RFP_SAQMMA15R0314_(2).pdf
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
5. SOLICITATION NUMBER
SAQMMA15R0314
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
05/05/2015
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Tracy R. Ford
b. TELEPHONE NUMBER (No collect calls) 703-875-5857
c. EMAIL FordTR@state.gov
8. OFFER DUE DATE / LOCAL
TIME
05/29/2015 10:00:00
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: 541990
SIZE STANDARD: $15,000,000
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
PA___CODE15. DELIVER TO
BUREAU OF PUBLIC AFFAIRS (PA)
2201 C. STREET, N.W.
RM 6800
WASHINGTON, DC 20520
CODE16. ADMINISTERED BY
FACILITY
CODE
CODE
Contact Duns Telephone No.
17a. CONTRACTOR/OFFEROR RMGFOCODE18a. PAYMENT WILL BE MADE BY
GLOBAL FINANCIAL SERVICES CENTER, CHARLESTON,
SOUTH CAROLINA
PO BOX 150008; Fax To: 1-866-483-3436
ATTN: OFFICE OF CLAIMS
CHARLESTON, SC 29415-5008
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
See Line Item Detail
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 ARE X 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)
Tracy R. Ford 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
SAQMMA15R0314
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
001 See attached statement of work. 0.00 LT Doc Ref No:
Delivery Date FOB:
B-002 Supplies or Services and Prices
The contractor shall furnish the following supplies or services, described in the Schedule of Supplies/Services and Prices/Costs and Description/Specifications/Statement of Work (SOW) under the contract if and when requested by the Contracting Officer (or the au-thorized representative of the Contracting Officer) during a specified period and within a stipulated aggregate amount, if any.
SCHEDULE OF SUPPLIES/SERVICES AND PRICES/COSTS
SCHEDULE OF ITEMS
HOURLY
CLIN DESCRIPTION HOURS RATE_____ TOTAL
001 Program Manager _______ __________ _________
002 Engineer Consultant _______ ___________ __________
GRAND TOTAL __________
B-010 TYPE OF CONTRACT
This is a Fixed Price, Time-and-Material/Labor Hour type contract.
(end of clause)
Statement of Work Digital Video Systems Engineering Consulting Services
1. SERVICE
The U.S. Department of State, Bureau of Public Affairs (PA) is replacing end-of-life digital equipment and modernizing its Washing-ton, D.C. HDTV facility. This includes video servers, shared storage, media and workflow management systems, a video archiving system and analog broadcast control console, used in the origination, acquisition, production and distribution of digital video.
Other major components may or may not be end-of-life and will require evaluation to determine if upgrades to these components are required. PA is seeking a contract engineering consultant to perform a facility analysis, make new equipment and infrastructure de-terminations and purchase recommendations, assist in integration vendor solicitation and assume project management responsibilities for the new systems design, equipment replacement, installation, systems integration and systems testing.
This requirement is not for an integration contractor (an entity proposing to supply and install next generation solutions), but rather for a consulting engineering contractor to serve in the best interest of the government and to assist PA to manage its facility upgrade project, including the selection of new systems, integration contractor solicitation process, and once the integration contract is awar-ded, managing the facility upgrade. Interested integration vendors are welcome to respond to this solicitation but will not be eligible for the eventual system upgrade project.
2. BACKGROUND
The U.S. Department of State, Bureau of Public Affairs (PA) engages domestic and international media to communicate timely and
SAQMMA15R0314
Line Item Summary
Solicitation Number:
SAQMMA15R0314
Contract Number: Title: Dugital Video Systems Engineer Consulting Services
Date of Solicitation:
05/05/2015
Line Item No. Description Quantity Unit Unit Price Total Cost accurate information with the goal of furthering U.S. foreign policy and national security interests as well as broadening understanding of American values. Target audiences include global news media organizations and the general public to convey U.S. foreign policy messages and initiatives. PA employs a wide range of traditional broadcast and digital (social) media platforms to fulfill this mission, and video products and services are core elements of this engagement. These products and services include live and recorded TV cov-erage of events involving the President, Secretary of State, and principal USG spokespersons, domestically and from around the world.
PA uses technology and workflow practices similar to broadcast news organizations, but it does not “cover” the news associated with foreign policy like such an entity. Instead, the Bureau functions as a “video teleport” to create and place content and messaging by U.S. principals into the news cycle for global news broadcasters and social media platforms to repurpose and use in their applications.
