RFP-NMB-13-0001_Website_re-design.pdf

Dear Sir or Madam:

NATIONAL MEDIATION BOARD

1301 K Street NW, Suite 250 East

WASHINGTON, D.C. 20005

(202) 692-5000

May 20,2013

The National Mediation Board (NMB) is issuing request for Proposal (RFP) Number RFP-NMB- 13-0001 for website redesign.

Offerors are required to review the entire RFP and provide all information requested.

This procurement is a Firm Fixed-Price contract.

Offers shall be submitted electronically to pacOI@nmb.gov no later than June 14,2013 at 4:00 p.m. (EST) and must state RFP-NMB-13-0001 website redesign, ATTN: B. ConwardlM. Alston in the subject line.

Offerors shall ensure they follow the instructions and submit all materials requested throughout the RFP.

Any questions regarding this RFP shall be submitted in writing to pacOl@nmb.gov and must state RFQ-NMB-13-000 I website redesign ATTN: B. ConwardiM. Alston in the subject line no later than 4:00 p.m. (EST), June 7, 2013 . We cannot assure an answer to questions submitted after this deadline. Any questions and/or comments received are not considered proprietary and will not be protected by the Government.

Prospective offerors are cautioned against discussing the preparation oftheir offer or asking technical questions ofNMB personnel. Discussions with NMB personnel concerning the specifications, pricing, or any technical matters are strictly forbidden. Verification of any such improper conduct may result in immediate rejection of the offeror's proposal. Accordingly, all communications prior to award shall be directed to B. ConwardiM. Alston, via email at pacOl@nmb.gov.

We appreciate your interest in participating in the procurement and look forward to receiving your proposal.

Michael Alston Contracting Officer

NATIONAL M EDIATION BOARD

1301 K Street, N.W., Suite 250 East

WASHINGTON, D.C. 20005

I. INTRODUCTION

(202) 692-5000

Request for Proposal Website Redesign

The National Mediation Board (NMB) requests a design and implementation for a new, single website incorporating both the current agency website (www.nmb.gov) and the agency's Lyceum (http: //nmblyceum.info/). The new website is expected to be easy to navigate and have state-of-the-art features with a clean and distinctive look and feel. The new website will be deployed and hosted in a GSA-approved cloud environment and made compatible with federal government requirements and advanced web standards. The NMB is a micro-agency with very limited staff; therefore cost and maintainability will be very important.

II. BACKGROUND

The NMB is an independent federal agency established by the 1934 amendments to the Railway Labor Act of 1926 (RLA). Pursuant to the RLA, NMB programs provide an integrated dispute resolution process to effectively meet the agency's statutory objective of minimizing work stoppages in the ai rline and railroad industries.

Each Federal agency is required to have a website with certain pages and hyperlinks on it including FOIA, Open Government, US Government Gateway, etc. It must meet A-130 requirements and any other requirements (i.e., the Website must be 508 Compliant).

III. SCOPE OF WORK

The winning contractor will be required to provide functional, online prototype samples for three unique prototypes, using selected customer text and data from the current MB Website (www.nmb.gov) and Lyceum (http://nmblyceum.infoD. Each design will depict distinct concepts range from Traditional to Contemporary to Futuristic, including at least a Portal (landing or Home page) and sample system pages. The NMB may choose to mix or match parts of the proposal or make other changes. Allow up to 2 rounds of customer-specified design edits during the creation phase before implementing the entire project. Based on the selected website design, the contractor will fully develop the new NMB website using at least a sample of content available in the current NMB website at www.nmb.gov and Lyceum (www.nmblyceum.info).

The NMB will provide to the contractor any content not currently incorporated in the NMB website and Lyceum HTML, MSWORD, plain text, PDF fonnat or other fonnat mutually agreed upon by the contractor and the NMB. Allow up to four (4) rounds of edits during production phase. All four production rounds need to be accessible to the NMB on the site location specified by the NMB. The new NMB website is to be available for public use no later than September 30,2013.

