TFSAOIT15CI0005_FINAL.pdf

03/02/2015

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (DEC 2014)

ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS (DEC 2014)

DTAR 1052.232-1 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (AUG 2012)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Payment documentation and process" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS

For payment and invoice questions, go to https://www.ipp.gov or contact the Accounting Services Division at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to electronic funds transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

MARKING OF SHIPMENTS

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND AUTHORITY (AUG

2011)

(a) The COR(s) are named on the award form SF-1449. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

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

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

TFSAOIT15CI0005

https://www.ipp.gov/

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

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR.

If, in the opinion of the contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

1052.210-70 CONTRACTOR PUBLICITY (AUG 2011)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this provision may be considered during the evaluation of past performance in future competitively negotiated acquisitions.

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement

Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

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 Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the final 30 days of each contract period; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

(a) Except as stated in paragraph (b) 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:

(1) Any such clause is unenforceable against the Government.

(2) 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.

(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulation and procedures.

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

CONTRACT TERM

The period of performance for this procurement is a March 20, 2015 through March 19, 2016, plus four 12-month Option Periods.

PERFORMANCE EVALUATION

This contract is subject to a performance evaluation via The Contractor Performance Reporting System (CPARS) at www.cpars.csd.disa.mil. Following the end of each contract period and at contract completion, a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the Contracting Officer’s Team Lead The final evaluation of the Contractor’s performance is the decision of the Contracting Agency. A copy of the final performance evaluation report will be sent to the Contractor and to the Government’s past performance database at www.ppirs.gov.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL ITEMS (DEC 2014)

(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 (Dec 2014)

(2) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

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

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

___ (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).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [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).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

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

2313).

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

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

___ (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 2011) (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 2014) (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 2014) of 52.219-9.

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

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

___ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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. 657 f).

_X_ (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 Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755) ___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

___ (33) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (34) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (35) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

___ (36) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (37) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (38) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (39) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (40) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (41) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (42) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (43) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (44) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (45) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (46) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (47) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C.

2307(f)).

___ (48) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (49) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C.

3332).

___ (50) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (51) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X_ (52) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (53) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

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

[Contracting Officer check as appropriate.] ___ (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

___ (10) 52.222-55, Minimum Wages Under Executive Order 13658 Dec 2014)(Executive Order 13658).

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

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(ix) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(x) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

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 address: https://www.acquisition.gov/far/

PRICE SCHEDULE

BASE YEAR

CLIN DESCRIPTION QTY UNIT OF

ISSUE

UNIT PRICE TOTAL PRICE

0001 Upgrade, Training, and Integration of Autonomy to HP RM 8 PoP: 03/20/2015 – 12/23/2015

1 EACH

0002 Maintenance and Support PoP: 05/15/2015 – 03/19/2016

10 MONTHS

0003 Travel - NOT TO EXCEED to be paid as actuals

$ 4,000.00

BASE YEAR TOTAL

OPTION YEAR 1

1001 Maintenance and Support

PoP: 03/20/2016 – 03/19/2017

12 MONTHS

OPTION YEAR 2

2001 Maintenance and Support

PoP: 03/20/2017 – 03/19/2018

OPTION YEAR 3

3001 Maintenance and Support

PoP: 03/20/2018 – 03/19/2019

OPTION YEAR 4

4001 Maintenance and Support

PoP: 03/20/2019 – 03/19/2020

TOTAL AGGREGATE (Base plus four Options): ________________________

Performance Work Statement Autonomy Upgrade to HP RM8

1.0 Background:

The Bureau of the Fiscal Service, Information Security Services (ISS), has a requirement to upgrade the existing Autonomy System to the HP Records Manager 8 (HP RM8) along with securing ongoing support after the current Autonomy Maintenance contract expires May 14, 2015. In accordance with Executive Order M-12-18, dated August 24, 2012, records are the foundation of open government, supporting the principles of transparency, participation, and collaboration. Well-managed records can be used to assess the impact of programs, to improve business processes, and to share knowledge across the Government. This Directive requires that to the fullest extent possible, agencies eliminate paper and use electronic recordkeeping. It is applicable to all executive agencies and to all records, without regard to security classification or any other restrictions. Autonomy is the current application used to manage the life cycle of The Bureau of the Fiscal Service records. Autonomy was first purchased in 2006 when the trade name was FileSurf. The product has been rebranded several times over the years and the latest trade name of Autonomy is now being upgraded to HP RM8.

