RFP - CORHQ-24-R-0713.pdf

PDF 3 MB Posted Jan 3, 2025

Attached to: FDIC's Board Room Collective Technology Refresh
Solicitation number: CORHQ-24-R-0713
Issued by: Federal Deposit Insurance Corporation

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Written by GovTribe AI · Jan 3, 2025

This is a Request for Proposal (RFP) for the FDIC's Board Room Collective Technology Refresh project at FDIC headquarters in Washington DC. The solicitation seeks a design-build contractor to transform the Board Room Collective into state-of-the-art broadcasting and collaboration spaces with high-quality audio, video, lighting and associated construction that enables clear communication between in-person and remote Board Members, participants and observers.

The RFP uses a two-step selection process requiring vendors to first attend a mandatory site visit on January 17, 2025 at 10am EST (limited to 2 people per company, with signed confidentiality agreements required). Phase I Volume I proposals are due January 31, 2025 at 12PM EST. Selected vendors will be invited to submit Phase II proposals due March 25, 2025 at 12PM EST. The contract includes a 6-month base period and multiple option periods. Key personnel requirements include Program Manager, Solution Architect, Installer/Engineer, and Programmer positions. The project requires a moderate risk level security clearance for personnel. Pricing is structured as firm-fixed-price CLINs covering construction, audio/video implementation, furniture, and optional operations & maintenance services.

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Other files

File	Type	Posted
CORHQ-24-R-0713-Amendment 0007.pdf	PDF	Apr 1, 2025
CORHQ-24-R-0713-Amendment 0006.pdf	PDF	Mar 7, 2025
CORHQ-24-R-0713- Amendment 0005.pdf	PDF	Feb 15, 2025
CORHQ-24-R-0713- Amendment 0004.pdf	PDF	Jan 29, 2025
Attendee List - Site Visit - 1-17-25.xlsx	XLSX spreadsheet	Jan 29, 2025
CORHQ-24-R-0713- Amendment 0003.pdf	PDF	Jan 25, 2025
Board Room Collective Modernization Site Visit_1-17-25.pdf	PDF	Jan 25, 2025
CORHQ-24-R-0713-Amendment 0002.pdf	PDF	Jan 24, 2025
CORHQ-24-R-0713-Amendment 0001.pdf	PDF	Jan 10, 2025
BRC Modernization Pricing Workbook 1.3.25.xlsx	XLSX spreadsheet	Jan 3, 2025
f3700-46A - Confidentiality Agreement (for ContractorPersonnel).pdf	PDF	Jan 3, 2025
f3700-46 - Confidentiality Agreement (for Contractor).pdf	PDF	Jan 3, 2025

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SOLICITATION/AWARD

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. CONTACT INFORMATION 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. N/A

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ RFP

Price only

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. N/A 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. FEDERAL DEPOSIT INSURANCE CORPORATION (SIGNATURE OF CO)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

FDIC 3700/55 (3-08)

10. SOCIO-ECONOMIC STATUS

NAICS:

ETHNICITY:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. SUB-CONTRACTING

PERMITTED/APPROVED

YES

SDB

MWOB

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

YES NO

27a. SOLICITATION INCLUDES ATTACHMENTS 27b. AWARD INCLUDES ATTACHMENTS

RFI RFP

Best Value

CORHQ-24-R-0713

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QTY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

FDIC 3700/55 (3-08)

Section B - Supplies or Services and Prices/Costs

CLIN # Description Quantity Unit Unit Price Total Price

0001 Board Room Collective Technology

Refresh

1 EA

Attachments for this section start after this page.

Section B - Supplies or Services and Prices/Costs PAGE 3 OF 207

CONTROLLED//FDIC INTERNAL ONLY#

1. General Instructions Do not modify the structure of this Excel file.

Offeror shall only enter data in the green-shaded cells. All other cells and tabs have calculated fields or contain data entered by FDIC.

For the purposes of this pricing workbook, Offeror shall assume 1 FTE is equal to 1920 hours annually.

2. "BASE PoP and KPs" Tab The FDIC has pre-populated the BASE Period of Performance of 6 mothns based on anticipated need. The FDIC understands that long lead items may impact the contemplated timeframe.

The offeror may propopse a BASE Period of Performance based on long lead items.

The FDIC has pre-populated four of the five Key Personnel labor categories and hours based on anticipated need for the BASE Period.

The offeror may propose key personnel in addition to the Program Manager, Solution Architect, Installer/Engineer, and Programmer KPs; however, the total FTEs for the KPs must add up to 4.0.

Enter the period of performance dates and total price for design and, for each room, construction.

For the corresponding rooms in the Tabs, enter the details for all of the HwSw (Hardware, Software, Licence, Services, Shipping) and Installation (Equipment, Services, Shipping).

For the corresponding rooms in the Tabs, enter the details for the technology integration furniture. Any furniture used to camoflouge technology (e.g. TV lift) should be included in the Tabs at Item 4.

The FDIC has pre-populated the two Key Personnel labor categories and hours based on anticipated need for the Operations and Maintenance Option Periods.

The offeror may propose key personnel in addition to the Installer/Engineer and Programmer KPs; however, the total FTEs for the KPs must add up to 2.0.

