SAQMMA13R0211A001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE RATING

2. AMENDMENT/MODIFICATION NO.

A001

3. EFFECTIVE DATE

04/12/2013

4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

LMAQMCODE

OFFICE OF ACQUISITION MANAGEMENT

(A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

Michael S. Dickson

NAME

703-875-6688

TEL.

dicksonms@state.gov

EMAIL

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NO.

SAQMMA13R0211

CONTACT DUNS

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

03/27/2013

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended, Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning ____copies of the amendment;(b)By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.X

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

This amendment extends the due date for proposals to 1200EDT on 04/30/2013.

Another amendment addressing all questions submitted in response to this solicitation will be posted in the near future.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Robert B. Wissman

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

NSN 7540-01-152-8070

Previous edition unusable

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SAQMMA13R0211

INDEFINITE QUANTITY CONTRACT ON OPEN MARKET

BASIS

(To Be Determined At Time Of Contract Award)

001 INDEFINITE QUANTITY CONTRACT ON OPEN MARKET

BASIS

See Exhibit 1 for line items and pricing configuration.

Period of performance will be one twelve (12) month base period and four one (1) year option periods.

0.00 0.00

0.00 EA

Doc Ref No:

Delivery Date FOB:

List of Attachments Identifier Title Date Number of

Pages 1 Attachment A - Vendor Proposed Configuration Worksheet 02/14/2013 11 2 Attachment B - Past Performance Customer Satisfaction Survey 11/30/2012 2 3 Attachment C - Similar Experience Contract Profile 11/30/2012 1 4 Attachment D - 508 GPAT for Desktops 11/30/2012 23 5 Attachment E - 508 GPAT for Monitors 11/30/2012 22 6 Exhibit 1 - Contract Line Items and Pricing Configuration 03/27/2013 5

Part I OVERVIEW

1. INTRODUCTION

1.1. Background

The U.S. Department of State (DoS) Information Resource Management, Global Information Technology Modernization program (IRM/OPS/ITI/GITM) supports the President's Management Agenda initiative of expanded electronic government by employing common information technology (IT) that facilitates seamless information sharing across agencies. GITM also supports the DoS' efforts for IT Consolidation, and the DoS' Strategic Architecture and Strategic Plan. Utilizing a five-year refresh cycle for monitors and a four-year refresh cycle for desktops, GITM visits each funded mission domestic and abroad and receives modernized information technology equipment. The DoS successfully accomplishes this lifecycle management through the use of and adherence to well-defined processes and procedures. The GITM program, along with other DoS requiring offices, therefore has an ongoing repetitive need for commercial off the shelf (COTS) IT hardware meeting core technical specifications.

1.2. Objective

The DoS intends to establish multiple Indefinite Quantity Contracts (IDIQ) under which the DoS may make repetitive purchases of specified supplies in a streamlined, pre-negotiated manner, to facilitate the missions of the GITM program and the overall DoS.

2. AWARD METHOD

2.1. CONTRACT VEHICLE

SAQMMA13R0211

Line Item Summary

Solicitation Number:

SAQMMA13R0211

Contract Number: Title: Date of Solicitation:

04/12/2013

Line Item No. Description Quantity Unit Unit Price Total Cost

This acquisition is a 100% set aside for small business concerns. The Small Business Administration has approved an individual waiver to non-manufacturer rule for the following products: desktop computers, 22-inch LCD monitors, 2.5-inch removable hard drive, 3.5-inch internal hard drive, desktop network fiber NIC, desktop fire wire card, PKI Card Reader and RFID Tags.

2.2. AWARD TYPE

This IDIQ shall establish a limited supply schedule and terms for subsequent DoS issuance of commercial item supply and commercial services orders based on the terms and conditions of this IDIQ. The DoS may award IDIQ Delivery Orders, as required, on a firm-fixed basis.

2.3. EXTENT OF OBLIGATION

This IDIQ does not create an obligation. The Government is obligated only to the extent of authorized purchases actually made under this IDIQ.

2.4 MINIMUM AND MAXIMUM CONTRACT AMOUNTS

The minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to $1,000.00. The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services equal to $150,000,000.00.

Part II SUPPLY REQUIREMENTS

3. SUPPLIES

3.1. Supply Requirements

The Contractor shall furnish the following supplies in accordance with this Agreement if and when requested by the Contracting Officer (or the authorized representative of the Contracting Officer).