The contractor will coordinate as necessary with the MB website Host to insure proper implementation of the new website. The contractor is responsible for all aspects of this proposal, including any sub-contractor portions, software, graphics/photos needed per the Design, etc. An electronic copy of the final files will be delivered on DVD and directly loaded to the NMB Website Host in html fonnat along with specifications to industry standards.

IV. DESIGN REQUIREMENTS

• The Home Page/Landing Page of the new website will serve as a Portal for "all things

NMB".

• For starters, see current NMB website (www.nmb.gov) and the NMB Lyceum (www.nmblyceum.info/). Content of these two sites will be merged into a single website.

• Landing page: Create NMB AlertslNotices window. This window will sequentially display the latest MB notices, arbitration notices and the Press Releases (PRs) such as available in the current What's New page. Absent notices and PRs, this window will randomly run a variety ofNMB related photos.

• In addition to contractor-proposed page changes, new pages may be required, such as for a Chief of Staff page and a Rulemaking page. Other pages may be merged, such as the Mediation and ADR page.

• Make finding infonnation intuitive, clear and easy. If appropriate to your design, include a Navigation Path (breadcrumbs) and also mark pages already accessed in any given session.

• Make updating or modifying content easy.

• Make it easy to technically maintain and enhance the website.

• Include a robust Search Engine.

• Include a multi-language translation utility.

• Enable Video Streaming and YouTube for training, congressional hearings, etc.

• Sort Function for all fixed Tables of Infonnation such as Detenninations on current website

• Optimize the website for Mobile devices: iPad, cell phones, tablets, etc.

• Develop standard reference library of NMB Widgets, styles and themes

National Mediation Board Website Redesign Solicitation

• Include Contact Fonns or Email Hyperlinks for Inquiries and Comments

• Use standard NMB header and footer elements

V. OPTIONAL FEATURES

• Event Calendar (training sessions, mediation-case meetings, representation case milestones)

• RSS Page Feeds whereby users can subscribe to get Page-change Notifications by email.

• Online-fillable Fonns for Applying for NMB Services

• Social Media for Blogs, Discussion Streams, & Forums: Twitter, Facebook, Tumbir, YouTube, Pinterest, Google+, LinkedIn, Instagram, Foursquare

• Other vendor-proposed features

VI. TECHNICAL REQUIREMENTS

• Any support/design/content management software must be off-the-shelf and nonproprietary

• The website must be OMB Circular A-130 and Section 508 Compliant

• Migrate the current Website (www.nbm.gov) and content to the NMB specified cloud-based server, making it fully operational thereon

• Migrate the NMB Lyceum (www.nmblyceum.info) and content to the NMB specified cloud-based server, making it fully operational thereon

• Browser compliance: Chrome 26.0+, Firefox 20.0+, IE 10+, Safari 6.0+

• Vendor to supply standard NMB widgets library and standard NMB style sheets/themes separate from deployed website on DVDs

• NMB prefers industry standard, well-documented software

• Identity Management from Google Apps (Employee only section)

• For future maintainability o Analytics (e.g., Web Trends Report) o Unit test scripts and regression test scripts required o Favicon.ico

• Deployed on GSA approved cloud web hosting. Google AppEngine or Google Sites are preferred.

VII. TRAINING

• Train up to ten (10) NMB-selected staff users on Use of the new website.

• Train up to five (5) NMB Technology Staff in maintaining, modifying and upgrading the website.

VIII. TECH-SUPPORT REQUIREMENTS

• Warranty six (6) months: provide tech support to NMB Technology staff during the first 6 months of online operations.

• Specify the mode and level ofthe support proposed.

IX. SECUIRITY REQUIREMENTS

• FISMA Low on GSA-approved Hosting

• Documented Administrative Procedures

• Multi-factor login for privileged users

• Identity and authorization control for NMB Employees only

• Federal System Usage Notification on all Logins

• System Access Logs for Incident Response

X. COST REQUIREMENTS

• Specify all costs associated with your proposal

• Separately specify any start-up or on-going cost items, outside of this proposal, which the NMB can expect to incur to host, implement, and maintain the proposed website

• Any related, additional costs incurred to the contractor will require prior written or emailed approval by NMB

• List your Customer Alterations (CA) rate per hour for both design and production.