Enter the details for all of the Option Periods (Hardware, Software, Licence, Services, Shipping).

7. "CLIN 11" Tab FDIC may procure future FFP goods and services. Because the exact scope of these goods and services are not currently defined, Offerors are not required to provide estimates.

In order to determine the potential total cost of awarding the Contract, FDIC will use a model.

The calculations for the totals included on this tab (based on Hardware/Software, Installation, Construction, and Furniture) are for evaluation purposes only and are the same for all Offerors.

8. "Summary Price" Tab This tab does not require Offeror input. It displays the summary charges for each CLIN.

The proposed CLIN pricing along with the FFP Model pricing will constitute the overall evaluated price (OEP). This computation will be for evaluation purposes only.

6. "CLIN 10" Tab

3. "CLIN 1 D&CONST" Tab

4. "CLIN 2 AV BR," "CLIN 3 AV 6021," "CLIN 4 AV 6015," and "CLIN 5 AV CTROL SPACE" Tabs

5. "CLIN 6," "CLIN 7," "CLIN 8," and "CLIN 9" Tabs

Section B - Supplies or Services and Prices/Costs PAGE 4 OF 207

CLIN ITEM TYPE BASE OP1 OP2 OP3 OP4 Total 1 Construction FFP -$ -$ 2 Board Room FFP -$ -$ 3 Conference Room A (6021) FFP -$ -$ 4 Conference Room B (6015) FFP -$ -$ 5 Control Space FFP -$ -$ 6 Optional Furniture Board Room (Construction) FFP -$ -$ 7 Optional Furniture Conference Room A (6021) (Construction) FFP -$ -$ 8 Optional Furniture Conference Room B (6015) (Construction) FFP -$ -$ 9 Optional Furniture Control Space (Construction) FFP -$ -$

10 Optional Operations and Maintenance (O&M) FFP -$ -$ -$ -$ -$ 11 Optional Future Incremental Improvements (FII) FFP -$ -$ -$ -$ -$

TOTAL: -$

BASE From Contract Award to Solution Acceptance OP1 From Solution Acceptance to Solution Acceptance + 1 year OP2 From OP1 End to OP1 End + 1 Year OP3 From OP2 End to OP2 End + 1 Year OP4 From OP3 End to OP3 End + 1 Year

Section B - Supplies or Services and Prices/Costs PAGE 5 OF 207

Period of Performance for Base (if different than 6 months) Number of months from Award Base Period of Performance 6

Anticipated Program Manager, Solution Architect, Installer/Engineer, and Programmer Key Personnel

Labor Categories for All Rooms for CLINs 2-5 Average Monthly FTEs Program Manager 1.00 Solution Architect 1.00 Installer/Engineer 1.00 Programmer 1.00

Total 4.00

Section B - Supplies or Services and Prices/Costs PAGE 6 OF 207

CLIN Type - Room(s) Period of Performance

(i.e. 1/1/2023 - 12/31/2023) Total Charges for Period 1 Design - All Rooms 2 Construction - Board Room 3 Construction - Conference Room A (6021) 4 Construction - Conference Room B (6015) 5 Construction - Control Space

TOTAL: -$

BRC Modernization - CLINs 1-5 Design & Construction (D&CONST) (FFP)

Section B - Supplies or Services and Prices/Costs PAGE 7 OF 207

Item Number

Area (HwSw =

Hardware/Software Purchase Category Purchase Type Description Manufacturer Part # Qty Serial # Period of Performance

(i.e. 1/1/2023 - 12/31/2023) Est. Unit Cost Est. Total Cost

$0.00

BRC Modernization - CLIN 2 Board Room (BR) Audio Video (FFP)

Section B - Supplies or Services and Prices/Costs PAGE 8 OF 207

$0.00

SubTotal (HwSW) $0.00 SubTotal (Installation) $0.00 Total $0.00

Section B - Supplies or Services and Prices/Costs PAGE 9 OF 207

Area Purchase Category Purchase Type Description Manufacturer Part # Qty Serial # Period of Performance (i.e. 1/1/2023 - 12/31/2023)

Est. Unit Cost Est. Total Cost

$0.00

BRC Modernization - CLIN 3 6021 Audio Video (FFP)

Section B - Supplies or Services and Prices/Costs PAGE 10 OF 207

$0.00

SubTotal (HwSW) $0.00 SubTotal (Installation) $0.00 Total $0.00

Section B - Supplies or Services and Prices/Costs PAGE 11 OF 207

Area Purchase Category Purchase Type Description Manufacturer Part # Qty Serial # Period of Performance (i.e. 1/1/2023 - 12/31/2023)

Est. Unit Cost Est. Total Cost

$0.00

BRC Modernization - CLIN 4 6015 Audio Video (FFP)

Section B - Supplies or Services and Prices/Costs PAGE 12 OF 207

$0.00

SubTotal (HwSW) $0.00 SubTotal (Installation) $0.00 Total $0.00

Section B - Supplies or Services and Prices/Costs PAGE 13 OF 207

Area Purchase Category Purchase Type Description Manufacturer Part # Qty Serial # Period of Performance (i.e. 1/1/2023 - 12/31/2023)