In producing this video coverage, PA relies on the programming and editorial workflow of broadcast media and the infinite access of social media platforms to ultimately reach and inform domestic and global audiences.
The Department uses both traditional broadcast fiber (Encompass, Vyvx and Beers/The Switch - Verizon AVOC) and IP video (Teradek) platforms to transmit and receive HD video to and from the Washington, D.C. facility, providing capabilities to connect to any broadcaster or venue anywhere in the world.
3. SPECIFIC REQUIREMENTS/REQUIRED SKILLS
The Bureau of Public Affairs is seeking a video engineering consultant with proven facility design and systems engineering design and integration expertise to include both broadcast and IT systems integration in order to provide a cost-effective, open and flexible facility upgrade solution.
The video engineering consultant must be proficient in troubleshooting and problem solving in an integrated HD video and IT hard-ware and software systems environment, and possess the ability to design, integrate and maintain HD broadcast television and digital video systems. The engineering service contractor must possess demonstrative expertise in a mixed media environment and be con-versant in the administration of broadcast video servers and it’s associated IT infrastructure within digital file conversion systems. The contractor must also have extensive experience with TCI/IP network topographies and related software applications in both Ethernet and fiber IP networks. All of this to converge traditional HD broadcast signal workflow in live and live-to-tape broadcasts with digital media engagement, including video streaming, hosting, editing, and encoding, for social media platforms.
Qualifying engineering contractors must have demonstrative expertise in evaluating, designing and overseeing the integration and in-stallation of digital broadcast elements for a full range television broadcast facility including:
- networked video servers
- automation systems
- production control systems
- non-linear editing systems
- broadcast audio consoles
- video over IP encoding hardware and software
- fiber optic transmitter and decoder systems using both single mode and multi-mode fiber optic paths
This expertise must cover all three primary elements of this requirement – 1) needs analysis;
2) procurement recommendation and selection; and 3) oversight of upgrade contractor installation, integration and testing.
The Bureau will designate a project lead and technical project team responsible for the daily facility activities to work with the engin-eering contractor to provide consistent context of the project and general workflow requirements, address the contractor inquiries and assist in refining approaches to final solutions, and make the final purchase decisions.
Phase 1: Needs Analysis: (240 – 280 hours) The selected contractor's engineering consultant shall review the PA television broadcast facility, systems and signal flow through meetings and tours, event observations and schematic review to get the necessary familiarity with the components and systems, and how they’re integrated, including workflow systems management, video ingest, video server networks, IT systems integration and ad-ministration and television control rooms including master control, audio control and production control, robotic cameras, and the broadcast transmission and reception signal flow.
Special focus should be directed at the HD signal workflow and IT-based systems and control workflow, which is at the core of this upgrade. This needs analysis of the workflow shall focus on the HD video and audio requirements for quality of signal, server-based video recording and general network and facility management of the following bureau core applications:
- live camera originations and transmission from within the State Department open press venues via SPMTE fiber and digital coax
- live daily press briefing coverage
- multi-camera live and taped studio originations
- multi-channel audio recording for live language interpretation recordings
- IP-based control of remote location camera robotics and signal origination
- fiber transmissions to and from the broadcast facility
- IP video transmissions to and from the broadcast facility
From this needs analysis; the consultant shall prepare a systems requirements summary and review with the project team. This sys-tems requirements document should include narrative text and diagrams to facilitate a clear, concise understanding of the Bureau’s re-quirements.
Phase 2: Procurement Guidance: (80 – 120 hours) From information gathered through the needs analysis described above, the consultant shall then:
- prepare a summary of specific equipment solutions and associated costs
• primary and alternate solutions
- review the proposed solutions with the project team
- coordinate equipment demos where practical
• conference calls with other customers already using considered solutions
- work with the project team to confirm a final systems approach with related hardware and software selections
• the project team will decide on the final system selections
- prepare a detailed technical requirements summary and cost projection and assist the Bureau in the preparation of a solicitation package for the Department’s acquisition process
• detailed statement of work (SOW)
• market costs (projected)
• proposed schedule (design, integration/ installation, training)
• suggested qualified vendors
- Assist the Bureau in the final selection of the integration vendor
• NOTE: the engineering contractor shall not be eligible for consideration as the integration contractor
Phase 3: Installation, Integration and Testing: (480 – 560 hours) Once the integration contractor has been selected, the contractor’s engineer shall assist in the project management of the installation, integration and testing of the facility upgrade.