Website edits beyond allotted rounds may be billed at the CA rate with prior customer notification and approval.

XI. MILESTONES & DELIVERABLES

The final schedule will be worked out between the winning contractor and the NMB.

National Mediation Board WebSite Redesign Solicitation

• BY 05-17-13: NMB to release Request for Proposal

• BY 06-14-13: Deadline ofNMB receipt of Proposals

• BY 06-28-13: NMB to make final selection of contractor

• BY DATE: Kickoff Meeting with NMB in reference to the general direction of design

• By DATE: Migrate current systems (Website and Lyceum) and content to new "in the cloud" site to be specified by the NMB. Restrict access to the new site to select Designer and NMB personnel during development. Keep both current systems in place; NMB staff will delete old website and Lyceum when appropriate

• By DATE: Provide methodology, functions and designs of three (3) prototypes demonstrating features desired by the NMB or proposed by the contractor

• By DATE: NMB will choose one prototype to be fully developed with the NMB option of mix-and-matching elements of the three prototypes

• BY DATE: The first full prototype with at least sample content on every page is to be available online on the NMB-specified location and make accessible for selected vendor and NMB personnel

• By DATE: Commence the first of 4 Rounds ofNMB Review & Modifications

• By DATE: Commence the second of 4 Rounds of NMB Review & Modifications

• By DATE: Commence the third of 4 Rounds ofNMB Review & Modifications

• By DATE: Commence the last of 4 Rounds of NMB Review & Modifications

• By DATE: Activate the new website for all NMB internal users and commence a 30-day "test and review" period

• By DATE: Vendor to make and implement changes discovered during the "test and review"

• By DATE: NMB to provide Final Approval

• By DATE: Final files will be delivered on DVD in html format along with specifications to industry standards

• By DATE: The new NMB website is to be available for agency and public users by September 15,2013

XII. PROPOSAL DUE

All Proposals are due to NMB onlbefore June 14,2013.

Submissions will be deemed timely if received in the NMB Office in Washington, DC, or Shipped on a Priority basis by 4:00 pm on June 14,2013. Proof of shipment date and time will be required if proposal not received by this date and time.

Offerors can mail their proposal to:

National Mediation Board 1301 K Street N.W., Suite 250 East Washington, DC 20005 Attn: B. Conward/M. Alston

Offerors can email their proposal to:

pacOl @runb.gov

When submitting your proposal via email please include the following information in the subject line: RFP-NMB-13-0001 website redesign AITN: B. Conward/M. Alston

Any questions regarding this RFP shall be submitted in writing to pacOI @nmb.gov and must state RFP-NMB- 13-0001 website redesign AITN: B. Conward/M. Alston in the subject line no later than 4:00 p.m. (EST), June 7, 2013. We cannot assure an answer to questions submitted after this deadline. Any questions and/or comments received are not considered proprietary and will not be protected by the Government.

XIII. PERIOD OF PERFORMANCE

The contract start date shall commence with the date of contract award. The period of performance shall be for 6 months.

XIV. CONTRACTOR-SELECTION CRITERIA

This will be a best value procurement based on the following factors:

• Total cost of proposal including any required implementing, production or support software

• Proposed features

• Proposed method of updating website content

• Proposed method of modifying website structure, look and function

National Mediation Board I Website Redesign SoliCitation

• Quality and scope of work samples (hard copy, electronic or hyperlinked) provided by the bidder

• Estimated cost to the NMB for hosting proposed website

• Estimated cost to the NMB for software licensing to support the proposed website

• Expected on-going cost to the NMB for maintenance

• Experience of staff doing the work for this RFP; resumes required

• Past Performance References (3 required)

XV. INVOICES

An invoice shall be submitted when the project is completed:

• Electronically to: accountspayabJe@bpd.treas.gov

• Via mail to:

Accounts Payable Branch Avery 3F Bureau of the Public Debt P.O. Box 1328 Parkersburg, WV 26106-1328

• A courtesy copy should be sent to the COTR via email

• All invoices shall include the vendors DUNS Number

Submission of invoices:

• The invoice shall detail the services rendered and shall identify the period of performance the invoice covers.