SharePoint is used in the early stages of a document for the creation and collaboration stages prior to becoming a record.

The HP RM8 integration product will allow SharePoint to pass the records to HP RM8; which in turn will manage the retention and destruction cycle of the records. HP RM8 will manage electronic and physical records including a warehouse package to manage storage space locations for the long term inactive records.

2.0 Scope:

The current Autonomy Records manager utilized by the Bureau of the Fiscal Service shall be upgraded to HP RM8, to include the installation of the HP RM8 integration component for SharePoint 2013. The upgrade will take place at the Parkersburg, WV location, as well as, at the SharePoint Farm located at the Treasury Building in Washington DC. The HP RM8 integration component will not be installed until The Department of Treasury has upgraded to SharePoint 2013. The Contractor will be installing the software on Government equipment; however, the Contractor shall be directing government employees that will do all key strokes. The Contractor will not be allowed to touch the keyboard.

3.0 Objectives:

• All special configurations in Autonomy Records Manager will be converted into HP RM8 including such items as custom box label, custom fields, expanded office fields, etc.

• The HP RM8 integration component will be operational in Washington D.C. with the application server and data base located in Parkersburg WV including limitations as described in the Task section

• 4 handheld scanners will be properly operational including the upload report

• Training on HP RM8 will be provided including specific items identified in the Task section

• The idol search engine will properly perform content searches of electronic documents and meta data

• End Users shall be able to file multiple documents at one time;

o that at set schedules may automatically file documents from the shared drive without any user action;

o a system that allows the transfer of documents from SharePoint Records Center to HP RM8;

o includes warehouse functions including barcode reading with reports;

o conversion of existing information into HP RM8;

o and knowledge transfer to the system administrators to perform all the function to run the complete system

• All items shall be completed or a work-a-round solution shall be provided

4.0 Tasks:

4.1 The Contractor shall provide employee security clearance information at a minimum of 3 weeks prior to being on site.

4.2 The Contractor will provide the data conversion, and system configuration to upgrade special custom feature such as box label, custom fields, custom scripts (such as 12 digit office codes and warehouse space sort), MC 75A handheld scanners integration, software, and licensing for 1,018 users to upgrade from the current Autonomy Records Manager

12.6.2.2 to the new version HP RM8

4.3 The upgrade will be installed to three environments. During the first two environments the Contractor will explain the step-by-step process to the installation so that the government IT personnel can perform the third installation of the upgrade with phone support. The installations include Application Server, Web Server, IDOL indexer, desktop clients and MC 75A handheld scanners. The Contractor will provide installation documentation.

4.4 The first environment is to install the application to the integration environment where the government will run tests on the system. The installation will include installing the desktop client on a tech lab PC. The tests on the system will be completed in 4 business hours following the successful installation to the integration environment assuming that there are no results showing a problem with the application.

4.5 The second installation will be to the Acceptance environment. Following the successful installation and task 8 training, the government will need 30 days to get familiar with the new look and feel of the application. It will not require indexing of the IDOL search engine at this time. It will require a step by step explanation to the Government IT personnel how to index the IDOL search engine while the Contractor is on site. This also includes installing two desktop clients for the system administrators, 4 handheld scanners at the warehouse in Parkersburg, WV and the desktop clients for the training machines if required.

4.6 The third installation is to the production environment. The Contractor is not expected to be on site during this installation. The Contractor will provide phone support before, during and after the installation if needed by the government.

4.7 The integration component for Sharepoint was purchased under contract TPD-OIT-12-K-00062 but was not installed due to new Treasury requirements. This item is to install the upgrade of the integration component for Sharepoint 2013 of the item previously purchased. Installing this upgrade will require coordination with the Department of Treasury and Fiscal Service. SharePoint 2013 is scheduled to be installed midyear 2015. The Contractor should expect delays from this date.