This shall include a comprehensive oversight role to look out for the best interests of the Department in ensuring the successful imple-mentation of the upgrade project plan:
- review schedule, timeline and milestones and determine areas of risk
- oversee integration and configuration of systems and components
- conduct end-to-end testing of components, systems and workflows
- oversee quality assurance all components, systems and integration
- oversee technical training in using the full functions and features
4. ADMINISTRATIVE DATA:
Contracting Officer: Tracy R. Ford
Contract Administrator: Tracy R. Ford Telephone Number: (703) 875-5841 Fax Number: (703) 875-4427
First Class Mailing: U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, VA 22219
Courier or Hand Delivery: U.S. Department of State Officer of Acquisition Management Room 627 1701 N. Ft. Myer Drive Arlington, VA 22209
(Enter through 1700 N. Lynn St.)
Contracting Officer’s Representative (COR): Michael Murphy
5. PERIOD OF PERFORMANCE:
The period of performance is June, 2015 through December, 2016
6. TIME REQUIRED FOR PERFORMANCE:
16 to 24 hours per week, based on PA Bureau requirements
7. PLACE OF DELIVERY:
Delivery will take place at the Office of Broadcast Services, Harry S. Truman Bldg. Main State, 2201 C Street, NW. Washington, DC 20520-3817, 2nd floor
8. SECURITY REQUIREMENTS:
There is no security requirement. Primary staff assigned will require a “Public Trust” clearance for a temporary contractor building access badge
9. SUBMISSION OF PROPOSALS
All proposals shall be submitted on their company’s letterhead along with SF 1449 which are dated and signed by authorized person-nel who have authorization to submit an offer to the following address:
(Courier or Hand Delivery) U.S. Department of State Office of Acquisition Management 1701 N. Ft. Myer Drive, Room 627 Arlington, VA 22209 Attn: Tracy R. Ford
An original and three (3) copies of each Volume (Volume 1 and 2) of the proposal must be submitted. Proposals must include all data and information required by the Statement of Work. The proposals must be clear, concise and not over complicated. It must include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposals shall not simply rephrase or restate the Government’s requirement, but rather provide a convincing rational to address how the Offeror intends to meet these re-quirements. Proposals that that simply restate the Government requirements may be judged non-responsive. Offeror must assume that the Government has no prior knowledge of their company and experience and will base its evaluation on the information presented in the Offeror’s proposals.
Each volume must be written to the greatest extent possible on a stand-alone basis so that its content may be evaluated with a minim-um of cross-referencing to other volumes of the proposal. Cross-referencing with proposal volumes is permitted where its use would conserve space without impairing clarity. Offerors are encouraged to exceed stipulated Government requirements wherever feasible, provided there is no penalty in schedule, risk, or price.
Volume I: Technical Proposal
Offerors’ proposals must include, at minimum, the following:
The technical proposal shall specifically address the following in detail. Simply repeating or paraphrasing the Statement of Work of the solicitation (stating the Offeror can/or will meet the requirements without a detailed description of how the services will be provided), is not acceptable. A detailed description of how services will be provided must be articulated. Proposals involving joint ventures or subcontracting shall clearly state the tasks or work to be performed by each partner, as well as how overall responsibility for the contract will be allocated. The Offeror’s proposals shall provide a complete management plan showing how it will meet all the requirements of the contract. The management plan will define how the Offeror will ensure timely, professional and high quality performance and achievements of deadlines. It shall describe the organization and management of the company such as the follow-ing: (i) the responsibilities of the Program Manager; (ii) how the Offeror will ensure the quality of performance; (iii) awards or in-centive plan designed to promote high quality performance for this agreement. (The Government considers awards/incentives to be an important part of a well-run contract work force.); (iv) organizational information that reflects the line of management responsibility, include corporate management; including name and telephone number) above the level managing the contract; (v) the procedures for responding to the requirements of the Department of State; (vi) management procedures for logistical administrative support of all functions, including procedures for timely payment of personnel; (vii) identification of the policies and procedures in place for vetting applicants. The Offeror’s management plan shall include resumes of key personnel for covering all the services required by the con-tract. Includes a method of identifying deficiencies in the quality of services performed before the level of performance becomes un-acceptable. Provide a summary of the proposed “Quality Control Plan”, i.e., the quality process (practices, resources and activities) and minimum controls that will be used to ensure full compliance with all performance objectives. The page limitation for volume 2 is 45 pages (includes table of contents, charts, excel spreadsheets, etc.).
