SAQMMA14R0407-Mod-3.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

SAQMMA14R0407

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

07/29/2014

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Andrew T. Rothstein

b. TELEPHONE NUMBER (No collect calls) 703-875-5867

c. EMAIL rothsteinat@state.gov

8. OFFER DUE DATE / LOCAL

TIME

08/06/2014 15:00:00

CODE LMAQM

OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)

PO BOX 9115, ROSSLYN STATION

US DEPARTMENT OF STATE

ARLINGTON, VA 22219

9. ISSUED BY UNRESTRICTED OR X SET ASIDE: 100.00 % FOR

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 334118

SIZE STANDARD: 1000 Employees

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS

RATED ORDER UNDER DPAS

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

IRMPSCODE15. DELIVER TO

PROGRAM MGMT ANALYSIS STAFF (IRM/OPS/PMA)

8020 GRAINGER COURT

PROGRAM MGMT ANALYSIS STAFF (IRM/OPS/PMA)

SPRINGFIELD, VA 22153

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

Contact Duns Telephone No.

17a. CONTRACTOR/OFFEROR CODE18a. PAYMENT WILL BE MADE BY

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

OFFER SEE ADDENDUM

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

CHECKED

19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES

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

21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT

See Line Items Section

25. ACCOUNTING AND APPROPRIATION DATA

1900 - 2013 - 19___X01200000 - IRM - 1019 - 183410 - 5458 - 3151 - IM074502 - 2013

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH

ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)

JoAnn B. Carroll 31c. DATE SIGNED

07/21/2014

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 02/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

SAQMMA14R0407

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

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

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 02/2012) BACK

Table of Contents

Section Description Page Number

B Supplies or Services and Prices/Costs Part I OVERVIEW Part II SUPPLY REQUIREMENTS

I Contract Clauses Part III ADDITIONAL CLAUSES, PROVISIONS AND ATTACHMENTS

J List of Attachments M Evaluation Factors for Award

Part IV PROPOSAL INSTRUCTIONS AND EVALUATION

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 (1) twelve-month base period and four (4) one-year option periods.

0.00 EA

Doc Ref No:

Delivery Date FOB:

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 com-mon information technology (IT) that facilitates seamless information sharing across agencies. GITM also supports the Department’s efforts for IT Consolidation, Strategic Architecture and Strategic Plan. Utilizing a four-year refresh cycle for printers and multi-function machines, GITM visits each funded mission domestic and abroad and receives modernized information technology equip-ment. The DoS successfully accomplishes this lifecycle management through the use of and adherence to well-defined processes and procedures. Therefore, the GITM program, along with other DoS requiring offices, has a repetitive need for commercial off the shelf (COTS) IT hardware meeting core technical specifications.

1.2. Objective

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

2. AWARD METHOD

2.1. Contract Vehicle

This acquisition is a multiple-award IDIQ 100% set aside for small business concerns. The Small Business Administration has ap-proved a class waiver to the non-manufacturer rule for all LaserJet printers and an individual waiver for the following products: PKI Device 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 commer-cial services orders based on the terms and conditions of this IDIQ. The DoS may award Delivery Orders, as required, on a firm-fixed price basis.

2.3. Extent of Obligation

This IDIQ does not create an obligation beyond the minimum stated in section 2.4. 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 (including options) shall be any quantity or combination of supplies 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 $57,000,000.00.

Part II SUPPLY REQUIREMENTS

SAQMMA14R0407

Line Item Summary

Solicitation Number:

SAQMMA14R0407

Contract Number: Title: GITM Printer IDIQ Date of Solicitation:

07/29/2014

Line Item No. Description Quantity Unit Unit Price Total Cost

3. SUPPLIES

3.1. Supply Requirements

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

All proposed products shall comply with the Trade Agreements Act (TAA). Offerors shall certify that their products comply with TAA requirements.

In accordance with FAR 52.211-6, CLINS 001 through 013 are Brand Name or Equal items. Brand Name and required salient spe-cifications for each line item are listed in Attachment A – Proposal Configuration Worksheet.

Table 3.1 Required Supplies Contract CLIN Product Description

Group 1 001 Work Group Black & White 110v Printer 002 Work Group Black & White 220v Printer 003 Work Group Color 110v Printer 004 Work Group Color 220v Printer 005 RFID Tag

Group 2 006 Enterprise Black & White 110v Printer 007 Enterprise Black & White 220v Printer 008 Enterprise Color 110v Printer 009 Enterprise Color 220v Printer 010 RFID Tag

Group 3 011 Multifunction 110V Printer 012 Multifunction 220V Printer 013 PKI Device 014 RFID Tag

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 the following program needs: Computer Printers, Multi-function Machines and Driver Software. Applicable Section 508 Standards for each line item are listed in Attachment D - 508 GPAT for Printers and Attachment E - 508 GPAT for Multi-function Machines.