Est. Unit Cost Est. Total Cost

$0.00

BRC Modernization - CLIN 5 Control Space Audio Video (FFP)

Section B - Supplies or Services and Prices/Costs PAGE 14 OF 207

$0.00

SubTotal (HwSW) $0.00 SubTotal (Installation) $0.00 Total $0.00

Section B - Supplies or Services and Prices/Costs PAGE 15 OF 207

Purchase Category Purchase Type Description Manufacturer Part # Qty Serial # Period of Performance (i.e. 1/1/2023 - 12/31/2023)

Est. Unit Cost Est. Total Cost

Furniture $0.00

Total $0.00

BRC Modernization - Optional CLIN 6 Board Room (BR) Furniture (FFP)

Section B - Supplies or Services and Prices/Costs PAGE 16 OF 207

Purchase Category Purchase Type Description Manufacturer Part # Qty Serial # Period of Performance (i.e. 1/1/2023 - 12/31/2023)

Est. Unit Cost Est. Total Cost

Furniture $0.00

Total $0.00

BRC Modernization - Optional CLIN 7 Conference Room A (6021) Furniture (FFP)

Section B - Supplies or Services and Prices/Costs PAGE 17 OF 207

Purchase Category Purchase Type Description Manufacturer Part # Qty Serial # Period of Performance (i.e. 1/1/2023 - 12/31/2023)

Est. Unit Cost Est. Total Cost

Furniture $0.00

Total $0.00

BRC Modernization - Optional CLIN 8 Conference Room B (6015) Furniture (FFP)

Section B - Supplies or Services and Prices/Costs PAGE 18 OF 207

Purchase Category Purchase Type Description Manufacturer Part # Qty Serial # Period of Performance (i.e. 1/1/2023 - 12/31/2023)

Est. Unit Cost Est. Total Cost

Furniture_CS $0.00

Total $0.00

BRC Modernization - Optional CLIN 9 Control Space Furniture (FFP)

Section B - Supplies or Services and Prices/Costs PAGE 19 OF 207

Anticipated Installer/Engineer and Programmer

Key Personnel Labor Categories for Operations and Maintenance Average Monthly FTEs

Installer/Engineer 1.00 Programmer 1.00

Total 2.00

Item Number

Option Period Purchase Category Purchase Type Description Manufacturer Part # Qty Serial # Period of Performance (i.e. 1/1/2023 - 12/31/2023)

Est. Unit Cost Est. Total Cost

$0.00

BRC Modernization - Optional CLIN 10 Operations and Maintenance (FFP)

Section B - Supplies or Services and Prices/Costs PAGE 20 OF 207

$0.00

Total $0.00

Section B - Supplies or Services and Prices/Costs PAGE 21 OF 207

BRC Modernization - Optional CLIN 11 Future Incremental Improvements (FFP)

Option Period Description Cost

1 FFP Model Calculation for Evaluation Purposes Only $0.00

2 FFP Model Calculation for Evaluation Purposes Only $0.00

3 FFP Model Calculation for Evaluation Purposes Only $0.00

4 FFP Model Calculation for Evaluation Purposes Only $0.00

TOTAL: $0.00

Section B - Supplies or Services and Prices/Costs PAGE 22 OF 207

Section C - Description/Specifications/Work Statement

No attachments were added for this section.

Clauses Incorporated By Reference

Clause # Title Date

No reference clauses were found for this section.

Full Text Clauses

7.3.2-21 - Description/Specifications/Work Statement - October 2008 The name/description of the goods or services being acquired is as follows:

Board Room Collective Technology Refresh

The specifications for and the description of the work to be performed under this award are fully detailed in either a

Statement of Work (SOW) or a Statement of Objective coupled with a Performance Work Statement (PWS), which is included as an attachment in Section J of this award document.

7.3.2-34 - Duty to Deliver or Perform - July 2008 Contractor agrees to perform the services (the "Services") or provide the goods (the "Goods"), in accordance with the terms and conditions set forth herein and in any attachments to the contract.

Section C - Description/Specifications/Work Statement PAGE 23 OF 207

Section E - Inspection and Acceptance

7.6.4-01 - Inspection and Acceptance - July 2008

(a) All goods and services shall be subject to inspection and test by the FDIC Oversight Manager, to the extent practicable, at all times and places during the term of the award. All inspections by the FDIC shall be made in such a manner as not to unduly delay the work.

(b) The FDIC shall have 15 business days from the date of Contractor''s delivery to determine if such goods and services are in compliance with the requirements of the contract. If any services performed or goods delivered hereunder are not in conformity with the requirements of this Award, the FDIC shall have the right to require

Contractor to reperform the services or redeliver the goods in conformity with the requirements of the Award, at no additional increase in total contract amount. When the services to be performed are of such a nature that the defect cannot be corrected by reperformance of the services, the FDIC shall have the right to (1) require Contractor immediately to take all necessary steps to ensure future performance of the services in conformity with the requirements of the contract; and (2) reduce the contract price to reflect the reduced value of the services performed. In the event Contractor fails promptly to reperform the services or redeliver the goods, or to take necessary steps to ensure future performance of the services or delivery of the goods in conformity with the requirements of the Award, the FDIC shall have the right to either (1) by contract or otherwise, have the services performed or the goods delivered in conformity with the contract requirements and charge to Contractor any cost occasioned to the FDIC that is directly related to the performance of such services or the delivery of such goods; or

(2) terminate this Award for default as provided in 7.6.6-02, Termination for Default.