• The invoice shall contain a statement signed by a responsible official of the concern substantially similar if not identical to the following:

I certify that the items above have been delivered in accordance with the contract, and that all charges are true, correct, and have not been previously billed.

Contractor's Signature

The Bureau of Public Debt (BPD) will return all improper invoices without action.

Interest on Overdue Payment

National Mediation Board I Website Redesign Solicitation

• Detennination of interest due will be made in accordance with the provisions of the Prompt Payment Act and Office of Management and Budget Circular A-125.

Payment Tenns

• The payment tenns for this contract will be Net 30. Unless otherwise specified in the contract, payments under this contract will be made on 30th calendar day after the later of

• The date of actual receipt of a proper invoice in the Accounts Payable Branch - BPD, the office designated to receive the invoice, or

• The date tasks are fonnally accepted by the Government.

• If the services covered by a submitted invoice are rejected for failure to confonn to the technical requirements of this contract, the provisions stated above will apply to the properly resubmitted document.

XVI. CONTRACT TERM

The contract consists of a six month period.

XVII. PERORMANCE EVALUATION

This contract is subject to a perfonnance evaluation of the contractor by the NMB. Following the end of the contract period and at contract completion, a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor's comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the NMB. The final evaluation of the contractor's perfonnance is the decision of the NMB. A copy of the final perfonnance evaluation report shall be sent to the contractor and to the Government's corporate memory system.

XVIII. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)

APPOINTMENT AND AUTHORITY (April 2004)

a. The contracting officer's technical representative will be named at award.

b. Perfonnance or work under this contract must be subject to the technical direction of the COTR identified above, or a representative designated in writing. The tenn "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

c. Technical direction must be within the scope of the specification(s)/work statement. The COTR does not have authority to issue technical direction that:

I. constitutes a change of assignment or additional work outside the specification(s)/work statement;

2. constitutes a changes as defined in the clause entitled "Changes";

3. in any manner causes an increase or decrease in the contract price, or the time required for contract perfonnance;

4. changes any ofthe tenns, conditions, or specification( s )/work state of the contract;

5. interferes with the contractor's right to perfonn under the tenns and conditions of the contract; or

6. Directs, supervises or otherwise controls the actions of the contractor's employees.

d. Technical direction may be oral or in writing. The COTR shall confinn oral direction in writing within five workdays, with a copy to the contracting officer.

e. The contractor shall proceed promptly with perfonnance resulting from the technical direction issued by the COTR. If, in the opinion of the contractor, any direction of the COTR, or hislher designee, falls within the limitations in (c), above, the contractor shall immediately notify the contracting officer no later than the beginning ofthe next Government work day.

f. Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the tenns of the clause entitled "Disputes".

XIX. PRIVACY ACT (April 1984)

a. The Contractor agrees to --

1. Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies --

a. The systems of records; and

b. The design, development, or operation work that the contractor is to perform;

2. Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and

3. Include this clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records.

b. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purpose of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency.

c. 1. "Operation ofa system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

2. "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph.

3. "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

XX. TECHNICAL AND PAST PERFORMANCE PROPOSAL

The Offeror's proposal shall address the following:

I. TECHNICAL

Technical approach--The offeror shall describe their systems in a manner that demonstrates, in detail, how the statement of work will be accomplished. Elaborate proposals are not required as the technical evaluation will focus on substance and not showmanship. Written proposals must describe the offeror's understanding and approach to satisfying the stated requirements. Proposals must demonstrate the offeror's knowledge of website re-design and development services.

