01_RFQ_PR_00473.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

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7. FOR SOLICITATION

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8. OFFER DUE DATE/

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9. ISSUED BY 11. DELIVERY FOR

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UNLESS BLOCK IS

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13a. THIS CONTRACT IS A RATED

ORDER UNDER DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

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15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

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

OFFER

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

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RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

CONTRACTOR AGREES TO FURNISH AND

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

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30a. SIGNATURE OF OFFEROR/CONTRACTOR

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31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 4/2002)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

NAICS:

SIZE STANDARD:

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

COPIES TO ISSUING OFFICE.

OFFER

Fiber Optic Cable Upgrade

NAAJ1500-17-00473

ST1330-17-RQ-00473 08/1 8/2017

LaShawn Haggins 301-628-1431 08/29/17 3:00 pm

DOC/NOAA/AGO

Attn: LaShawn Haggins 1325 East-West Hwy

SSMC2,

Silver Spring, MD 20910 lashawn.haggins@noaa.gov

✘ 100

238210

150 employees

Net 30

OCIO/SMO/SSD/TECH SUP BR

Seattle, WA 98115

DOC/NOAA/SSAD

Silver Spring, MD 20910

✘ 1

STANDARD FORM 1449 (REV. 4/2002) BACK

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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:

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

32c. DATE

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SECTION B: SUPPLIES AND SERVICES

Supplies or Services and Prices

Building Origin

Building Destination

Product Price

Installation Price

Total Price

1 Bldg. 1 Bldg. 3

2 Bldg. 1 Bldg. 4

3 Bldg. 1 Bldg. 8

4 Bldg. 1 Bldg. 9

5 Bldg. 3 Bldg. 2

6 Bldg. 3 Bldg. 4

7 Bldg. 3 Bldg. 8

8 Bldg. 4 Bldg. 6

9 Bldg. 8 Bldg. 32

10 Bldg. 8 WRC Pier

Total Project Price

SECTION C – DESCRIPTION/SPECIFICATIONS

1.0 BACKGROUND

NOAA's WRC houses the largest variety of NOAA programs at a single location in the United States. It also employs one of the largest numbers of NOAA staff outside the Washington, D.C., metropolitan area.

The WRC is a gated campus located on the northwestern shore of Lake Washington at Sand Point Way, and is composed of 3 main office buildings (Buildings. 1, 3, 4); a cafeteria (Building. 2); day care center (Building 6); a warehouse/dive center (Building 8); an auditorium (Building 9); and 2 hangars converted to workspace/storage buildings (Buildings 32, and 33).

2.0 OBJECTIVES

The WRC has requirements to upgrade their campus network cabling infrastructure to attain increased performance, reliability and security in order to support campus-wide, enterprise-class, network services.

Upgraded networking technology will have a positive impact towards improved business productivity, collaboration, and employee satisfaction. The WRC is seeking to improve its campus backbone network with additional single-mode fiber cable runs to add more devices, network bandwidth, and allow for the growth of the network in general.

Much of the fiber cabling currently installed on campus is multi-mode and running at a maximum of 1 gigabit per second (Gbps). The primary objective of this project is to supplement this and provide a fiber backbone infrastructure to upgrade and support link speeds of at least 10 Gbps while providing redundancy between our two main campus distribution facilities (MDFs).

3.0 SCOPE

The contractor shall be responsible for designing, planning, and installing a campus inter-building fiber backbone cabling system with cables, termination hardware, splices and necessary installation hardware as required. The main components of this new cabling system shall be the single-mode fiber cable, cable management devices, connecting hardware, and support facilities. This will include installation of OS2 indoor/outdoor fiber optic data cables run primarily through the underground communications vaults, pathways and conduits beneath the WRC Service Road and terminating within each of the identified WRC building and locations. This cabling system will ultimately link the identified independent distribution facilities (IDF)/communication rooms within the WRC buildings and WRC Pier to the two campus MDFs located in Bldg. 1 and Bldg. 3.