Installation documentation shall be provided by the Contractor. There are two major requirements from Treasury ECM to incorporate HP RM8 into ECM SharePoint environment

4.7.1 Install should not require administrative rights to SharePoint Farm, or any SharePoint backend databases (including Admin and Configuration Ds), the only exception is the relevant content databases associated with the web site.

4.7.2 Any HP RM8 features or web parts should be scoped at web application level, and must be hidden. i.e.

MUST be able to select which web applications it can be deployed to, so that other web applications cannot see or use the feature/WP. Also it MUST be hidden, and manually activated so that no other site collection admins can activate/deactivate the feature.

4.8 The Contractor will provide training with step-by-step processes to perform specific functions. The training will be at the Fiscal Service facility in Parkersburg WV and is to immediately follow the installation of HP RM8 to the Acceptance environment. There will be two to five employees being trained. The training will cover Desktop client, Web client and handheld scanner functions. The training will include handout materials that list the step-by-step processes to:

4.8.1 Enter new box metadata using the web client.

4.8.2 Approve Record Boxes created by customers

4.8.2.1 Locate all new boxes waiting for approval.

4.8.2.2 Change a column for multiple boxes at one time. The current version uses the advance table for this feature.

4.8.2.3 Change global security for several boxes at one time.

4.8.2.4 Display box details to change metadata fields.

4.8.2.5 Print custom box labels.

4.8.2.6 Create electronic folder (the documents in a physical box will be scanned and placed in this folder).

4.8.2.7 How to change the status for a group of boxes waiting for pickup.

4.8.3 Create new electronic folders using the web client.

4.8.4 Approving Electronic Folders

4.8.4.1 Locate all new folders waiting for approval.

4.8.4.2 Sort new folders by metadata columns such as category or folder creator.

4.8.4.3 Change a column for multiple folders at one time. The current version uses the advance table for this feature.

4.8.4.4 Change global security for several folders at one time.

4.8.4.5 Change folder status for a group of folders.

4.8.5 Box pickup reports

4.8.5.1 How to print new Box pickup reports.

4.8.5.2 How to identify boxes that have been picked up.

4.8.5.3 How to display completed box pickup reports.

4.8.6 How to look for boxes that are circulating.

4.8.7 Destruction Sessions

4.8.7.1 How to create emails with the monthly destruction sessions by office for physical boxes and electronic folders.

4.8.7.2 Display content of sessions.

4.8.7.3 Group content by office or responsible person.

4.8.7.4 Set and change “Authorized by”.

4.8.7.5 Email sections of the session.

4.8.7.6 Processing for disposition.

4.8.8 Quarterly audit of boxes

4.8.8.1 Sorting boxes by warehouse space location.

4.8.8.2 Configuring and printing reports.

4.8.9 How to configure and print reports.

4.8.9.1 Pulling data fields from several tables into one report.

4.8.9.2 Sorting space report by section, row, spaces with zero filling single digits such as 001, 005, 009.

4.8.10 File new electronic documents to HP RM8

4.8.10.1 File multiple documents at one time. This was the eFile feature.

4.8.10.2 File one document at a time.

4.8.11 Document Import

4.8.11.1 Create a document Import.

4.8.11.2 Look for document import errors. The previous version used FSDocImport_RKONZ[BOBKONZ2].log and FSDocImportReport_RKONZ[BOBKONZ2]13.log.

4.8.12 New user setup

4.8.12.1 Create new user groups.

4.8.12.2 Create new office codes.

4.8.12.3 Create new rooms.

4.8.12.4 Create new user accounts.

4.8.12.5 New Categories

4.8.12.6 Create new rules.

4.8.12.7 Create new categories.

4.8.13 Web Administrator overview

4.8.13.1 The web administrator url.

4.8.13.2 Where are the web configurations located?

4.8.13.3 Where are the web page configured?

4.8.13.4 Is there a SQL tool?

4.8.14 SharePoint 2013 integration

4.8.14.1 How to move documents from Sharepoint to HP RM8.

4.8.14.2 How to retrieve documents.

4.8.14.3 How to configure and automatic transfer of documents from Sharepoint to HP RM8.

4.9 Provide 12 months of Maintenance for all components of HP RM8 including the handheld scanners and integration component for SharePoint 2013. This includes help desk phone support, fixes for bugs, and software upgrades.