(c) Contractor shall provide and maintain an inspection system acceptable to the FDIC covering the goods or services to be delivered or performed hereunder. Records of all inspection work by Contractor shall be kept complete and available to the FDIC during the term of this Award and for such longer period as may be specified elsewhere in this Award.

7.6.4-02 - Inspection and Acceptance (Construction) - July 2008

(a) All work (which term includes but is not restricted to materials, workmanship, and manufacture and fabrication of components) shall be subject to inspection and test by the FDIC at all reasonable times and at all places prior to acceptance. Any such inspection and test is for the sole benefit of the FDIC and shall not relieve Contractor of the responsibility of providing quality control measures to assure that the work strictly complies with the contract requirements. No inspection or test by the FDIC shall be construed as constituting or implying acceptance.

Inspection or test shall not relieve Contractor of responsibility for damage to or loss of the material prior to acceptance or in any way affect the continuing rights of the FDIC after acceptance of the completed work under the

Section E - Inspection and Acceptance PAGE 24 OF 207 terms of paragraph (f) of this clause, except as hereinabove provided.

(b) Contractor shall give written notice to the Contracting Officer at least ten (10) calendar days before the date the work will be completed and ready for final inspection and tests. Final inspection and tests will begin within ten (10) calendar days after the date specified in Contractor''s notice unless the Contracting Office determines that the work is not ready for final inspection and so informs Contractor.

(c) Contractor shall, without charge, replace any material or correct any workmanship found by the FDIC not to conform to the contract requirements, unless in the public interest the FDIC consents to accept such material or workmanship with an appropriate adjustment in contract price. Contractor shall promptly segregate and remove rejected material from the premises at its own expense.

(d) If Contractor does not promptly replace rejected material or correct rejected workmanship, the FDIC may (1) by contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to Contractor, or (2) terminate Contractor''s right to proceed in accordance with the clause of this contract entitled "Termination for

Default Damages."

(e) Contractor shall furnish promptly, without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspection and test as may be required by the Contracting Officer. All inspection and test by the FDIC shall be performed in such manner as not unnecessarily to delay the work.

Special, full size, and performance tests shall be performed as described in this contract. The FDIC reserves the right to charge to Contractor any additional cost of inspection and test when material or workmanship is not ready at the time specified by Contractor for inspection or test or when reinspection or retest is necessitated by prior rejection.

(f) Should it be considered necessary or advisable by the FDIC at any time before acceptance of the entire work to make an examination of work already completed, by removing or tearing out same, Contractor shall, on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or nonconforming in any material respect, due to the fault of Contractor or any subcontractors, Contractor shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, an equitable adjustment shall be made in the contract price to compensate Contractor for the additional services involved in such examination and reconstruction and, if completion of the work has been delayed thereby, he shall, in addition, be granted a suitable extension of time.

(g) Unless otherwise provided in this contract, acceptance by the FDIC shall be made as promptly as practicable after completion and inspection of all work required by this contract, or that portion of the work that the Contracting

Officer determines can be accepted separately. Acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the FDIC''s rights under any warranty or guarantee.

Section E - Inspection and Acceptance PAGE 25 OF 207

Section F - Deliveries or Performance

7.3.1-09 - Delivery Schedule - July 2008 The goods must be delivered in accordance with the Statement of Work.

7.3.1-10 - Place of Delivery or Performance - November 2013 The place of delivery or performance is: 550 17th Street, NW, Washington, DC.

For any goods/materials delivered to the location:

Contractor must ensure the contract number is listed on the shipping material or packing slip.

7.3.1-11 - Deliverables - July 2008 The Contractor must provide all deliverables described in the statement of work.

7.3.1-12 - Period of Performance - July 2023 The Initial Period of Performance begins on effective date and expires on six (6) months from effective date. If all option periods are exercised, the final expiration date is TBD.

This clause will be updated at award.

See clause 7.5.5-01, Option Period.

7.4.3-01 - Commencement, Prosecution and Completion of Work - July 2008 Contractor is required to (a) commence work under this contract within TBD calendar days after [award of this contract] [the date Contractor receives a notice to proceed from the FDIC], (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than TBD. The time stated for completion includes final cleanup of premises.

7.4.3-02 - Location(s) for Services - July 2008 The location of the buildings in which the services are to be performed are as follows:

(a) FDIC Headquarters at 550 17th Street NW, Washington, DC.

Section F - Deliveries or Performance PAGE 26 OF 207

Section F - Deliveries or Performance PAGE 27 OF 207

Section G - Contract Administration Data

7.3.2-41 - FDIC Personnel - July 2008

(a) FDIC Oversight Manager. The Oversight Manager is the person designated in writing by the Contracting

Officer to represent the FDIC for the purpose of monitoring technical performance and accepting goods or services.