A part of the installation activities shall be the optical loss testing for each fiber strand link. Plus, all cables and termination points shall be clearly identified on both ends.

4.0 TASK

1. General:

a. Provide a complete campus inter-building fiber backbone cabling system. This will include but not limited to, multi-strand single-mode indoor/outdoor fiber optic cables, equipment racks/cabinets, rack and/or wall-mountable hardware, splice cassettes, distribution frames, patch panels, patch cables, LC connectors, path and raceway components, J hooks, D rings, cable support, pull lines and accessories, as appropriate, to provide a complete and working cable system.

Reference Appendix A – WRC Communication Vault Map and WRC Building Maps with MDF and IDF locations.

b. All designs and installations shall follow the latest EIA/TIA standards and the BICSI proposed installation procedures. If questions arise as to which reference, standard, or code should apply in a given situation, the more stringent shall prevail.

c. Vendors shall perform a mandatory site survey of WRC campus facility, review the requirements and context, inter and intra-building distances, access, and conditions of the telecommunication vaults and rooms before submitting proposals, and will include in the proposal a documented analysis used as a basis for implementing fully functional campus fiber optic network backbone system.

d. The contractor shall inform the Government in a timely manner, if and when necessary, additional facility or electrical (e.g.: wall, ceiling, or floor) upgrades to install all proposed equipment are required. If changes are required, the contractor shall work with the WRC facilities POC to request the change, in a manner that ensures that the aesthetics of each room/area will have the least amount of physical changes or alterations done to the facility as a result of the proposed installation.

e. In consultation with the Government, the contractor shall perform all installations of the fiber cabling, equipment (e.g. racks, enclosures), and terminating devices/hardware (with the exception of the electrical contractor and general contractor work such as carpentry, ceiling tile, wall modifications, etc.) using only technically trained/experienced employees in the installation of a fiber optic cabling system.

f. Inter-building and intra-building backbone fiber must have a dry water-blocking system (100% gel-free) cable construction designed for both indoor and outdoor (submerged in approximately 8 feet of drain water and aerial) applications without a transition splice at the building entrance or outdoor communications vault; and it must also have a minimum 20 foot service loop within each of the buildings, unless otherwise specified. The fiber cabling shall be OS2 single-mode, indoor/outdoor, plenum rated that meets ICEA S-104-696 test criteria and is also OFNP and FT-6 listed for plenum, riser and general purpose use.

g. Fiber Optic Installation: All Inter-building fiber must be installed within existing underground conduits and communications vaults. The majority of the pathways will be along WRC Service Road and all buildings will have adequate space within the building access to reach each of the MDF/IDF. Any proposed deviations from this must be coordinated with the designated WRC point of contact (POC).

Reference Appendix B – WRC Fiber Cable Installation Details for the complete listing of required fiber cable runs, minimum number of strands, and the approximate distances of each run.

h. Each cable is to be routed through the appropriate communications vaults, conduits and/or cable management system using fabric innerduct, if necessary, and must be accompanied by a pull cord (MuleTape or equivalent) to be left in all conduits for future runs.

i. All fiber is to be installed within existing racks or new racks/enclosures with LC duplex connectors inserted into fully-enclosed termination shelves, unless otherwise requested.

j. Rack/Cabinet Installation: All fiber cabling management and terminating hardware shall be installed with proper bend radius protection, well-defined cable routing paths, adequate spacing for easy access, physical protection, and be neat and uniform in appearance. The WRC disallows use of high-density patch panels (defined as more than 24 ports in a 1-U frame, or 48 ports in a 2- U frame).

