangles and fire extinguisher.
Bumper guards on each side of the back of truck
3 row of E-Trac on three sides of the interior of box
E-Tracs are to be flush to plywood walls
Plywood on all three sides of box interior to protect the fiber glass walls of box
Spare tire cage and tool box installed on the exterior of box
7. ADDITIONAL REQUIREMENTS:
A. RESPONSIBILITY FOR MODIFYING VEHICLES
Offeror agrees that the Government has the right to install Government-owned or leased equipment (e.g., cellular phones, radios, antennas, siren systems and lights) to any leased vehicle without limiting the manufacturer’s warranty.
B. COMMENCEMENT OF LEASE
The date on which an EOP component designated point of contact accepts a vehicle is the
Commencement Date of the lease of that vehicle.
C. MAINTENANCE
The following requirements shall be provided for the entire lease of each vehicle.
1. Full Service Maintenance shall be provided by Contractor. Maintenance shall include at a minimum the following for all vehicles for the entire lease of the vehicle:
Roadside Assistance to include: towing service in all circumstances (e.g. accident, mechanical failure, etc.)
Replacement tires, oil changes and supplies for oil changes
Factory Servicing
GPS Updates (when applicable)
The Government may, at its option, change oil, filters and lubricants with supplies provided by Contractor to manufacturer's specifications. Government may at its option make normal emergency repairs (e.g., changing a damaged tire) using supplies furnished by Contractor.
2. Repairs: Repairs shall be completed by the Contractor within 24 hours of notification by the Government, unless otherwise agreed upon by the Government and Contractor. Any exceptions shall be authorized by the COR or Contracting Officer.
3. Technical Publications and Maintenance Manual: Shall be furnished with each vehicle to include one Operator's Manual and Lubrication Chart per vehicle.
4. Replacement Vehicle: When repairs or maintenance require that a vehicle be out of service for more than 24 hours, the vendor shall provide a similar replacement vehicle at no additional charge. This requirement does not apply to the chassis/box trucks.
5. Maintenance/Repair Facility: The primary maintenance facility shall be within the
Washington, D.C. Metropolitan area. The primary maintenance facility shall be authorized by the manufacturer to provide maintenance on the vehicles, with supporting certification, or equivalent authorization and certification. Contractor shall also provide vehicle-specific training for how to accomplish routine maintenance, including but not limited to, oil changes and other scheduled maintenance, to EOP personnel upon request at the designated facility. Offerors shall provide information with their offer to identify the proposed maintenance facility. The facility shall be located within 30 miles of
Washington, D.C. Metropolitan Area.
6. Diagnostic Test Equipment: The Contractor shall provide the Government diagnostic test equipment that is On Board Diagnostics (OBD II) reader compliant. The Contractor shall provide diagnostic test equipment that allows the Government to read and capture information on vehicles, to include fault codes, parameter values, and lifetime trip data and that includes an overview of each type of vehicle offered under this lease and information regarding all required maintenance timelines. The Contractor shall provide training for Government (EOP in-House Mechanic) as requested on how to use
Diagnostic Test Equipment.
7. Vehicle Maintenance Training: The Contractor shall provide a vehicle maintenance training course, to include basic maintenance (e.g., oil changes) in a self-paced format
(e.g., DVD format, or via the internet) or at a location in the Washington D.C., metropolitan area upon request, for all motor vehicle operators, for the base and option periods. The training course shall include at a minimum how to diagnose vehicle problems and shall include vehicle specifics of each offered vehicle.
8. Vehicle Recalls: Contractor shall provide to the Government CORs and COs written notice for all recall notifications of all leased vehicles.
9. Lift Gates: Maintenance to cover all repairs and parts of the vehicle lift gates.
10. Option: Extended Warranty
D. VEHICLE IDENTIFICATION AND REPORTING
The Contractor shall show the applicable Contract Number, Order Number, and Vehicle
Identification Number (VIN) on the carrier’s freight bill or other document used in the delivery of vehicles awarded Free On Board (FOB) Destination under this solicitation. This information is essential to the consignee for identification purposes.
E. RETURN OF VEHICLE(S)
At least 45 days prior to the expiration or termination of the delivery order, the Government will contact the Contractor to determine a mutually agreeable time and place for return of the vehicles.