2. PAST PERFORMANCE

Past Performance-The Offeror shall submit a description of the last (3) contracts (Government or Commercial) awarded to the Offeror for the same or similar services completed. The following information must be included for each reference:

a. Contract title

b. Contract number

c. Name of Government or commercial contracting activity, address and telephone number

d. Procuring Contracting Officer's name and telephone number

e. Procuring Project Officer's name and telephone number

f. Date of contract award and period of performance, including options.

g. Contract type

h. Contract award amount

1. Final, or project final, contract price/cost

j. Brief description of the requirement

k. Description of contract performance to include a brief explanation of any problems or delays encountered (including how many times the offeror has not been able to provide the required budget and financial services requested and what methods or resources were put in place to meet the customers future needs) and any corrective actions taken in regards to either cost, schedule, or performance.

3. PRICING PROPOSAL

The Pricing Proposal shall include a finn-fixed price.

Evaluation Criteria and Basis for Award

The NMB intends to make an award to the Offeror whose proposal, confonning to this Request for Quotation, is detennined to represent the best value to the Government, price and other factors considered.

Offeror's proposals will be evaluated in three areas: Technical, Past Perfonnance and Price. Past Perfonnance and technical when combined are approximately equal to price.

The Contracting Officer will evaluate the technical merits of each proposal and past perfonnance together with the price to detennine the proposal offering the best value to theNMB.

As technical merit and past perfonnance become more equal among Offerors, price will have more significance in detennination of award. As price becomes more equal among Offerors, technical merit and past perfonnance will have more significance in detennination of award. NOTE: The Government will not make an award at a significantly higher overall cost to the Government to achieve slightly superior technical perfonnance or capability.

CLAUSES APPLICABLE TO THE A WARDED CONTRACT:

52.212-4 Contract Tenns and Conditions-Commercial Items (MAR 2009)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that confonn to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconfonning supplies or reperfonnance of nonconfonning services at no increase in contract price. If repair/replacement or reperfonnance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconfonning supplies or services. The Government must exercise its post-acceptance rights-

(1 )Within a reasonable time after the defect was discovered or should have been discovered and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of perfonnance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Government wide commercial purchase card), the Contractor may not assign its rights to receive payment tinder this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure ofthe parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(t) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor~

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number~

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill oflading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered~

(vii) Name and address of official to whom payment is to be sent~

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(a) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(b) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration), or applicable agency procedures.

(c) EFT banking information is not required if the Government waived the requirement to pay by EFT

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.

3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(a) Circumstances ofthe overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, and daters) of overpayment);

(b) Affected contract number and delivery order number, if applicable;

(c) Affected contract line item or sub line item, if applicable; and (d) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95.563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six· month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. •

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(a) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(b) The Contractor fails to liquidate a debt previously demanded by the

Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(c)The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607·2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(a) The date fixed under this contract

(b) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(a) The date on which the designated office receives payment from the Contractor;

(b )The date of issuance of a Government Check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(c)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of Loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k)Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(i) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work.

Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law, If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(0) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, efseq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.c. 265 and 10 U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and

Compliance with Laws Unique to Government Contracts paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Data Universal Numbering System (DUNS) Number (FAR 52.204-6) (Oct. 2003)

(1) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed by the DUNS number or "DUNS+4" that identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine-digit number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11) for the same parent concern.

(2) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(3) An offeror may obtain a DUNS number-

(i) Iflocated within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or

(ii) Iflocated outside the United States, by contacting the local Dun and Bradstreet office.

(4) The offeror should be prepared to provide the following information:

(i) Company legal business name.

Oi) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical).

(v) Company telephone number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officerlkey manager.

Ox) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

FAR 52.204-99 SYSTEM FOR A WARD MANAGEMENT REGISTRATION

(AUGUST 2012) (DEVIATION)

(a) Definitions. As used in this c1ause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

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(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file . This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering system+4 (DUNS+4) number" means the DUNS number means the number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the SAM database;

(2) The Contractor's CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Govenunent repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Govenunent;

(2) Prospective contractor submitted alU1ual representations and certifications in accordance with FAR Subpart 4. 12; and

(3) The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non-procurement common rule by agencies, Govenunent corporations, or by the Govenunent Accountability Office.