The Oversight Manager is not authorized to issue any instructions or directions which effect any substantive change in this contract, including, but not limited to, an increase or decrease in the price of this contract, or a change in the delivery date(s) or Period of Performance. Specific areas of delegated authority are more particularly defined in the

Oversight Manager Appointment Memorandum. The Oversight Manager is TBD.

(b) FDIC Contracting Officer. The Contracting Officer is the person with FDIC-delegated authority to enter into, modify, administer, and terminate contracts and orders. The Contracting Officer is Diamond Toles who can be reached at ditoles@fdic.gov.

7.5.13-01 - Method of Payment - Electronic Fund Transfer (EFT) - March 2014

(a) Payment methods. Payments by the FDIC may be made by check or electronic funds transfer (EFT), or by a third party in lieu of payment directly from the FDIC, at the option of the FDIC. If the FDIC makes payment by EFT, the FDIC may, at its option, also forward the associated payment information by electronic transfer. Any third party payments will be made by the FDIC''s commercial purchase card issuer. In the event Contractor certifies in writing to the payment office that Contractor does not have an account with a financial institution or an authorized payment agent, the FDIC would make payments by other than EFT.

(b) Contractor Payment Requests. If the FDIC elects for third party payments to be made, Contractor shall make payment requests through a charge to the FDIC purchase card with the third party, at the time and for the amount due in accordance with the terms of this contract. Contractor and the third party shall agree that payments due under this contract shall be made upon submittal of payment requests to the third party in accordance with the terms and conditions of an agreement between Contractor, the Contractor''s financial agent (if any), and the third party and its agents (if any). No payment shall be due the Contractor until such agreement is made. Payments made or due by the third party are not subject to the Prompt Payment Act or any implementation thereof in this contract. Documentation of each charge against the FDIC''s purchase card shall be provided to the Contracting

Officer upon request.

Contractor is required, as a condition to any payment, to maintain current information in the System for Award

Management (SAM) database. Any invoice submitted with incorrect EFT information shall be deemed not to be a proper invoice as defined in the Prompt Payment Act clause herein.

Section G - Contract Administration Data PAGE 28 OF 207

7.5.13-06 - Compensation Ceiling - Contract or Task Order - July 2008 Not-to-Exceed

Period of Performance Ceiling Amount

Initial Period: $________________

Option Period 1: $________________

Option Period 2: $________________

Option Period 3: $________________

Total (if all option periods are exercised): $________________

In no event will total FDIC compensation to Contractor, including any reimbursed costs and expenses, exceed the sum of ________________ Dollars ($__________) for the entire Period of Performance, including the initial period and all options, if any. Contractor must notify the Contracting Officer, in writing, when Contractor has incurred charges amounting to seventy-five percent (75%) of the ceiling amount for each performance period.

7.5.13-12 - Schedule for Invoicing - July 2008 Contractor must submit invoice for each of the following line items as follows:

1. Construction (partial payments based on percentage of completion)

2. Hardware (delivery of the goods)

3. Software (delivery of the goods)

4. Licensing, if applicable (delivery of the goods)

5. Shipping costs (delivery of the goods)

6. Installation of the solution (one payment, when installation and testing are complete and the deliverables are accepted);

7. Solution installation warranty (one payment, simultaneous with the payment for delivery and installation of the solution)

8. On-site support (twelve one payments, paid at the start of the period of performance and end of each month of support)

9. Training (one payment, paid at the end of the training session(s) and delivery and acceptance of the recording(s) and deliverable(s)).

7.5.13-13 - Contents of Invoice - March 2014 Contractor''s invoices must include the following items in order to be processed for payment:

(a) Contractor name, address and phone number.

(b) Invoice date. (Contractors must date invoices as close as possible to the date of electronic transmission to

Section G - Contract Administration Data PAGE 29 OF 207

FDIC.)

(d) Contract Number (e.g., Contract Number, Task Order Number, Delivery Order Number, etc.)

(e) Line Item Number(s), as identified in the contract, and the amount invoiced for each Line Item Number.

(f) Allocation of all hours and expenses to Financial Institution Number (FIN) and Asset Name/Number, if applicable.

(g) Description, quantity, unit of measure, unit price, extended price of goods delivered or services performed.

(h) Total invoice amount.

(i) Payment terms (discount for prompt payment terms).

(j) Remittance address.

(k) Billing Point of Contact (e.g., name (where practicable), title, phone number, and mailing address of person to notify if there are questions regarding the invoice).

(l) Shipping information (e.g., shipment number, date of shipment, bill of lading number and weight of shipment.

Shipping charges, if any, must be shown as a separate item on the invoice).

(m) For time and material or labor hour awards, copies of time sheets in support of direct labor charges.

(n) If travel expenses are reimbursable under the award, Contractor must submit travel documentation, receipts and other proof of expenses as required by the FDIC Contractor Travel Reimbursement Guidelines.

(o) If subcontractor expenses are reimbursable under a labor-hour or time-and-material award, Contractor must:

(1) identify subcontractor expenses and costs separate from prime contractor expenses and costs on the invoice it submits to FDIC;

(2) submit with its invoice, as supporting documentation, a copy of its subcontractor''s invoice when seeking reimbursement of subcontractor expenses.