Volume 2: Cost/Price Proposal
The proposal submitted shall clearly explain all proposed prices/costs in accordance to the Schedule of Supplies/Services of the soli-citation as appropriate which includes totaling costs for each CLIN for the base year. Costs shall be detailed by period of perform-ance. The proposal submitted shall clearly explain and delineate all costs, i.e. personnel, labor hours, other direct costs, overhead, fee and/or other costs as appropriate. Costs shall be detailed by period of performance. The Schedule of Supplies/Services shall be pre-pared by completing the pricing tables that are included for the base year. The tables should be modified as necessary to conform to the contractor’s proposed Quality Control Plan. The contractor’s detailed cost estimates in support of the entire agreement line item pricing contained shall be included in the Cost Proposal. In addition, all of the REPRESENTATIONS AND CETIFICATIONS of Of-ferors shall be submitted in completed form in accordance to FAR 52.219-1 as listed in this solicitation.The page limitation for volume 1 is 30 pages (includes table of contents, resumes, charts, etc.).
10. BASIS FOR AWARD (05/95)
Award will be made to the responsive responsible Offeror whose proposal is determined to provide the “best value” to the Govern-ment. This may not necessarily be the proposal offering the lowest cost or receiving the highest technical rating, but is determined to be most advantageous to the government price and other factors considered. For this solicitation, technical merit is more important than cost or price. Award will not be automatically determined by numerical calculation or formula relationship between cost or price and technical merit. As technical merit of the Offerors' proposals becomes more equal, the evaluated cost or price may become the de-termining factor. The Contracting Officer shall determine what trade-off between technical merit and cost or price promises the greatest value to the Government, cost or price and other factors considered.
11. EVALUATION FACTORS FOR AWARD
The State Department’s evaluation for awarding a contract will be based on the best demonstration by responding vendors proving ability to fulfill all of the deliverables as specified in the solicitation.
Previous project experience with demonstratively similar applications is the baseline evaluation factor. Proposals shall provide com-prehensive information and demonstrated evidence of the contractor’s (and sub-contractors’, as appropriate) past performance and pre-vious experience in providing news and media organizations and/or other federal agencies with proven facility design and systems en-gineering and integration expertise to include both broadcast and IT systems integration.
There are three (3) prioritized primary evaluation factors for consideration – 1) capabilities of of services; 2) past experience in ful-filling similar requirements; and 3) price.
Factor 1 – Capabilities of Services:
The evaluation factors for determining vendors’ capabilities of proposed services to be qualified for consideration is of the highest pri-ority and includes:
- Management of mid to large-scale broadcast and technical facility build-outs and system integrators, engineering contractors and engineering staff on projects that support the technical operations, design and seamless integration of traditional broadcast and di-gital technologies, including networked video servers, automation systems, production control systems, non-linear editing systems, broadcast audio consoles, video over IP encoding hardware and software, and fiber optic transmitter and decoder systems using both single mode and multi-mode fiber optic paths
- Direct experience managing, planning, budgeting and procuring equipment for broadcast and digital media facilities as well as operations in a time-sensitive deadline environment that requires the seamless integration of both traditional broadcast and social me-dia technologies
- Extensive experience working in the public sector with major federal agencies and private sector with broadcast networks and digital streaming media entities to get public sector content to commercial, private sector platforms
- Proven track record of integrating new and emerging technology, successfully spotting new trends and applying the relevant trends and technology. The contractor should have a demonstrative track record of working with competing manufactures and techno-logies to develop a cohesive workflow leveraging the best of each technology.
Factor 2 - Past Experience in fulfilling similar requirements:
- Proposals shall provide comprehensive information and demonstrated evidence of the offeror’s past performance and previous experience in providing the systems and services as described in deliverables
- The nature of the Bureau of Public Affairs’ core mission requires that vendors have past experience providing services as de-scribed in the deliverables to professional broadcast organizations as well as federal entities
Factor 3 - Price:
- Price or cost to the Government is evaluated in every source selection and is an evaluation factor in this solicitation, with the Department requiring compliance with the deliverables and selective factors in seeking the best quality at the most appropriate cost.
Lowest price proposals not meeting the specified requirements and evaluation factors will not be considered qualified for award.
12. QUESTIONS REGARDING THIS SOLICIATION
Prospective offerors should submit any questions regarding this solicitation in writing to the Contracting Officer. Questions should be received in the Office of Acquisition Management, International Programs, International Affairs Branch (AQM/IP/IAB) by 10:00 a.m.