The Contractor shall be responsible for performing an inspection of each vehicle prior to its removal from Government custody and shall furnish the Government with a copy of each inspection report. The EOP will assume full responsibility for reconditioning the vehicle(s), excluding normal wear and tear as defined below, at its expense. The EOP will not be responsible for damages not listed on the inspection report.
For purposes of the lease, normal wear and tear is defined as those dents, dings, paint chips, scratches, pitted but not cracked windshields, and interior wear such as soiled carpets and seats normally accrued to motor vehicles over a period of 12 months use in both rural and metropolitan areas. In any event, the Government’s liability or responsibility for reconditioning vehicles leased as a result of this contract shall be limited to replacement of glass and exterior trim and repair to body damage such as cut, torn, or burnt materials. Contractors are cautioned that the Government, by signing the damage estimate, does not acknowledge liability thereof.
F. CERTIFICATIONS
The Contractor shall provide evidence that offered vehicles meet all applicable Federal Standards for that type of vehicle, including but not limited to, U.S. Environmental Protection Agency
(EPA) and U.S. Department of Transportation Federal Motor Vehicle Safety Standards
(FMVSS). Contractor, by providing vehicles under this contract, certifies that all vehicles provided meet any and all applicable Federal Standards.
G. TIME OF DELIVERY
The Contractor shall propose a delivery schedule for each type and class of vehicle. The delivery schedule shall be expressed in terms of the number of calendar days after receipt of order (ARO), for which each vehicle will be delivered. The Government reserves the right to require a different delivery schedule based on its needs.
H. PLACE OF DELIVERY
All vehicles shall be delivered to the Washington, D.C., metropolitan area.
I. WAIVER OF DELIVERY SCHEDULES
None of the following shall be regarded as an extension, waiver or abandonment of the delivery schedule or a waiver of the Government’s right to terminate for default:
Delay by the Government in terminating for default; and
Acceptance of delinquent deliveries
Any assistance rendered to the Contractor on this contract or acceptance by the Government of delinquent goods or services hereunder, will be solely for the purpose of mitigating damages and is not to be construed as an intention on the part of the Government to condone any delinquency or as a waiver of any rights the Government may have under subject contract.
J. WARRANTY
The Contractor shall provide, at a minimum, the manufacturer’s warranty for all vehicles leased by the Government throughout the entire lease period of each vehicle, including any option periods. The warranty period shall begin upon physical receipt of the vehicles by the
Government and continue until returned to vendor. Offerors shall provide information with their offer detailing the provisions of the offered warranty.
K. REGISTRATION AND SAFETY INSPECTION
Contractor shall provide District of Columbia vehicle registration tags and cover all associated costs, except for those vehicles identified by the Contracting Officer at time of delivery order award. All renewal tag costs will be the responsibility of the Government. The contractor is responsible to ensure that all leased vehicles are compliant with all US State and Federal Safety inspections. A Government representative may drive vehicles to local inspection stations upon request, however, all fees must be paid by the contractor.
In the event the contractor notifies the government of a safety, emissions or other inspections or recall campaign, the government will immediately follow the contractor’s instructions with respect thereof.
L. TITLE
During the lease terms, the vehicles shall always remain the property of the Contractor; however, the Government shall have access to these documents in the event that they are needed for requesting confidential tags
M. TICKETS AND CITATIONS
The contractor shall provide a detailed process for how vehicle tickets and citations shall be handled. While the Government will pay for these costs, the contractor shall provide its process for handling to ensure that issues are handled expeditiously in order to avoid unnecessary fees and/or fines.
N. STATEMENT ON EOP SPECIAL TERMS AND CONDITIONS [FEB 2014]
The following EOP specific clauses shall apply to the order, contract, or agreement resulting from this solicitation. These terms and conditions flow down to any subcontractors.
1. Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a
Felony Conviction [FEB 2014]
(a) In accordance with various sections of the current fiscal year Appropriation Acts, none of the funds made available by those Acts may:
(1) be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted (or under certain appropriation acts, had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent and made a determination that this further action is not necessary to protect the interests of the
Government.
(2) be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.