(p) Pass through costs - If expenses or costs are reimbursable under the terms of the award, a description of each shall be provided in the invoice along with the quantity, unit amount, and total amount. Also, if amounts are derived from application of any formula, calculation, percentage, etc., such application must be clearly evident in the supporting documentation provided with the invoice.

(q) The following certification statement, signed by an authorized company representative:

"This is to certify that the services set forth herein [goods described herein] were performed [delivered] during the period stated.

Contractor''s Authorized Representative Date"

(r) Any other information or supporting documentation required by the award.

If an invoice does not contain the above required information; contains errors; or exceeds the total compensation ceiling limit for this award, the invoice will be returned to Contractor and processing of the invoice for payment will be delayed until the deficiency is corrected.

In addition, the FDIC requires Contractors to maintain current information in the System for Award Management

(SAM) database and complete the annual renewal process, in order to receive timely invoice payments. FDIC may reject any invoice received from Contractor where processing of the invoice cannot be completed because

Contractor has failed to maintain its registration, including electronic funds transfer (EFT) information, in the SAM database.

Section G - Contract Administration Data PAGE 30 OF 207

7.5.13-14 - Electronic Invoice Preparation and Submission (CORHQ Business Unit) -

November 2023 Contractor must follow the FDIC’s electronic invoice preparation and submission instructions stated below:

(a) Contractor must email electronic invoices to the FDIC’s Division of Finance/Accounts Payable (DOF/AP) at the following address: DOFAPInvoice@fdic.gov

(b) Contractor must only email their invoices to the above DOF/AP email address and not the Oversight Manager or

Contracting Officer. The FDIC will not accept hand-delivered invoices or invoices sent to any other address (i.e., FDIC street address or any other email addresses).

(c) Contractor must submit the electronic invoice as a single file document, in PDF or Excel (.xlsx) format. If the size of a single PDF/Excel file exceeds 30 MB, the invoice may either be submitted as two PDF/Excel files, with neither

PDF/Excel file exceeding 30 MB, or it may be submitted as a zip file that does not exceed 30 MB. If two PDF/Excel files are used, each email must clearly identify that the invoice has been separated into two PDF/Excel files to accommodate the size limitation. If a zip file is used, the individual files inside the zip file must be kept to a minimum and each must have a descriptive file name, such as "Invoice cover page", "Timesheets", etc.)

If submitting in Excel, the following applies:

(1) The Excel file must be formatted in a manner acceptable to the Contracting Officer. The first tab or worksheet

(“Sheet”) in the Excel workbook must be the invoice itself, and subsequent tabs may be used for supporting information and calculations;

(2) The entire workbook (all tabs) must be formatted for printing in portrait format using letter-size pages, unless the Contracting Officer allows for landscape format and/or legal-size pages for one or more specified tabs;

(3) The entire workbook must allow for searching, sorting, filtering, and other data viewing options by FDIC personnel. All formulas in cells must be visible to FDIC personnel;

(4) Any unit price or hourly rate must be an exact amount as rounded and displayed in the contract schedule or pricing attachment, and all calculations using the unit price or hourly rate must use that exact displayed amount.

The Contractor must not use a unit price or hourly rate on an invoice that differs from the amount displayed in the contract. For example, if a unit price or hourly rate is displayed as $135.15 in the contract, all calculations in the workbook must be based on $135.15 (with no decimals beyond the cent), and must not be based on a pre-rounded amount from elsewhere in the Contractor’s systems; and

(5) Any cell containing a calculation or formula using dollar amounts must be rounded to two decimal places (no decimals beyond the cent). This rounding guideline must be applied to both intermediate and final calculations.

(d) Contractor must not include more than one electronic invoice in the same email. (For example, if a Contractor has four task orders, a separate email with a single invoice must be submitted for each of the four task orders.)

(e) Contractor must name the PDF/Excel file or zip file in the following format (with invoice date shown as year/month/date followed by a space and the invoice number):

Invoice date and invoice number (e.g., 2023-01-31 1067876)

(f) Contractor’s email subject line must include the words, “Contractor Invoice”, followed by a hyphen and the

Section G - Contract Administration Data PAGE 31 OF 207

Contract Number (or Task Order Number, or Delivery Order Number, as applicable), as shown in the example below:

"Contractor Invoice – CORHQ-23-C-0000"

(g) Task Assignments: For contracts and task orders containing provisions for Task Assignments, a separate invoice must be submitted via a separate email for each Task Assignment.

(h) The counting of days for Prompt Payment begins on the date the invoice is received in the inbox of the DOF/AP email address, until 4PM. Invoices received after 4PM will be counted as being received the following FDIC workday.