In accordance with FAR 52.211-6, CLINS 001 through 009 are Brand Name or Equal items. Brand Name and Required Salient Characteristics for each line item are listed in Attachment A - Quote Configuration Worksheet.

Agreement CLIN Product Description

001 8GB Desktop with Fixed Hard Drive

002 8GB Desktop with Removable Hard Drive

003 22-inch LCD Color Monitor (no speakers)

004 2.5-inch Removable Hard Drive

005 3.5-inch Internal Hard Drive

006 Desktop Network Fiber NIC

007 Desktop Fire Wire Card

008 PKI Card Reader (Must be end product of domestic small business concern)

009 RFID Tag (Must be end product of domestic small business concern)

Table 3.0 - Required Supplies

3.2. Section 508 Program Need

Requirements for accessibility based on Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) are determined to be relevant for this acquisition. Applicable Section 508 Standards for each line item are listed in Attachment D - 508 GPAT for Desktops and Attachment E - 508 GPAT for Monitors

4. PRICING

4.1. Price Table

The Contractor shall use Exhibit 1 to establish unit prices for each Contract line item based on the estimated quantities

5. PACKAGING AND MARKING

5.1. Packing List(s)

A packing list shall accompany each shipment, shall be attached to the outside (not inside) of an outermost box or container, and shall include the following information:

(a) Name and address of consignor;

(b) Name and address of consignee;

(c) Government Order number (SAQM#########) found in Block 3 of DoS Form 347: Order for Supplies and

Services;

(d) Government Requisition Number (AQ 1019######) found in Block 4 of DoS Form 347: Order for Supplies and Services;

(e) Description of each item shipped as contained within boxes or containers, including item number, quantity, number of containers, and package number, if any;

(f) If multiple order line items have been assembled into a major component, packing list must show information from item (e) above for each individual order item within the major component;

(g) Pallet count and box count.

Contractor shall include a copy of the Government order with the packing list.

5.2. Marking

5.2.1. Single Items

Every box, package, and container containing materials shipped pursuant hereto, shall be clearly marked with the following. All "Block" references are to DoS Form 347: Order for Supplies and Services:

(a) Government Order Number (SAQM#########) found in Block 3;

(b) Government Requisition Number (AQ 1019######) found in Block 4;

(c) Consignee address as shown in Block 6;

(d) Name and address of the Contractor in Block 7.

5.2.2. Combined Items

Each box containing one or more items shall include the following information for each item contained therein:

(a) Part number in human readable and bar code form;

(b) Serial number (if applicable) in human readable and bar code form;

(c) If the equipment is modified from its original manufactured state, a new part number shall be assigned and marked and bar-coded on the container as above, in addition to the original part number and bar-code;

(d) If the equipment is modified, the original part number and bar-code may not be obscured or removed;

(e) If a new serial number is assigned, it must be marked and bar-coded on the container as above.

5.3. Pallet Restrictions

(a) Pallet height may not exceed 62 Inches;

(b) Wrapped pallet dimensions not to exceed 40x48x62 Inches;

(c) Pallets shall be wood with standard 3-stringer construction and 4-way entry;

(d) Pallet size shall be 40x48 Inches with 48 Inches being the stringer length;

(e) All pallets shall be marked with Government Requisition Number (AQ 1019######) found in Block 4 of DoS Form 347: Order for Supplies and Services.

6. INSPECTION AND ACCEPTANCE

6.1. Inspection and Acceptance

An authorized representative of the Government shall make inspection and acceptance at destination.

6.2. Warranty

(a) The Contractor shall warrant each item delivered under this Contractfor a period of three (3) calendar years after date of Government acceptance.

(b) The Contractor shall provide a worldwide warranty for parts and labor on all components.

(c) For CONUS GITM orders, the Contractor shall guarantee pickup from 8020 Grainger Ct., Springfield, VA 22153 for warranty returns, at no additional cost to the Government, within three (3) business days of Contractor notification.

(d) For CONUS GITM orders, the Contractor shall return units received for repair under warranty to the DoS at the address above, within 30 days of Contractor pickup.

(e) A 120-Day lead time is required for returning a defective item from a Government OCONUS location.

(f) If the Contractor is a non-manufacturer, the Contractor shall coordinate with the manufacturer for all manufacturer warranty repairs/concerns.