(b) The Offeror represents that:
(1) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months,
(2) It is [ ] is not [ ] a corporation that had an officer or agent of such corporation acting on behalf of the corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months,
(3) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
2. RESTRICTION AGAINST DISCLOSURE [FEB 2014]
The contractor agrees, in the performance of this order, contract, or agreement to keep the information contained in the source documents, or otherwise furnished by the EOP, in the strictest confidence, said information being the sole property of the EOP. The contractor also agrees not to publish, reproduce or otherwise divulge such information, in whole or in part, in any manner or form, nor authorize or permit others to do so, taking reasonable measures to restrict access to the information while in his or her possession to those employees who must have the information to perform work on the order, contract, or agreement (i.e., a “need-to-know” basis). The contractor agrees to immediately notify the contracting officer (CO) in writing in the event the contractor determines, or has reason to suspect, a breach of confidentiality. The contractor is responsible for ensuring all employees involved in the performance of this order, contract or agreement sign a “Non-Disclosure Agreement” that is attached. The contractor shall provide a signed agreement to the CO prior to each employee beginning work.
EOP retains full legal control over any information and records submitted by it to the contractor and may, to the extent permitted by law, modify such information or request that it be withdrawn from the contractor’s files and systems. Such information, to the extent permitted by law, shall not become part of contractor records. If the contractor receives a request for EOP information, or a request to which EOP information would be responsive, the contractor shall not provide
EOP information in response to the request and shall instead refer the request to EOP. EOP will address the request in accordance with applicable law. Requests included within this paragraph include, but are not limited to, Freedom of Information Act (FOIA) requests, Congressional requests and litigation-related requests. Any such request shall be sent in writing to the Office of
Administration, Office of General Counsel through the CO.
All information regarding the procedures developed under this order, contract, or agreement must be regarded as sensitive information by the contractor and not to be disclosed to anyone outside the contractor's organization without the written permission of the CO.
3. PROHIBITION OF ADVERTISING OF AWARD [FEB 2014]
The contractor shall not refer to this award in commercial advertising or similar promotions in such a manner as to state or to imply that the product or services provided is endorsed, preferred, or is considered superior to other products or services by the Executive Office of the President
(EOP), the Office of Administration, or the White House. This includes advertising, or similar promotions, in all forms of electronic, broadcast, and print media.
In addition, the contractor is restricted from reproducing the image(s) of the EOP in any form of commercial advertising or promotion. This includes images of official seals and buildings. The reproduction of official seals and the images of buildings are a matter controlled by statute, regulation and Executive Order. Any proposed usage of such symbols must be brought to the attention of the contracting officer.
4. CONTRACTOR’S RESPONSIBILITY FOR PERSONNEL [FEB 2014]
The contractor shall be responsible for managing and overseeing the activities of all of its personnel, as well as subcontractor personnel used in performance of this effort. The contractor's management responsibilities shall include timely and effective support, performed in accordance with the requirements contained in the order, contract, or agreement.
5. POTENTIAL CONFLICTS OF INTEREST [FEB 2014]
(a) The contractor shall inform the contracting officer (CO) whether or not, to the best of its knowledge and belief, it has or does not have any organizational or personal conflicts of interest as defined below:
In accordance with FAR Part 2, Definitions, “Organizational conflict of interest” means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.
In accordance with FAR Subpart 9.502, an organizational conflict of interest may result when factors create an actual or potential conflict of interest on an instant contract, or when the nature of the work to be performed on the instant contract creates an actual or potential conflict of interest on a future acquisition. In the latter case, some restrictions on future activities of the contractor may be required.
(b) If the contractor discovers an organizational conflict of interest with respect to this order, contract, or agreement prior to award, the contractor shall immediately notify the CO in writing and provide its plan to mitigate the conflict. Personal conflicts of interest will be dealt with on a case-by-case basis by the CO. Depending on the severity of the conflict, alternative staff may be appointed to work on the requirement. If that solution does not remove the conflict or the appearance of conflict of interest, the contractor may be excused by the Government from participation in the requirement.
(c) The contractor agrees that if, after award, it discovers or creates an organizational or personal conflict of interest with respect to the order, contract, or agreement, it shall make an immediate and full disclosure in writing to the CO and Contracting Officer’s Representative (COR), which shall include a description of the action the contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the order, contract, or agreement for the convenience of the Government.