Reference Appendix C - Cabling Products or equivalents

k. Each cable is to be labeled with a permanently attached label within the vaults and at each end, bearing a unique identification (i.e. TIA 606). All labels shall be machine printed and easily accessible, both physically and visually.

l. No surface or exposed cable tray/conduit will be installed without the permission of the WRC

POC.

m. All fiber strands are to be tested. Perform end to end bidirectional Tier 1 optical loss testing and certification for each fiber strand link and provide written results to the WRC POC. Certification will include: confirming cable length, checking for polarity, measuring the fiber link’s overall attenuation, and indicate a PASS which will imply it meets the minimum requirements for infrastructure reliability and integrity in accordance with industry (ANSI/TIA/EIA 568) standards.

n. The Contractor shall provide all labor and materials called for in the specifications in accordance with the conditions of the contract. This includes all incidentals such as equipment, hardware, services, hoists, lifts, sump pumps, supports, tools, supervision, consumable items, etc., necessary to provide a complete fiber cabling system.

o. All damage must be repaired to original state. Hallways, communication rooms, ceiling tiles, etc.

must be left clean and tidy, with all packaging material removed.

p. Work must be carried out during normal working hours (07:00 to 17:00), with exceptions coordinated with the WRC POC.

q. Upon completion of the work, the following documentation/submittals shall be provided within 20 business days:

• As-Built drawings, in hard copy and electronic format, identifying locations of all fiber optic cabling and termination points. Drawings should include identifying information from the cable identification tags.

• Product information (manufacturer and part numbers) and shop drawings

• Rack and patch panel layout/connectivity diagrams

• Outside plant, cabling, methods, and paths with footages and bends

• Warranty Letters

• Electronic copy of all test results

2. Specific Building Inclusions:

a. Provide and install four-post adjustable 45U - 19” equipment racks with vertical side rails for housing, mounting and terminating fiber hardware (patches panels & fiber enclosures), network switches, routers, etc., as required. Installation locations are as follows:

i. Bldg. 1, Room 1014

ii. Bldg. 4, Room 2057

b. Provide and install hinged, locking, vented, wall-mount 10U - 19” rack cabinet for housing, mounting and terminating fiber hardware (patches panels & fiber enclosures), network switches, routers, etc., as required. Removal of existing enclosure may be necessary to install new unit.

Installation locations are as follows:

iii. Bldg. 2, Utility Room M

iv. Bldg. 6, Pantry Room

v. Bldg. 9, Mech. Room 6B

c. WRC Staging Pier: Provide and install a NEMA 4X, waterproof, corrosion-resistant, rack mount OSP cabinet with padlocking handle, adjustable 19” rails, and 10U - 12U capacity, for housing, mounting and terminating fiber hardware (patches panels & fiber enclosures), network switches, routers, etc., as required.

3. Quality Assurance

a. Assemblies: All assemblies provided by the contractor under this contract shall be new (unused).

The contractor shall obtain approval from the government prior to use of other than new assemblies.

b. Warranty: The contractor shall provide the government with a one-year commercial warranty from the date of installation on all COTS equipment or assemblies purchased as applicable. All work for the installation of the infrastructure, cable plant and fiber quality should be without error and warranted for a minimum period of five years; unless due to Act of God/nature or other external agency causes the outage and fiber to become inoperable.

c. Acceptance Test: The contractor shall develop and provide to the government an Acceptance Test Plan (ATP) within 30 days after contract award for the fiber health and physical plant implementation but not required to begin work. The ATP shall verify the testing and operational readiness of the Fiber Optic Cable plant for all strands.

Installation of all fiber optic cables must follow all manufacturers’ specifications for installation.

100% of the fiber tested must meet requirements for the whole of the fiber to be accepted.

Delivery

Date of Award through 30 days

Government-Furnished Property (GFP)

None

Security Considerations

Appropriate notifications will be made with campus security. NOAA employees will escort contractors at all times during work being performed.