Eastern Standard Time ten (10) calendar days after issuance of the solicitation to ensure a timely response. Questions received after that date will not be answered prior to the date established for the receipt of the proposed offer. Questions shall be submitted via e-mail only to Tracy Ford, Contracting Officer at e-mail address fordtr@state.gov.
ATTACHMENT:
Wage Determination
D-001 DATA PACKAGING REQUIREMENTS
(a) All unclassified data shall be prepared for shipment in accordance with best commercial practices.
(b) Classified reports, data, and documentation shall be prepared for shipment in accordance with the National Industrial Security Program Operating Manual (DOD 5220.22-M).
(end of clause)
D-002 MARKING OF REPORTS
All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:
(a) Name and business address of the Contractor;
(b) Contract number and delivery order number, if applicable;
(c) Date of report; and
(d) Program office(s).
(e) All reports become the property of the Department. Reports shall not contain any markings or legends which restrict the Department's use of such reports in any way.
(end of clause)
E-004 INSPECTION AND ACCEPTANCE (Services)
Inspection and acceptance of the services to be provided hereunder shall be made by the Contracting Officer's Representative.
(end of clause)
E-002 INSPECTION AND ACCEPTANCE (F.O.B. Destination)
Inspection and acceptance shall be made at destination by an authorized representative of the Government.
(end of clause)
F-001 Deliveries or Performance
DELIVERABLES:
All reports, plans, schedules and other submittals provided by the contractor are subject to approval by the CO or COR.
A. The contractor shall be required to perform in accordance with the Government's existing plans and schedules or as directed by the COR until the Contractor's submittals are approved by the CO or COR.
B. It is the view of the Government that the timely submittal of the deliverables is crucial to the proper operation of the facility and provides the guidelines for the proper oversight by the Government.
C. The contractor shall be required to submit deliverables and reports at specified times throughout the contract’s life. They are con-sidered critical to the successful completion of all contractual requirements. The following deliverables shall be provided by the Con-tractor to the COR no later than the dates provided:
MILESTONE CHART FOR CONTRACTOR DELIVERABLES
Item Due Date Needs Analysis Reprt 45 days after award Procurement Guidance Report 3 weeks after completion of the Needs Analysis Installation, Integration and Testing Report 1 year after award of facility upgrade contract
52.242-17 Government Delay of Work (Apr 1984)
(a) If the performance of all or any part of the work of this contract is delayed or interrupted (1) by an act of the Contracting Officer in the administration of this contract that is not expressly or impliedly authorized by this contract, or (2) by a failure of the Contracting Officer to act within the time specified in this contract, or within a reasonable time if not specified, an adjustment (excluding profit) shall be made for any increase in the cost of performance of this contract caused by the delay or interruption and the contract shall be modified in writing ac-cordingly. Adjustment shall also be made in the delivery or performance dates and any other contractual term or condition affected by the delay or interruption. However, no adjustment shall be made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an adjustment is provided or excluded under any other term or condition of this contract.
(b) A claim under this clause shall not be allowed-
(1) For any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved; and
(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract.
(End of clause)
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.
(b) The COR is Michael Murphy.
(End of clause)
H-024 NONPAYMENT FOR UNAUTHORIZED WORK
No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of his own volition or at the re-quest of an individual other than a duly appointed Contracting Officer. Only a duly appointed Contracting Of-ficer is authorized to change the specifications, terms, and/or conditions of this contract.
(end of clause)
H-032 ORGANIZATIONAL CONFLICT OF INTEREST - General
(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circum-stances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.
(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall in-clude a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.
(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Con-tracting Officer, the Government may terminate the contract for default.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.
(end of clause)
52.212-4 Contract Terms and Conditions--Commercial Items (Dec 2014)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this con-tract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Gov-ernment may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exer-cise its post-acceptance rights--
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agree-ment on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reason-able control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this con-tract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Trans-fer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, includ-ing costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the de-mand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisi-tion Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon ac-ceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particu-lar purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regu-lations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limita-tions on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following or-der:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Of-ficer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM in-formation that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect inform-ation within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.
(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it ap-pearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)
52.217-8 Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Of-ficer may exercise the option by written notice to the Contractor within [insert the period of time with which the Contracting Officer may exercise the option].
(End of clause)
652.237-72 OBSERVANCE OF…
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