(d) In the event that the contractor was aware of the organizational or personal conflict of interest prior to the award of the order, contract, or agreement and intentionally did not disclose the conflict to the CO, the Government may terminate the order, contract, or agreement at no cost to the Government and demand payment of any out-of-pocket costs, including costs associated with reissuance of the order, contract, or agreement.
(e) The contractor shall also inform the CO and COR of any business or other relationships which create a potential conflict of interest or which might present an appearance of a conflict of interest on the part of the contractor or the contractor’s employees, including all instances in which a former or existing client of the contractor is or is likely to become the subject of a lawsuit. In addition, the contractor must agree that any information provided to the contractor in the course of the requirement is confidential and cannot be used for financial gain.
6. CONTRACTOR’S INTERFACES/COLLABORATION [FEB 2014]
The contractor and/or its subcontractors may be required as part of the performance of this requirement to work with other contractors working for the Government. Such other contractors shall not direct this contractor and/or their subcontractors in any manner. Also, this contractor and/or its subcontractors shall not direct the work of other contractors in any manner.
The Government will establish the initial contact between the contractor and other contractors and will participate in an initial meeting at which the conventions for the scheduling and conduct of future meetings and contacts will be established. The designated contracting officer’s representative (COR) for all associated efforts will be included in any establishment of conventions.
7. PAYMENT FOR UNAUTHORIZED SUPPLIES OR SERVICES [FEB 2014]
No payments shall be made for any unauthorized supplies and/or services or for any unauthorized changes to the work specified herein. This includes any services performed by the contractor of its own volition or at the request of an individual other than a duly appointed contracting officer (CO).
8. GOVERNMENT CONTACT INFORMATION/ROLES & RESPONSIBILITIES
[FEB 2014]
Contracting Officer (CO):
Executive Office of the President
Office of Administration
Office of the Chief Financial Officer
Procurement and Contract Management Division
ATTN: Mecale McCorkle
Telephone: (202) 202-395-1126
Email: Mecale_H_McCorkle@oa.eop.gov
Contracting Officer (CO):
The CO is responsible for:
1) Negotiation and award of orders, contracts, or agreements: COs have full authority to legally bind their organization within their designated warrant level.
2) Administration: Although COs have the ability to manage the orders, contracts, or agreements, the day-to-day administration activities will generally be carried out by the contracting officer’s representative.
3) Settlement and Resolution of Contracting Issues: The CO is authorized to settle and resolve contracting issues.
4) Contract Records: The CO is responsible for maintaining a complete record of all contracting documents (electronically and/or manually).
Contract Specialist (CS):
The CS is responsible for:
1) The daily interactions of the orders, contracts, or agreements, which include communicating with the contractor in resolving concerns, drafting requirements, award documents, modifications, etc.
2) The CS has no authority to change the terms and conditions of the order, contract, or agreement, including the schedule and price.
Contracting Officer’s Representative (COR):
1) The CO’s authorized COR will be designated after award. Additionally, each order, contract, or agreement will specify the designated COR.
2) The COR is the individual within the program management function who has overall technical responsibility for this effort. The COR supports the CO during administration of this effort by:
a. Providing technical clarification relative to overall workload matters;
b. Providing guidance to the contractor in the preparation of deliverables and services;
c. Providing acceptance of delivered products and services in accordance with the order or contract terms and conditions; and
d. Making final decisions regarding any recommended rejection of deliverables.
3) The COR also provides technical direction to the contractor, i.e., shifting work emphasis between areas of work, fills in details, or otherwise serves to accomplish the purposes of this effort. Technical direction shall be within the general scope of this effort. The COR does NOT have the authority to issue any technical direction that:
a. Constitutes an assignment of work outside the general scope of this effort;
b. Constitutes a change as defined in the “Changes” clause (See FAR 52.243);
c. In any way causes an increase or decrease in cost or the time required for performance;
d. Changes any of the terms, conditions, or other requirements of this effort; or
e. Suspends or terminates any portion of this effort.