The following forms of identification may be required after the time of award [Real ID Act of 2005 (Public Law 109-13)]:

● Enhanced Driver's License from the states of Washington, Minnesota, and New York

● U.S. Passport

● U.S. Passport Card

● U.S. Department of Defense CAC

● U.S. Federal agency HSPD-12 compliant ID cards

● U.S. Veterans ID

● U.S. Military Dependent's ID Card

● U.S. Trusted Traveler Card – Global Entry, SENTRI, or NEXUS

● U.S. Transportation Workers Identification Credential (TWIC)

● State issued Real ID Compliant Driver's Licenses and Identification Cards.

Travel

None

Special Material Requirements

None

Other Unique Requirements and Considerations

Site Walk-Throughs: NOAA strongly recommends the scheduling of a walk-through of the buildings to survey and assess each building’s access from the service road communications vaults (See Section H). Walk-throughs of the nine buildings can be done in a single day. It is anticipated that vendors will use the information gathered during the walk-throughs to more accurately develop their cost proposal.

Place of performance

All work will be completed at the NOAA Western Regional Center, 7600 Sand Point Way NE, Seattle, WA 98115

Period of performance

Date of Award through 30 days

SECTION C – DESCRIPTION SPECIFICATIONS

APPENDIX A – CAMPUS COMMUNICATIONS VAULT MAP

APPENDIX B: WRC FIBER CABLE INSTALLATION DETAILS

The table below provides the fiber cable installation and location details along with approximate distances.

APPENDIX C:

Cabling Products (or equivalent)

Cabling Products

Manufacturers Product Number Product Description

Corning SMF-28e FREEDM Single-Mode, indoor/outdoor, plenum rated, yellow

Chatsworth 1521 QuadraRack with vertical side rails

Tripp-Lite SRW10US SmartRack Switch-Depth Wall-Mount Rack Cabinet, Hinged

Hoffman ECL606050P Comline OSP Switch-depth Cabinet (NEMA 4X)

BUILDING

ORIGIN ROOM # VAULT #

BUILDING

DESTINATION ROOM # VAULT # QTY

MINIMUM

# of

STRANDS

APPROX.

DISTANCE

1 Bldg. 1 1014 C108 Bldg. 3 2048 C110 1 96 790'

2 Bldg. 1 1014 C108 Bldg. 4 2057 C112 1 48 1440'

3 Bldg. 1 1014 C108 Bldg. 8 103 C106 1 48 650'

4 Bldg. 1 1014 C108 Bldg. 9 06 A/B C109 1 48 610'

5 Bldg. 3 2048 C110 Bldg. 2 04M Under B3 1 48 290’

6 Bldg. 3 2048 C110 Bldg. 4 2057 C112 1 48 880'

7 Bldg. 3 2048 C110 Bldg. 8 103 C106 1 48 1230’

8 Bldg. 4 2057 C112 Bldg. 6 3 C114 1 48 1180'

9 Bldg. 8 103 C106 Bldg. 32 109 C104 1 48 950’

10 Bldg. 8 103 C106 WRC Pier C1 & C2 1 48 460'

NOTE: B1, B3, B4: 1st & 2nd Floors measure 15' high on each floor, which is accounted for in measurements

SECTION D – PACKAGING AND MARKING

All deliverables required under this order shall be packaged, marked and shipped in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract/order number and contractor name.

The Contractor shall guarantee that all required materials are delivered in immediate usable and acceptable condition.

SECTION E – INSPECTION AND ACCEPTANCE

a. The Government point of contact (POC) identified in Section G will perform inspection and acceptance of parts at the location identified in this section. Acceptance is communicated in writing, unless otherwise indicated, within 30 days of receipt.

b. This order incorporates FAR clause, 52.246-2 Inspection of Supplies-Fixed Price (Aug 1996) by reference, with the same force and effect as if it was given in full text. Upon request, the Contracting Officer will make its full text available.

1352.246-70 Place of acceptance (APR 2010)

(a) The Contracting Officer or the duly authorized representative will accept supplies and services to be provided under this contract.