Section G - Contract Administration Data PAGE 32 OF 207

Section H - Special Contract Requirements

7.1.3-02 - Post-Government Employment Certification (Post-Award) - May 2009 Any former Federal Deposit Insurance Corporation (FDIC) or Resolution Trust Corporation (RTC) employee who the contractor intends to use in performance of work under the contract or its subcontracts must complete and submit the post-government employment certification found at FDIC website https://www.fdic.gov/buying/goods/acquisition/index.html. The certification must be submitted to the Contracting

Officer prior to the former employee commencing work under the contract. The FDIC Legal Division Ethics Unit will review the certification to determine compliance with the post-government employment restrictions. The former employee may be required to provide additional information as to their position and responsibilities while employed at FDIC or RTC and as a post-government employee working on the FDIC contract or subcontract.

7.3.2-43 - Key Personnel - January 2023

(a) The following key personnel are essential to the proper performance of Contractor''s duties under this contract:

Name Title

(b) Contractor must make the above named key personnel available for performance under this contract as long as such persons are employed by Contractor or its related entities. All key personnel changes must be authorized in writing by the FDIC Contracting Officer prior to the new key personnel beginning work. Contractor must give a minimum of a 14-day advance written notice to the FDIC Contracting Officer of any proposed substitutions of key personnel. The notice must describe the reason for the proposed change and give the name of the proposed substitute individual with a description of their educational and professional background. A completed background investigation questionnaire is required for any key personnel that will work on-site and have unescorted access to

FDIC offices or facilities, have access to FDIC networks/systems, or have access to sensitive information. The determination of acceptability of proposed substitute personnel is in the sole discretion of the FDIC.

7.3.2-78 - Commercial Supplier Agreement Terms and Conditions - September 2021

1. Definitions:

A. “Commercial item” means any of the following: [Note: For purposes of this document, the term "commercial item" is interchangeable with the terms "commercially available”, "commercially available software”, "commercial

Section H - Special Contract Requirements PAGE 33 OF 207 component(s)", "commercial product(s)", and "commercial off-the-shelf (COTS)”.]

(1) Any item, other than real property, that is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes and that has been sold, leased, licensed to the general public; or has been offered for sale, lease, or license to the general public.

(2) Any item that evolved from an item described in paragraph (1) through advances in technology or performance and that is not yet available in the commercial marketplace, but will be available in the commercial marketplace in time to satisfy the delivery requirements under a government solicitation.

(3) Any item that would satisfy a criterion expressed in paragraphs (1) and (2) of this definition, but for (i) modifications of a type customarily available in the commercial marketplace; or (ii) modifications of a type not customarily available in the commercial marketplace made to meet Federal government requirements.

(4) Any combination of items meeting the requirements of paragraphs (1), (2), (3), or (5) of this definition that are of a type customarily combined and sold in combination to the general public.

(5) Installation services, maintenance services, repair services, training services, and other services if such services are procured for support of an item referred to in paragraph (1), (2), (3), or (4) of this definition, and if the source of such services--(i) offers such services to the general public and the Federal government contemporaneously and under similar terms and conditions; and (ii) offers to use the same work force for providing the Federal government with such services as the source uses for providing such services to the general public.

(6) Services of a type offered and sold competitively in substantial quantities in the commercial marketplace based on established catalog or market prices for specific tasks performed under standard commercial terms and conditions. This does not include services sold based on hourly rates without an established catalog or market price for specific service performed.

(7) Any item, combination of items, or service referred to in paragraphs (1) through (6), notwithstanding the fact that the item, combination of items, or service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.

(8) Any item determined by the procuring agency to have been developed exclusively at private expense and sold in substantial quantities, on a competitive basis, to multiple state and local governments.

B. “Commercial supplier agreements” means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of “commercial item” and intended to create a binding legal obligation on the end user, such as, but not exclusively, those used in information technology acquisitions, including acquisitions of commercial computer software and commercial technical data. Such agreements may be referred to as Terms of Service (TOS), End User License Agreement (EULA) or another similar legal instrument or agreement and may be presented as a part of a proposal or quotation responding to a solicitation for contract or order. The term applies, regardless of the format or style of the document, whether in paper or electronic form.

2. Applicability. The following terms and conditions apply to any commercial supplier agreement as defined in this clause. These terms take precedence and supersede any conflicting or contrary terms in a contractor, subcontractor or associated third party Commercial license agreement. When any supply or service acquired under

Section H - Special Contract Requirements PAGE 34 OF 207 this contract is subject to a commercial supplier agreement, the terms of this clause shall be deemed incorporated into the commercial supplier agreement. In addition, the Commercial Supplier Agreement is a part of a contract between the commercial supplier and the FDIC for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders). For accepted terms under the commercial supplier agreement, the ordering activity FDIC may be bound as end user, but a

Government employee or person acting on behalf of the government in his or her personal capacity will not be bound. The commercial supplier or license agreement may be incorporated into an FDIC contract as modified by this clause. If a Commercial Supplier Agreement is not required for the goods and services performed by the contractor, all the terms listed below in this clause are not applicable to the contract.

3. Contract Formation. All terms intended to bind the FDIC must be included in static text form within the contract signed by the FDIC. Neither the FDIC nor any authorized end user shall be deemed to have agreed to any terms in the commercial supplier agreement or any terms of any associated third-party agreement by a click box or other comparable mechanism (e.g., “click-wrap” or "browse-wrap" agreements) and such purported execution does not bind the FDIC or an authorized end user and is null and void.