4. PRICING

4.1. Price Table

The Contractor shall use Updated Exhibit 1 – Contract Line Items and Pricing Configuration-080414 (Attached) to establish unit prices for each Contract line item based on the estimated quantities.

5. PACKAGING AND MARKING

5.1. Packing List(s)

An electronic copy of the packing list detailing Vendor, Government Order Number (SAQM#########), Government Requisition/Ref-erence Number (AQ 1019######), quantity delivered, CLIN (if applicable), OEM part number, and OEM serial (if applicable) shall be emailed to the GITM Procurement Manager at GITMProcurement@state.gov at least one (1) business day prior to delivery.

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 CLIN, OEM model number, OEM serial number (if applicable), 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.

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) OEM part number in human readable and bar code form;

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

(c) CLIN

(d) 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 OEM part number and bar-code;

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

(f) 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 contract for a period of three (3) calendar years after date of Govern-ment 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 pick up 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. For OCONUS locations where there is OEM support, warranty can be transferred to OEM representative in host country as long as there is no cost to the gov-ernment.

(f) If the Contractor is a non-manufacturer, the Contractor shall coordinate with the manufacturer for all manufacturer warranty re-pairs/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 Contract without prior written approval by the Contracting Officer, notwith-standing the technology refresh procedures listed in section 9.2 below. No other individual is authorized to change part numbers, man-ufacturers, quantities, delivery dates or other requirements of this Contract 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 sec-tion.

6.3.2. Remedies

Delivered supplies, including configuration components and arrangement, that do not conform to the descriptions and part numbers on the Contract 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 proposed under a brand name. All sup-plies, including configuration components and arrangement, shall conform to the description(s), manufacturer(s) and part number(s) on the Contract.

6.5. Section 508 Acceptance Criteria

Computer Printers, Multi-function Machines and Driver Software delivered as a result of this solicitation will be accepted based in part on satisfaction of identified Section 508 requirements for accessibility. Computer Printers, Multi-function Machines and Driver Software delivered must include a completed Government Product Accessibility Template (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 (1) base year and four (4) one-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.

7.3. Shipping/Delivery

Unless otherwise specified within the order, the shipping and delivery requirements shall be as follows for all orders for which deliv-ery is to Department of State, 8020 Grainger Court, Springfield, VA 22153:

(a) Deliveries shall be made during GITM receiving hours, which are 8:00 AM - 3:30 PM Eastern Time, Monday through Wednes-day.

(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 Pro-curement Manager, at GITMProcurement@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 delivery schedule required. An example of a staggered delivery schedule is:

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

(b) Balance of order due no more than 90 days ARO.

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

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

(a) The Contractor shall deliver one unit for evaluation within fourteen (14) calendar days ARO;

(b) Within fourteen (14) calendar days after receiving the evaluation units, the Government shall provide written notification of con-ditional approval, approval or disapproval;

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

7.5. Compliance Testing

"Compliance sample" means a product sample required to be submitted by Contrctor to show those characteristics of the proposed supplies that cannot adequately be described by specifications, purchase descriptions, or the Request for Proposal (e.g., balance, facil-ity of use, or pattern).

Unless instructed otherwise in writing by the Contracting Officer all Contractors selected for award shall furnish and deliver compli-ance samples for all line items in awarded grouping fourteen (14) calendar days after award. The sample shall comprise quantity one

(1) of each line item, fully configured in accordance with salient specifications proposed in Attachment A, as applicable. No substitu-tions permitted. The unit delivered must be an exact match to the proposed product in accordance with salient specifications proposed in Attachment A. Any unit not conforming to specifications offered in Attachment A will be deemed non-compliant. Failure to pass compliance testing will render the Contractor ineligible to compete for task orders until a compliant item is tested and approved. The Government must receive all samples, including all configured components, by the deadline stated above. Sample shipment shall ad-here to all packing, marking, delivery, and other requirements listed elsewhere in this contract. Samples must be delivered to the con-signee listed in section 7.3 of this contract.

7.5.1. Compliance Sample Testing

The Government will test or evaluate units for each line item in awarded grouping to determine compliance with all the required spe-cifications listed in Attachment A - Proposal Configuration Worksheet. The Government will reject the unit submitted for compliance testing when the sample fails to conform to the required specifications.

Units submitted for compliance testing shall be--

(1) Submitted at no expense to the Government; and

(2) Returned at the Offeror's request and expense, unless they are destroyed during compliance sample testing.