(b) The place of acceptance will be:

NOAA Western Regional Center 7600 Sand Point Way NE Seattle, WA 98115

SECTION F – DELIVERIES OR PERFORMANCE

a. Deliveries

Satisfactory performance of this order shall be deemed to occur upon delivery of the parts described in Section 2 of this order.

Deliveries required by the contractor shall be made F.O.B. destination within 30 days from receipt of the award to the addresses/addressees listed below.

b. Delivery Location(s) and Place of Performance:

Deliveries shall be made to the Government POC at the following location:

NOAA Western Regional Center 7600 Sand Point Way NE Seattle, WA 98115

Unless otherwise specified, deliveries shall be made to the Delivery Location(s) specified above, Monday through Friday (excluding Federal Holidays, see Section G(c) between the hours of 7:00 a.m. and 7:00 p.m, EDT only. Supplies or services scheduled for delivery on a Federal holiday shall be made the next business day.

The contractor shall give the Government POC 24 hours’ notice prior to delivery.

Period of performance

Date of Award through 30 days

SECTION G – CONTRACT ADMINISTRATION DATA

a. The following personnel will represent the Government for the purpose of this delivery order:

1) Government Technical Point of Contact (TPOC)

TBD – The POC will be identified at award.

Contracting Officer (CO)

Catherine Perren 1325 East West Highway, #11228 Silver Spring, MD 20910 Tel: (301) 628-1398 catherine.a.perren@noaa.gov

b. Invoice Submission The Contractor shall submit an original invoice to the Government POC identified in Section G(a). To avoid delay in processing of payments, please submit all invoices directly to the Government POC. The POC will certify and forward the invoices to Finance office together with the receiving report for payment. Any invoice that does not include the required information listed in Section I, FAR 52.212-4(g) will be sent back to the Contractor for revision.

EFT information shall match what is in contractor’s registration in the System for Award Management

(SAM).

c. Government Holidays Workplace is not available on the Government Holidays stated below, or as prescribed by an Executive Order (EO) or OPM.gov due to inclement weather.

January (New Year’s Day) January (Martin Luther King Day) February (President’s Day) May (Memorial Day) July (Independence Day) September (Labor Day) October (Columbus Day) November (Veterans Day) November (Thanksgiving) December (Christmas Day)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

Site Visit Walk-Through: NOAA offers the opportunity for a site visit walk-through of the campus and related buildings to survey and to assess building's construction. It is anticipated that vendors will use the information gathered during the walk-throughs to more accurately develop their cost proposal. Travel expenses for walk-throughs will not be reimbursed. Walk-throughs of the buildings will take approx. 2 hour.

Available appointments for site visits are as follows:

Tuesday, August 22, 2017; 9:00 am PDT Tuesday, August 24, 2017; 1:00 pm PDT

Address of Walk-Through:

DOC/NOAA/

Western Regional Center 7600 Sand Point Way NE, Building #1 Seattle, WA 98115

In order to participate in the site visit, vendors must email lashawn.haggins@noaa.gov, Building POC, building entry requirements and parking information will be provided to contractors that schedule a site visit. Site visits shall be scheduled no later than August 21, 2017; 3pm ET, for an appointment on August 22, 2017; and no later than August 23, 2017; 3:00pm EST, for an appointment on August 24, 2017.

Appointments made after that time shall not be honored.

Contractors will sign a registry sheet to document they participated in a site visit.

To ensure all potential offerors have access to information related to this requirement, questions will not be addressed during the site visits. All questions must be submitted in writing to lashawn.haggins@noaa.gov no later than Friday, August 28, 2017, 3pm ET. All questions and responses to questions will be provided to all contractors that performed a site visit no later than Tuesday, August 30, 2017, and will be posted as an amendment to this solicitation.