6.2.1 Warranty Notification

In accordance with FAR 46.706(b)(5), the Contractor shall stamp or mark the supplies delivered, or otherwise furnish notice with the supplies, of the existence of a warranty, if any. Sufficient information shall be presented for supply personnel and users to identify warranted supplies. Warranty information shall include the terms and duration of the warranty and the name and telephone number of the Contracting Officer to be notified if the supplies are found to be defective.

6.3. No Substitutions

The Contractor may not substitute supplies listed on this Agreement without prior written approval by the Contracting Officer, notwithstanding the technology refresh procedures listed in section 9.2 below. No other individual is authorized to change part numbers, manufacturers, quantities, delivery dates or other requirements of this Agreement either verbally or in writing.

6.3.1. Quality Assurance

The Government may conduct random quality assurance upon supply delivery to ensure conformance and compliance with this section.

6.3.2. Remedies

Delivered supplies, including configuration components and arrangement, that do not conform to the descriptions and part numbers on the Agreement will be rejected at the time of delivery at Contractor's risk and expense. Supplies not in compliance will be returned to the Contractor at no additional cost to the DoS and comments will be recorded in the Contractor's past performance record.

6.4. Third Party Components

GITM does not allow use of third party component substitutions in equipment configurations quoted under a brand name. All supplies, including configuration components and arrangement, shall conform to the description(s), manufacturer(s) and part number(s) on the Agreement.

6.5. Section 508 Acceptance Criteria

Desktop or Portable Computer and Monitors delivered as a result of this solicitation will be accepted based in part on satisfaction of identified Section 508 requirements for accessibility. Desktop or Portable Computer and Monitors delivered must include a completed GPAT, a sample of which is included as a part of this solicitation.

7. DELIVERIES/PERFORMANCE

7.1. Period of Performance

This Contract shall be effective on the date of the Contracting Officer's signature, and shall remain in effect for one base year and four one (1) year option periods.

7.2. Place of Performance

The Government shall specify the place of performance (i.e. place of delivery, F.O.B. point) at the order level.

Place of performance shall be F.O.B. Destination Continental U.S. unless otherwise mutually agreed upon at the order level by the DoS and the Contractor, and in accordance with the referenced GSA FSS contract terms.

7.3. Shipping/Delivery

Unless otherwise specified within the order, the shipping and delivery requirements shall be as follows for all orders for which delivery is to 8020 Grainger Court, Springfield, VA:

(a) Deliveries shall be made during GITM receiving hours, which are 7:00 AM - 3:00 PM Eastern Time, Monday through Wednesday.

(b) Driver shall contact Robert Hall, GITM Warehouse Manager (703-970-2123, HallRP@state.gov) and make a dock appointment prior to delivery of shipment.

(c) Shipments without dock appointments may be refused, at Contractor's risk and expense.

(d) Software licenses and key codes without physically conveyed deliverables shall be sent via e-mail to Dawn Cavallo, GITM Procurement Manager, at CavalloDM@state.gov (703-970-2117). E-mail subject line shall include Requisition Number (AQ 1019######) found in Block 4, of DoS Form 347: Order for Supplies and Services.

Delivery requirements for other DoS requiring offices will be handled on the order level.

7.4. Delivery Time

Delivery time After Receipt of Order (ARO) shall not exceed 45 calendar days. Multiple "drop shipments" with varying places and times of origin, resulting in multiple deliveries, no matter how allegedly well-coordinated or synchronized, are not acceptable. The Contractor shall take all necessary steps and assume all necessary costs to ensure that one single shipment is made for each order. The Contractor shall deliver all supplies on each order as one single shipment per order.

However, the Government reserves the right to require staggered deliveries for high quantity orders, as deemed necessary by the DoS at the order level. In such cases, the order shall explicitly authorize and the Contractor shall meet the following delivery schedule:

(a) 1% of order due within 72 hours ARO (only upon Government request)

(b) 25% of order due within 45 days ARO

(c) Balance of order due in staggered shipments on 30 day intervals until the balance of equipment has been delivered.

The Contractor shall employ this staggered delivery schedule only when explicitly authorized by the order. For all orders that do not include this staggered delivery schedule authorization, the Contractor shall deliver all supplies on each order as one single shipment per order within 45 calendar days ARO.