8. CONTRACT ADMINISTRATION

8.1. Contract Administration Data

Contract Specialist: Andrew Rothstein Office: A/LM/AQM/IT/ISB Telephone Number: 703-875-5867 E-Mail Address: RothsteinAT@state.gov

Contract Administrator: Nichole Townes Office: A/LM/AQM/IT/ISB Telephone Number: 703-516-1580 E-Mail Address: TownesNS@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 accord-ance 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 re-spond with a quote. The Government reserves the right to issue a quote order request through reverse auction at ht-tp://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 condi-tions 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 Govern-ment-wide 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 Contract. Examples of these award and post-award documents include, but are not limited to, the Contract bilateral award, modifica-tions to the Contract, delivery or task orders and modifications to orders, and correspondence. The exception to this condition is for in-voices 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 Contract does not require a facility security clearance. Therefore, no work performed under the Contract will re-quire 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 Request for Proposals (RFP) leading to this Contract shall submit a proposal, assist any other Contractor in the preparation of a proposal, or per-form under this Contract 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 Contract shall 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 Department of State shall have the right to require, at any time, that the Contractor make available to the Department under this Contract supplies available to the Contractor's commercial customers. In this way the DoS seeks to ensure that it can obtain the bene-fits of new design enhancements and technological updates or advances for supplies currently on this Contract. When requested or offered, the Contractor shall provide, within fourteen (14) calendar days of request, a technology refresh proposal for 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 manufac-tured, for example), the Contractor may, with the approval of the DoS, remove the supplies from this Contract. The Contractor shall propose 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.

All technology refreshes shall be subject to the submission of a new Attachment A – Proposal Configuration Worksheet and in accord-ance with FAR 52.209-4 -- First Article Approval-Government Testing (Sept 1989).

9.2.1. Discount Schedule

Based on the Contractor's proposed price at time of Contract 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 pro-posed 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 per-centages, rounded down to the nearest whole percentage.

Contract CLIN Product Description Discounted Percentage off Catalog/ Published Price

Group 1 001 Work Group Black & White 110v Printer 002 Work Group Black & White 220v Printer 003 Work Group Color 110v Printer 004 Work Group Color 220v Printer 005 RFID Tag

Group 2 006 Enterprise Black & White 110v Printer 007 Enterprise Black & White 220v Printer 008 Enterprise Color 110v Printer 009 Enterprise Color 220v Printer 010 RFID Tag

Group 3 011 Multifunction 110V Printer 012 Multifunction 220V Printer 013 PKI Device 014 RFID Tag

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 sub-mits a proposal outlining the new technology. Included in this proposal shall be pricing data and other technical information as listed below. With the receipt of a proposal from the Contractor, the DoS shall have the right to approve any or all of the proposed Contract CLINs and to modify this Contract to provide for ordering of the new technology. The criterion for evaluation of the new technology is as follows:

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

9.2.3. Proposal

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

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

(a) Description of the technology refresh;

(b) Contract Number;

(c) Contact Name;

(d) Contact Phone Number;

(e) Contact E-mail address.

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

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

(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. Accessibility 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 contract-or 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 - PROPOSAL IN- STRUCTIONS AND EVALUATION. The only parts of the Contractor's proposal that shall be included in the Contract are those sec-tions specifically requested by and addressed within the RFP. The Contractor's proposal in general shall not be incorporated.

Section I- Contract Clauses

Part III ADDITIONAL CLAUSES, PROVISIONS AND ATTACHMENTS

10. ADDITIONAL CLAUSES

10.1. Clauses by Reference

Clause Title Effective Date 52.204-7 System For Award Management (Jul 2013) 07/22/2013 52.212-4 Contract Terms and Conditions-

-Commercial Items (Sep 2013) 09/03/2013

52.232-37 Multiple Payment Arrangements (May 1999)

05/03/1999

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

10.2. Clause in Full Text

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

(a) The Contractor shall deliver one (1) unit(s) of Lot/Item ___ within 14 calendar days from the date of this contract to the Govern-ment 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 writ-ing, 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 art-icle 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)

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Sep 2013)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract 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 incor-porated 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 (Jul 2013) (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. (Aug, 2013) (31 U.S.C. 6101 note).

X(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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.

X(14) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637 (d)(2) and (3)).

(15)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (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 (Jul 2013) (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 (Jul 2013) (15 U.S.C. 632(a)(2)).

(24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (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 (Jul 2013) (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 com-mercially 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).

(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.

(41) 52.225–5, Trade Agreements (Sep 2013) (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 Of-fice of Foreign Assets Control of the Department of the Treasury).

(43) 52.225.26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(44) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(45) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).

(46) 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)).

(47) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).

X(48) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013)(31 U.S.C. 3332).

(49) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

X(50) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).

(51) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X(52)(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 Cer-tain 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) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O.13495).

(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

(9) 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 examina-tion, 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 re-lating 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…