NIST SP 800-53

The contractor shall ensure that all data associated with this delivery order is protected from unauthorized access, modification and misuse in accordance with NIST SP 800-53 guidance. The following website provides a copy of this guidance. http://csrc.nist.gov/publications/PubsSPs.html#800-53.

http://csrc.nist.gov/publications/PubsSPs.html#800-53

SECTION H – SPECIAL CONTRACT REQUIREMENTS

IT Security

The contractor shall ensure that media sanitization has taken place prior to disposal of any media. The date and nature of such sanitization procedures should be recorded as required by MP-5 Media Sanitization of the Department of Commerce (DOC) Information Technology Security Policy and Procedures (ITSPP).

Per FAR 39.101(d), the contractor shall comply with the regulations involving NIST common security configuration checklists including Federal Desktop Core Configuration (FDCC) or United States Government Configuration Baseline (USGCB) initiative. The list of common security configurations can be found at http://checklists.nist.gov.

Travel

None. The Government will not reimburse travel expenses.

Special Requirements. Vendors may use this space to list any special requirements from the Government they have in order to accomplish the work (ie., access to the fuse box, crawl space or ceiling).

http://checklists.nist.gov/

SECTION I – CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/vfcara.htm or http://farsite.hill.af.mil/vffara.htm

CAR Clause Description Date 1352.201-70 Contracting Officer's Authority 1352.209-73 Compliance with the laws April 2010 1352.209-74 Organizational conflict of interest April 2010 1352.237-71 Security Processing Requirements – Low April 2010

Risk Contracts 1352.239-72 Security Requirements for Information April 2010

Technology Resources

FAR Clause Description Date 52.209-10 Prohibition on Contracting with Inverted Nov 2015

Domestic Corporation 52.212-4 Contract Terms and Conditions – Commercial May 2015

Items 52.217-8 Option to Extend Services Nov 1999 52.222-41 Service Contract Labor Standards May 2014 52.232-40 Providing Accelerated Payments to Small Dec 2013

Business Subcontractors 52.239-1 Privacy Safeguards Aug 1996

52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-02) (Feb 2015)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements http://farsite.hill.af.mil/vfcara.htm http://farsite.hill.af.mil/vffara.htm applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

52.209-10, Prohibition on Contracting with Inverted Domestic Corporations—Representation and Notification. (Final) (FAR Case 2015-006) (Effective: November 1, 2015)

This final rule amends the provision and clause of the FAR that address the continuing Government-wide statutory prohibition (in effect since fiscal year 2008) on the award of contracts using appropriated funds to any foreign incorporated entity that is an inverted domestic corporation (under section 835 of the Homeland Security Act of 2002, codified at 6 U.S.C. 395) or to any subsidiary of such entity. In particular, this rule modifies the existing representation at FAR 52.209–2 and adds a requirement in the clause at 52.209–10 to notify the contracting officer if the contractor becomes an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, during performance of the contract. This rule will not have any significant effect on most contractors, because few contractors are expected to become an inverted domestic corporation or a subsidiary of an inverted domestic corporation during contract performance. Small business concerns are particularly unlikely to have been incorporated in the United States and then reincorporated in a tax haven.

52.212-4 -- Contract Terms and Conditions -- Commercial Items (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of 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 exercise its post-acceptance rights --

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

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

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of 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 agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

(v) Shipping number and date of shipment, including the bill 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 contract.

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—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, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

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

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

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

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

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

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

(A) Circumstances 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 at fixed by the Secretary until the amount is paid.

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

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

33.211 if—

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

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

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

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

(A) The date fixed under this contract.

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

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

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

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

or

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

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

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

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

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

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

(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 acceptance, 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 particular purpose described in this contract.

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

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

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 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 order:

(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 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 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. 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 information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information 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 FAR 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 Use 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 appearing 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.

52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. (Jun 2016)

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

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(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) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

https://www.acquisition.gov/

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

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_x__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

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

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_x__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

_x__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (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__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (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 (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.