4.10 Provide additional HP RM8 End User Licenses. This is an indefinite-quantity not to exceed 400 licenses per year.

4.11 Provide 12 months of maintenance service for the additional HP RM8 End User Licenses purchase in paragraph 11.

This is an indefinite-quantity not to exceed 400 licenses.

5.0 Deliverables:

5.1 Task 4.1, the Contractor shall provide employee security clearance information at a minimum of 3 weeks prior to being on site.

5.2 Task 4.2, Data conversion, software for HP RM8 and licenses. This needs to be coordinated with the installation date. There also must be a minimum of 30 days between this task (including task 4.8 training) and task

4.7. To be performed at Parkersburg, WV.

5.3 Task 4.7, HP RM8 Integration Software SharePoint 2013. This must be coordinated with the installation of SharePoint 2013 which is scheduled for midyear 2015. To be performed at Washington DC

5.4 Task 4.8, Training, is to be coordinated with task 4.5. To be performed at Parkersburg, WV.

5.5 Task 10, Additional Licenses will be ordered as needed.

5.6 The Contractor will provide installation documentation for task 4.3 and 4.7 and user guides for task 4.8.

6.0 Security:

The contractor shall meet the security requirements listed in Attachment A Security Requirements document.

7.0 Place of Performance:

The upgrade to HP RM8 will take place at Parkersburg WV. The SharePoint Farm where the HP RM8 integration component will be installed will be at the Treasury Building in Washington DC.

8.0 Period of Performance:

Period of Performance shall be from 20 Mar 2015 through 19 Mar 2016, plus four (4) option years.

The upgrade to HP RM8 and training portion of this requirement will be from 20 Mar 2015 through 12 Jun 2015.

The integration portion of this requirement will be from 1 Jun 2015 through 23 Dec 2015. See Section 5.0 Deliverables for details.

Maintenance and support of this software shall not begin until 15 May 2015.

9.0 Performance Evaluation:

This contract is subject to a performance evaluation. Following the end of each contract period and at contract completion, a completed Government evaluation shall be forwarded to the Contractor. The Contractor may submit written comments, if any, within the time period specified in the evaluation transmittal. The Contractor’s comments shall be considered in the issuance of the final evaluation document. Any disagreement between the parties regarding the evaluation shall be forwarded to the Bureau Chief Procurement Officer (BCPO). The final evaluation of the Contractor’s performance is the decision of the BCPO. A copy of the final performance evaluation report will be sent to the Contractor and to the Government’s past performance database at www.ppirs.gov.

10.0 Quality Assurance Surveillance Plan (QASP):

The Government will evaluate the Contractor's performance in accordance with this Quality http://www.ppirs.gov/

Assurance Surveillance Plan (QASP) identified herein. The purpose of the QASP is to ensure reliable, uninterrupted services are provided in accordance with the PWS. This plan will also ensure acceptable performance and assist in avoiding unnecessary mistakes and/or delays.

10.1 Performance Categories & Standards. The COR will summarize and document the Contractor's service and delivery performance utilizing the following categories and standards:

10.1.1 Completeness - Tasks and Deliverables were 100% completed by the Contractor.

10.1.2 Effectiveness - Tasks and Deliverables provided by the Contractor were 100% effective toward contributing to the overall success of the project.

10.1.3 Timeliness - Tasks and Deliverables were 100% completed within the agreed upon schedule and specified periods of performance.

10.1.4 Communication - Communication with the government was 100% professional.

10.2 Surveillance method. 100% Inspection. The installation documentation for task 4.3 and 4.7 and user guides for task 4.8 (deliverable 5.6) will be inspected by the Government POC, and any comments will be provided within five (5) business days after receipt from the contractor.