4. Authorization. By executing the Contract, Contractor represents that it is duly authorized to enter into the

Contract, including any amendments to the commercial supplier agreement as incorporated into the contract.

5. Venue. Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

6. Limitations on Actions. Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

7. Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, binding arbitration shall not be used unless specifically authorized by a FDIC guidance, and equitable or injunctive relief, including award of attorney fees, costs or interest, may be awarded against FDIC only when explicitly provided by statute (e.g. Prompt Payment Act). Any terms in the commercial supplier agreement requiring that disputes be submitted to arbitration or that claims the supplier has the right to injunctive relief, attorney fees, costs or interest is null and void and shall not be enforceable against the Government.

8. Updating Terms. After award the contractor may unilaterally revise terms if they are not material. A material change is defined as: (A) Terms that significantly change Government’s rights or obligations; and (B) Terms that increase Government prices; (C) Terms that decrease overall level of service; or (D) Terms that limit any other

Government right addressed elsewhere in this contract. For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification. Any terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

9. Representation. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. § 516 or FDIC under 12 U.S.C. §

1819, unless otherwise provided by Federal law.

Section H - Special Contract Requirements PAGE 35 OF 207

10. Warranties and Disclaimers. FDIC will accept the contractor’s commercial warranty, but does not accept a disclaimer of the implied warranty that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. Additionally, FDIC does not accept a disclaimer of any warranties expressly provided for in the Contract.

11. Limitation of Liability. All limitations of liability accepted by FDIC shall only apply to claims based on contract and any limitations related to tort or other causes of action shall not apply and shall be null and void and unenforceable against the government. Notwithstanding anything to the contrary in the commercial supplier agreement, nothing in the contract or the commercial supplier agreement shall impair the U.S. Government''s right to recover for fraud or crimes arising out of or related to this Government contract under any federal fraud statute, including but not necessarily limited to the False Claims Act, 31 U.S.C. §§ 3729-3733.

12. Audit. Any audit requested by the contractor will be at the contractor’s or Licensor’s expense without reimbursement by the FDIC. Further, such audit may only be conducted if the auditor satisfies the FDIC’s security requirements for access to its facilities, systems and information.

13. Term and Termination. Neither the Contractor nor Licensor can unilaterally revoke, terminate or suspend an

Agreement or any associated rights granted to the FDIC. In the event of a dispute, the requirements specified in the Disputes paragraph of this document would apply.

14. Continued Performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the FDIC to be in breach of the agreement, it shall pursue its rights under the Disputes Clause of the contract or other applicable

Federal statute while continuing performance.

15. Confidentiality. If the agreement includes a confidentiality clause, it shall be amended to state that the

Government and Government employee’s obligations with regard to confidentiality are governed by statute, such as, but not exclusively, the Trade Secrets Act, 18 U.S.C. § 1905 and the Freedom of Information Act, 5 U.S.C. §

552. To the extent that the confidentiality language conflicts or in any way purports to alter the Government or

Government employee’s obligation with regard to confidentiality, such language shall be null and void and will not be enforceable against the Government.

16. Indemnification. Any language requiring the FDIC to indemnify a contractor or related third-party licensor is null and void and is unenforceable against the Government.

17. Automatic Renewal. Except as otherwise expressly agreed to by the FDIC, any provision of an Agreement requiring automatic renewal of the Agreement is unenforceable against the FDIC.

18. Integration. Any integration clause shall be amended to recognize the associated Contract and these terms and conditions as part of an “entire agreement.”

19. Disputes. If the supplier or licensor believes FDIC is in breach of the Agreements, it shall pursue its rights under the Disputes clause of the Contract and Federal laws and performance under the Contract shall continue pending resolution of the dispute.

20. Governing Law. This agreement shall be governed by Federal law. Any language purporting to subject the

Section H - Special Contract Requirements PAGE 36 OF 207

U.S. Government to the laws of a U.S. state, U.S. territory, district, or municipality, or a foreign nation, except where

Federal law expressly provides for the application of such laws, is hereby deleted.

21. Assignment. Neither the Contract nor these Agreements, as amended, shall be assigned, nor may any rights or obligations be delegated, without FDIC’s prior approval, except as permitted pursuant to Clause 7.6.5-05, Assignment of Claims.

22. Payment. The FDIC Contract governs the purchase and payment of fees. Payment for awards made by the

FDIC in its corporate capacity are subject to the Prompt Payment Act. 31 USC §§ 3901-05.

23. Taxes. The FDIC is exempt from paying any City, County, State, and Federal taxes as provided by Tax

Exempt Certificate No. 53-0185558.

24. Force Majeure. Failure to perform this contract according to its terms is excusable and not an event of default if the failure to perform is caused by events beyond the control of Contractor, and through no fault or negligence of

Contractor.

7.4.2-02 - Off-site Processing and Storing of FDIC Information - August 2018

(a) Control and Protection of FDIC Information. The Contractor shall implement effective, administrative, technical, and physical safeguards to ensure that all FDIC information in its possession or under its control is adequately protected from loss, misuse, and unauthorized access or modification.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated Jan 3, 2025.