4) All technical direction shall be issued in writing by the COR or will be confirmed by the
COR in writing within 10 calendar days after verbal issuance. A copy of the written direction will be furnished to the CO.
5) In addition to providing technical direction, the COR will:
a. Monitor the contractor’s technical progress, including surveillance and assessment of performance, and recommend to the CO any changes in the requirement;
b. Assist the contractor in the resolution of technical problems encountered during performance;
c. Perform inspection and acceptance or recommendation for rejection of contractor deliverables and identify deficiencies in delivered items. This does not replace any other quality assurance inspection requirements that are specified elsewhere within the order, contract, or agreement; and
d. Ensure invoice payments are processed in a timely manner in accordance with the
Prompt Payment Act (FAR Subpart 32.9).
9. INVOICE REQUIREMENTS [FEB 2014]
Address for Submission of Invoices
The contractor shall submit invoices via email (PDF format) for the supplies delivered or services rendered to the following:
Financial Management Division
Office of Administration invoices@oa.eop.gov
Address invoice questions to 202-395-7259
Invoice Description
Invoices shall be submitted to the Government office designated in the order, contract, or agreement to receive invoices. To constitute a proper invoice, the invoice must include the following information and/or documentation:
Name of business concern, invoice number and date;
Contract or order number, or other authorization for delivery of property or services;
Description, price, and quantity of supplies/services actually delivered or service rendered for each item billed;
mailto:invoices@oa.eop.gov
Shipping and payment terms;
Name (where practicable, title, phone number, and complete mailing address of responsible official to whom payment is to be sent). The “remit to” address must correspond to the remittance address in the order, contract, or agreement; and
Other substantiating documentation or information as required by the order, contract, or agreement.
10. SECTION 508 CONFORMANCE REQUIREMENTS [FEB 2014]
The contractor shall conform to the requirements outlined in 36 CFR Section 1194.41 Subpart D, Information, Documentation and Support as outlined below:
(a) Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge.
(b) End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge.
(c) Support services for products shall accommodate the communication needs of end-users with disabilities.
This includes the submission of invoices, reports, etc., which shall all be delivered in an accessible format (e.g., PDF, Microsoft Word, Microsoft Excel).
11. INSPECTION AND ACCEPTANCE [FEB 2014]
Place of Inspection and Acceptance
Inspection and acceptance of the products or services to be furnished hereunder shall be made by the appropriate COR, or other authorized representative designated in the order, contract or agreement.
Scope of Inspection
All deliverables will be inspected for content, completeness, accuracy and conformance to order, contract or agreement requirements by the COR, or other authorized representative designated in the order, contract or agreement. Inspection may include validation of information or inspection of the deliverables, as specified in the order, contract or agreement. The scope and nature of this inspection will be sufficiently comprehensive to ensure the completeness, quality and adequacy of all deliverables.
Basis of Acceptance
The basis for acceptance will be in compliance with best commercial practices and those requirements provided in the order, contract or agreement.
Support products and travel will be accepted upon receipt of proper documentation.
Reports, documents and narrative type deliverables will be accepted when all discrepancies, errors or other deficiencies identified in writing by the Government have been corrected.
Draft Deliverables
The Government will provide written acceptance, comments and/or change requests, if any, within five workdays from receipt from the contractor of the draft deliverable, unless otherwise specified in the order, contract, or agreement due to time constraints.
Upon receipt of the Government comments, the contractor shall have up to three workdays to incorporate the Government's comments and/or change requests and to resubmit the deliverable in its final form unless otherwise noted in the order or contract due to time constraints.
All of the Government's comments to deliverables must either be incorporated in the succeeding version of the deliverable or the contractor must demonstrate to the Government's satisfaction why such comments should not be incorporated.
If the Contractor requires additional government guidance to produce an acceptable draft, the contractor shall arrange a meeting with the appropriate COR or CO.
Final Deliverables
The Government will provide written notification of acceptance or rejection of all final deliverables within five workdays, unless otherwise specified in the order, contract, or agreement from the date of receiving the deliverables. All notifications of rejection will be accompanied with an explanation of the specific deficiencies causing the rejection.