10.3 Incentive/Disincentive

10.3.1 Incentive: If Contractor performs the tasks and deliverables in accordance with performance standards, then favorable comments will be documented on Contractor’s Past Performance.

10.3.2 Disincentive: If the Contractor does not perform the tasks and deliverables in accordance with the performance Standard, then unfavorable comments will be documented on Contractor’s Past Performance.

10.4 Performance Issues. If the Government evaluations identify unacceptable performance in any of the above categories, the COR will record it and notify the Contractor within three (3) business days. The Contractor will be required to initial the observation, however, initialing of the observation does not constitute concurrence with the observation; it only indicates acknowledgement that the Contractor has been made aware of a potential performance issue(s). The Contractor shall be expected to meet with the Government for developing and implementing a plan to correct any performance issue(s) at no additional cost to the Government. If the Contractor does not agree with correcting the unacceptable performance issue(s) within the time specified by the Government, then the COR will notify the Contracting Officer who will take the appropriate administrative action for unacceptable performance.

52.212-1 INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (APR 2014)

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS -- COMMERCIAL ITEMS (APR 2014)

NOTICE TO FIRMS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

In accordance with far 9.405, offers are not solicited from firms debarred, suspended, or proposed for debarment. Ineligible firms shall consider this an informational copy only.

PROPOSAL INSTRUCTIONS

The Offeror assumes full responsibility for ensuring all electronic materials and attachments submitted are formatted in accordance with the Bureau of the Fiscal Service Security Requirements. The following file extensions are not allowable and application materials/data submitted with these extensions cannot be considered:

.bat, .cmd, .com, .exe, .pif, .rar, .scr, .vbs, .hta, .cpl, html, mhtml, and .zip files

The Government does not allow 3rd party messaging systems/secure mail.

Microsoft Office non-macro enabled compatible documents and .PDF documents are acceptable. If the Offeror determines that other formats are necessary, it is the Offeror’s responsibility to verify with Fiscal Service that those formats are acceptable. Proposal materials with unacceptable or unreadable formats may be found non-responsive.

In addition to the items specified in the solicitation provision above, the following information is necessary to enable proper evaluation of offers in response to this solicitation:

(a) Price shall be shown in U.S.dollars with a maximum of two decimal points.

(b) Price quotes shall include the following:

1) Per unit and extended pricing for each item.

2) VPAT (if applicable) for each item being quoted.

3) Software FDCC compliance

4) Place of Manufacture

5) Trade Act Compliant (Yes/No)

6) DUNS #

7) Invoice Terms

8) Payment Terms

9) Warranty Details

10) Customer Account Number

INVOICE PROCESSING PLATFORM (IPP) WAIVER

If unable to use IPP for submitting payment requests, Offerors are required to complete the attached waiver form (see IPP Waiver Attachment) and submit with proposal. Adobe Acrobat Portable Document Format (PDF) and Microsoft Word are the only acceptable electronic invoicing formats. Invoices must contain the information required in FAR 52.212-4(g).

On the waiver form the Offeror shall indicate the reason(s) and the duration for which it is requesting the waiver. If the Offeror’s current invoicing system is not compatible with IPP, the Offeror shall provide contact information for the person who can work with the IPP administrator to develop an interface. The waiver duration will be for no more than 6 months at which time the Contractor must be fully compliant with IPP requirements, or apply for a follow on waiver with the Contracting Officer.

The Contracting Officer will review the waiver request and either approve or deny the request. If approved, and the Offeror receives award, the Contractor shall submit a copy of the approved waiver along with each emailed invoice. If a copy of the waiver is not attached, the invoice will be rejected.

52.212-2 EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Lowest Price, Technically Acceptable

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

ADDENDUM TO 52.212-2, EVALUATION -- COMMERCIAL ITEMS (OCT 2014)

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

1052.209-71 REPRESENTATION BY CORPORATIONS REGARDING A UNPAID FEDERAL TAX LIABILITY OR

CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER FEDERAL LAW (DEVIATION 2015-

00002) (JAN 2015)

(a) In accordance with Sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235) none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that----

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the…