The Government reserves the right to require first artice testing, in accordance with FAR 52.209-4 First Article Approval - Government Testing as deemed necessary by DoS. In such cases, the order shall explicitly authorize and the Contractor shall meet the following delivery schedule:

(a) The Contractor shall deliver two (2) units for evaluation within 14 days ARO

(b) Within 14 calander days after receiving the evaluation units, the Government shall provide written notification of conditional approval, approval or disapproval

(c) The Contractor shall deliver the balance of the equipment in accordance with delivery time above

8. CONTRACT ADMINISTRATION

8.1. Contract Administration Data

Contracting Officer: Robert Wissman

Office: A/LM/AQM/IT

Telephone Number: 703-875-6064

E-Mail Address:WissmanRB@state.gov

Administrative Contracting Officer: Michael Dickson

Office: A/LM/AQM/IT/ISB

Telephone Number: 703-875-6688

E-Mail Address: DicksonMS@state.gov

First Class Mailing:

U.S. Department of State

Office of Acquisition Management

P.O. Box 9115, Rosslyn Station

Arlington, Virginia 22219

Courier or Hand Delivery: U.S. Department of State

Office of Acquisition Management

1735 North Lynn Street

Arlington, Virginia 22209

8.2 Invoicing (Oct 2011)

Invoice submission is only via the Office of Claims' Commercial Claims Operations fax server, toll-free number: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.

To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

(1) Name and Address of the Contractor

(2) Dun and Brad Street Universal Number System (DUNS)

(3) Date of invoice

(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.

(5) Remittance Contact Information

(6) Shipping Terms, Ship to Address

(7) Payment Terms

(8) Total Quantity of Items

(9) Total Invoice Amount

(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.

(11) Order line item number and information (see below instructions)

The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.

IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must contain the following information:

(1) Description of the services rendered for each line item

(2) Line Item Quantity

(3) Line Item Unit Price

(4) Total Line Item Invoicing Amount

(5) Delivery Date

(6) Contract Line Item Number (CLIN)

(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement

(BPA)

Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Contract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.

Additional correspondence should be addressed to:

Name: U.S. Department of State

Global Financial Services

Attn: Office of Claims (RM/GFS/F/C)

Charleston Financial Service Center

Mailing Address:

Post Office Box 150008

Charleston, SC 29415-5008

Telephone Numbers:

Director's Secretary Voice 843-202-3761

Fax 843-746-0749

Official Office Hours: 8:00 am - 5:00 pm

To request Payment Status on a Past Due Invoice contact:

Office of Claims Customer Service

Email: commercialclaims@state.gov

Phone: 877-704-9473 Toll Free

Person to Contact: Supervisor, Vendor Claims

Email: GFS-ChiefVC@state.gov

(End of clause)

8.3. Ordering

8.3.1. Ordering Procedures for Multiple Awards

If the Government awards multiple IDIQ Contracts, then prior to placing any order in excess of the micro purchase threshold, the Government shall forward the requirement as an order quote request to all awardees to allow each awardee a fair opportunity to respond with a quote. The Goverment reserves the right to issue a quote order request through the Reverse Auction at http://www.fedbid.com/. The Government shall then place the order with the Contractor that presents the best value to the Government for that particular requirement, as stated in the order quote request. All orders placed hereunder shall be subject to the terms and conditions of this Contract.

Orders placed under this Contract shall contain the following information:

(a) Date of order;

(b) Contract number and order number;

(c) Item number and description, quantity, and unit price;

(d) Delivery or performance date;

(e) Place of delivery or performance (including consignee);

(f) Packaging, packing, and shipping instructions, if any;

(g) Accounting and appropriation data; and

(h) Any other pertinent information.

The DoS authorizes issuance of orders under this Contract by hard copy, facsimile, and/or e-mail.

8.3.2. Authorized Ordering Activities

The DoS authorizes the following individuals and activities to issue orders under this Contract:

(a) Orders exceeding the micro purchase threshold: all duly appointed DoS Contracting Officers in the Office of Acquisitions only ("A/LM/AQM");

(b) Orders not exceeding the micro purchase threshold all duly appointed DoS Contracting Officers and DoS authorized Governmentwide commercial purchase card purchasers.

8.4. Electronic Submission/Receipt of Documents

In lieu of mailed or hand-carried originals, all parties agree to accept via e-mail or FAX signed/dated documents generated under this Agreement. Examples of these award and post-award documents include, but are not limited to, the Agreement bilateral award, modifications to the Agreement, Agreement orders and modifications to orders, and correspondence. The exception to this condition is for invoices for which an original is required and all other documentation for which Government statute or regulation explicitly requires submission of a hard copy original.