(b) (l) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM registration shall be for the same name and address identified on the contract, with its associated CAGE code and DUNS or DUNS +4.

(3) If indicated by the Govenunent during performance, registration in an alternate system may be required in lieu of SAM.

(c) If the Contractor does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) A contractor may obtain a DUNS number-

(i) Via the internet at http://fedgov.dnb.com/webform orifthecontractordoesnothaveinternetaccess, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The contractor should indicate that it is a contractor for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The Contractor should be prepared to provide the following information:

(i) Company legal business name.

(ii) Trade-style. doing business, or other name by which your entity is commonly recognized.

(iii) Company physical street address, city, state and Zip Code.

(iv) Company mailing address, city, state and Zip Code (if separate from physical) .

(v) Company telephone number.

(vi) Date the company was started

(vii) Number of employees at your location

(viii) Chief executive officerlkey manager

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) Reserved.

(e) Processing time for registration in SAM, which normally takes five business days, should be taken into consideration when registering. Contractors who are not already registered should consider applying for registration at least two weeks prior to invoicing.

(f) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating infonnation in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (l) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer sufficient documentation to support the legally changed name with a minimum of one business day's written notification of its intention to-

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR; and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer.

(ii) If the Contractor fails to comply with the requirements of paragraph (g) (1) (i) ofthis clause, or fails to perform the agreement at paragraph (g) (J) (i) (C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM infonnation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect infonnation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database.

Infonnation provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect infonnation within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

(h) Contractors may obtain infonnation on registration and annual confirmation requirements via the SAM accessed through https:llwww.acquisition.gov or by calling 866-606-8220, or 334-206-7828 for international calls.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (MAR 2009)

ALTERNATE II (MAR 2009)

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(a) The contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items;

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.c. 7104(g».

Alternate I (Aug 2007) of 52.222-50 (22 U .S.C. 71 04(g».

(2) 52.233-3, Protest After Award (AUG 1996) (31 U .S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L 108-

77,108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions oflaw or Executive orders applicable to acquisitions of commercial items:

Contracting Officer Check as appropriate.

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.c. 253g and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (pub. L. 110- 252, Title VI, Chapter 1 (41 U.S.C. 251 note», (applicable to contracts over $5 Million).

X (3) 52.219-3, 52.219-3 Notice of Total HUBZone Set-Aside)(Jan 1999) (15 U.S.C. 657a).

With the exception of Paragraph (b), FAR 52.219-3 shall be incorporated by reference in any contracts awarded to HUBZone small business concerns.

X (4) 52.203-15 Whistle blower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009)

X (5) 52.204-11 American Recovery and Reinvestment Act-Reporting Requirements (MAR 2009) (in full text for information purposes following this clause)

X (6) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.c. 657a).

(7) [Reserved]

(8) (i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 US.C. 644).

_ (ii) Alternate I (Oct 1995) of 52.219-6.

_ (iii) Alternate II (Mar 2004) of52.219-6.

X (9)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.SC. 644).

_ (ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

X (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3»).

X (11)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)

_ (ii) Alternate I (Oct 2001) of 52.219-9.

_ (iii) Alternate 11 (Oct 2001) of52.219-9.

X (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.c. 637(a) (14)

(13) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)

(4) (F) (i).

(14) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

_ (ii) Alternate I (June 2003) of 52.219-23.

X (15) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(16) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(17)52:219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set Aside (May 2004) (15 U.S.C. 657 D.

X (18) 52.21.9-28, Post Award Small Business Program Representation (June 2007) (15 U.S.C. 632(a) (2».

X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(20) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2008) (E.0.13126).

X (21) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X. (22) 52.222-26, Equal Opportunity (Mar 2007) (E-O. 11246).

X (23) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U .S.c. 4212).

X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.c.

793).

X (25) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the

Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).

X (26) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or

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