If the Government finds that a draft or final deliverable contains spelling errors, grammatical errors, improper format, inaccurate information or statistics, or otherwise does not conform to the requirements stated within the order, contract or agreement, the document may be immediately rejected without further review and returned to the Contractor for correction and resubmission.
Non-Conforming Products or Services
Unless specified otherwise in the orders or contracts, non-conforming products or services will be rejected. Deficiencies will be corrected, by the contractor, within three workdays of the rejection notice or as time constraints deem necessary. If the deficiencies cannot be corrected within three workdays, the contractor shall immediately notify the COR, or other authorized representatives designated in each order, contract, or agreement of the delay and provide a proposed corrective action plan within three workdays or as time to conform dictates more urgent action.
12. TRANSITION [FEB 2014]
The contractor shall ensure a smooth phase-in and phase-out of the order, contract or agreement, including service continuity, and knowledge transfer at the end of the administration and/or contract period of performance (including options).
The phase-in transition shall occur within 7 days after contract award. This includes working with the current contractor on a successful transition in accordance with the phase-in plan approved by the government. The contractor shall be at full performance at the completion of the phase-in period.
The phase-out transition shall start 90 days prior to the end of the contract period of performance and be completed by the end of the contract period of performance. This includes working with the new contractor on a successful transition in accordance with the transition phase-out plan approved by the government.
13. PROTECTING EOP DATA AND INFORMATION [NOV 2014]
(a) Applicability: This clause applies to contractor and subcontractor (at all tiers) personnel and addresses specific requirements for protecting EOP data and information.
(b) Responsibilities for Handling and/or Storing EOP Data and Information: All contractor and subcontractor employees are responsible for the proper handling and/or storing of EOP data and information, regardless of location. Contractors shall be responsible for any costs associated with the loss, breach, or compromise of EOP information held by contractors. All contract employees shall be responsible for:
(1) The proper control and handling of EOP data and information residing on their computer, on removable media, and on paper documents;
(2) Ensuring portable data storage and communication devices are properly controlled and secured at all times; and,
(3) Following the procedures for reporting a breach to EOP data and information as outlined in section (c) below.
(c) Procedures for Reporting a Breach of EOP Data and Information:
(1) A breach of EOP data and information includes loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access of EOP data and information whether physical or electronic.
(2) All contractors and subcontractors shall report any breach or potential breach, including, but not limited to, network or asset breaches to the EOP’s Security
Operations Center (SOC) within 30 minutes of becoming aware of the breach or potential breach regardless of the time or day of the week. All breaches and potential breaches shall be reported, even if it is believed the breach is limited, small, or insignificant. The initial report of the breach shall be made by telephone to the SOC;
however, the contractor or subcontractor shall follow up in writing within one hour of the verbal notification to the SOC, CO, and the COR. Do NOT include sensitive information in the e-mail notification.
(3) Each breach report shall address all relevant information, including the following:
Nature of the event (loss, theft, unauthorized access);
Description of the event, including:
o Date and time of occurrence o Types of data elements involved;
Number of individuals affected or potentially affected;
Names of individuals or groups affected or potentially affected;
Ease of logical data access lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;
Amount of time the data has been out of contractor or subcontractor control;
The likelihood that EOP data and information will or has been compromised
(made accessible to and usable by unauthorized persons);
Known misuses of EOP data and information, if any; and, Assessment of the potential harm to the affected individuals.
(4) The EOP and the contractor will mutually establish additional reporting requirements based on the nature and severity of the breach.
(5) In instances of theft, break-in, or other criminal activity affecting or involving EOP data and information, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of the jurisdiction. The contractor, its employees, and its subcontractors as well as their employees shall cooperate with the
EOP and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with the EOP in any civil litigation to recover
EOP information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.
(d) Points of Contacts: Contractors and subcontractors shall report a breach or potential breach of EOP data and information to the SOC at 202-395-3304 (available 24/7/365).
Any questions regarding these procedures shall be directed to the Contracting Officer.
14. Period of Performance
The period of performance is for 12 months from date of contract award and four 12 month option years. Each delivery order issued will state the specific delivery date and resulting lease period of performance.
ADDITIONAL APPLICABLE FAR CLAUSES:
52.216-18 ORDERING (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __________ through ____________ [to be completed upon award].
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
52.216-19 Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one…
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