8.5. Security Requirements

Performance of this Agreement does not require a facility security clearance. Therefore, no work performed under the Agreement will require a facility security clearance or a personnel security clearance at any level.

8.6. Excluded Contractors and Subcontractors

No Contractor or Subcontractor who has assisted the DoS, directly or indirectly, in the preparation or evaluation of the RFQ leading to this Agreement shall submit a quote, assist any other Contractor in the preparation of a quote, or perform under this Agreement either as a prime Contractor or any tier Subcontractor.

9. SPECIAL REQUIREMENTS

9.1. Safeguarding of Information

The Contractor and its employees shall exercise the utmost discretion concerning all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance under this Contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated under this Contract shall be for the sole use and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, e-mail, recording, broadcast, speech television appearance, film, or photograph concerning aspects of work performed under this Contractshall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do no cease upon the expiration or cancellation of this Contract. The Contractor shall include the substance of this clause in all subcontracts hereunder.

9.2. Technology Refresh

The DoS shall have the right to require, at any time, that the Contractor make available to the DoS under this Contract supplies available to the Contractor's commercial customers. In this way the DoS seeks to ensure that it can obtain the benefits of new design enhancements and technological updates or advances for supplies currently on this Contract. When requested or offered, the Contractor shall provide, within 14 calendar days of request, a technology refresh quote including the supplies so identified.

In the event that the Contractor is no longer able to provide the supplies in this Contract(because they are no longer being manufactured, for example), the Contractor may, with the approval of the DoS, remove the supplies from this Contract. The Contractor shall provide substitute supplies which shall have the functional capabilities of the supplies originally provided and shall meet or exceed the original supplies' rated performance characteristics, at the appropriate discount indicated in Table 9.2.1 Technology Refresh Discount Schedule below.

9.2.1. Discount Schedule

Based on the Contractor's proposed price at time of Agreement award, the Government shall calculate the line item discount percentage that DoS shall apply during all subsequent technology refreshes. The DoS shall calculate the discount percentage by dividing the proposed unit price by the contract list price and subtracting one (1). The DoS shall calculate the discount percentage independently for each Contract line item. At time of technology refresh, the Contractor shall propose the contract list price for each refreshed line item, and shall propose a discount price based on the discount percentage stated in this Contract. Discount percentages shall be whole percentages, rounded down to the nearest whole percentage.

Agreement CLIN Product Description Discount Percentage off Catalog/Published Price

001 8GB Desktop with Fixed Hard Drive

002 8GB Desktop with Removable Hard Drive

003 22-inch LCD Color Monitor (no speakers)

004 2.5-inch Removable Hard Drive

005 3.5-inch Internal Hard Drive

006 Desktop Network Fiber NIC

007 Desktop Fire Wire Card

008 PKI Card Reader (Must be end product of domestic small business concern)

009 RFID Tag (Must be end product of domestic small business concern)

Table 9.2.1 - Discount Schedule

9.2.2. Equipment Requirements

The Government shall evaluate new technology which will upgrade, extend, or enhance the Contract supplies if the Contractor submits a quote outlining the new technology. Included in this quote shall be pricing data and other technical information as listed below. With the receipt of a quote from the Contractor, the DoS shall have the right to approve any or all of the quoted Agreement CLINs and to modify this Contract to provide for ordering of the new technology. The criteria for evaluation of the new technology are as follows:

(1) Each supply shall satisfy all original mandatory requirements in the technical specifications of this Contract.

9.2.3. Quote

At a minimum, the technology refresh quote shall include the following header information:

(a) Technology Refresh (TR) Number (unique tracking number);

(b) Description of the technology refresh;

(c) Contract Number;

(d) Contact Name;

(e) Contact Phone Number;

(f) Contact E-mail address.

At a minimum, the technology refresh quote shall include the following information for each supply requiring refresh:

(a) Contract Line Item Number (CLIN) (unique for this Agreement);

(b) Name of Original Equipment Manufacturer;

(c) Original Equipment Manufacturer's Model Number;

(d) Supply Component Part Numbers (as applicable);

(e) Full Supply Description;

(f) Contract Discounted Price (based on line item percentage specified in Table 9.2.1 above).

9.3. Accesibility of Electronic and Information Technology:

(a) Each electronic and Information Technology (EIT) product or service furnished under this contract shall comply with the Section 508 Accessibility Standards (36 CFR 1194), as specified in the contract. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the contractor in writing. The contractor shall, at no cost to the Government, repair or replace the non-compliant products or services within the period of time specified by the Contracting Officer. If the repair or replacement if not completed within the time specified, the Contracting Officer may:

(1) Cancel the contract, delivery or task order, purchase or line item without termination liabilities; or

(2) In the case of custom EIT being developed for under this contract, have any necessary changes made or repairs performed by Government employees or by another contractor and the contractor must reimburse the Government for any expenses incurred thereby.

(b) For every EIT product or service accepted under this contract by the Government that does not comply with 36 CFR 1194, the contractor must, at the discretion of the Contracting Officer, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either the planned refresh cycle of the product or service, or on the contract renewal date, whichever occurs first.

9.4. Contract Contents:

This Contract shall consist of all sections of the RFP and all amendments thereto, with the exception of PART IV - QUOTE INSTRUCTIONS AND EVALUATION. The only parts of the Contractor's quote that shall be included in the Contract are those sections specifically requested by and addressed within the RFQ. The Contractor's quote in general shall not be incorporated.

PART III ADDITIONAL CLAUSES, PROVISIONS AND ATTACHMENTS

11. ADDITIONAL CLAUSES

11.1. Clauses by Reference

Clause Title Date 52.204-7 Central Contractor Registration. 11/20/2012

52.212-4 Contract Terms and Conditions--Commercial Items

02/02/2012

(Feb 2012)

52.232-37 Multiple Payment Arrangements

(May 1999)

05/31/1999

652.216-70 Ordering - Indefinite-Delivery Contract (June 2008)

06/10/2008

652-225-71 Section 8(a) of the Export

Administration Act of 1979, As Amended (Aug 1999)

08/01/1999

11.2. Clause in Full Text

52.209-4 -- First Article Approval-Government Testing (Sept 1989) [Contracting Officer shall insert details]

(a) The Contractor shall deliver two (2) unit(s) of Lot/Item ___ within 14 calendar days from the date of this contract to the Government at Springfield, Virginia for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 14 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor-

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(End of clause)

52.216-18 Ordering.

Ordering (Oct 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through contract expiration date.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations.

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor-

(1) Any order for a single item in excess of $10,000,000.00;

(2) Any order for a combination of items in excess of 20,000,000.00; or

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _____ days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 -- Indefinite Quantity.

Indefinite Quantity (Oct 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract beyond 90 days after its expiration.

(End of Clause)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Nov 2012)

(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.7104(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 of law 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 (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.).

X(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L.

109-282) (31 U.S.C. 6101 note).

(5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (Jul 2010) (Pub. L.

111-5).

X(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

X(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub.

L. 111-8, and section 745 of Division D of Pub. L. 110-161).

(9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(11) [Reserved]

(12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

X(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

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

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

(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).

(15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).

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

(iii) Alternate II (Oct 2001) of 52.219-9.

(iv) Alternate III (Jul 2010) of 52.219-9.

(16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

X(17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

(18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(19)(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.

(20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C.

657f).

X(23) 52.219-28, Post Award Small Business Program Representation (Apr 2012) (15 U.S.C. 632(a)(2)).

(24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).

(25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).

X(26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X(27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).

X(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X(29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

X(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).

X(31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

X(32) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

X(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

(34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.).

(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.).

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.).

X(36) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).

X(37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

(ii) Alternate I (Dec 2007) of 52.223-16.

X(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

(39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).

(40)(i) 52.225–3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103–182, 108–77, 108–78, 108–286, 108–302, 109–53, 109–169, 109–283, 110–138, 112–41, 112–42, and 112–43).

(ii) Alternate I (Mar 2012) of 52.225-3.

(iii) Alternate II (Mar 2012) of 52.225-3.

(iv) Alternate III (Nov 2012) of 52.225-3.

X(41) 52.225–5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X(42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

(45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

(46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

X(47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)(31 U.S.C. 3332).

(48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

X(49) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).

(50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X(51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

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

[Contracting Officer check as appropriate.]

(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.

351, et seq.).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C.

206 and 41 U.S.C. 351, et seq.).

(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

(8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec…