Solicitation, Offer and Award Form (10-28-2014 Revision)
SOLICITATION, OFFER AND AWARD
1. Type of Solicitation: Informational (RFI)
Negotiated (RFP)
Page 1
2. Solicitation Number 3. Solicitation Title 4. Date Issued
5a. Issued By
For Information, Contact:
5b. Name
5c. Phone
5d. Email
SOLICITATION
6. Offers must be received ON OR BEFORE EASTERN TIME at:
the office address in Block 5a with ___ copies
another location (see Section L)
7. Delivery Arrangement
FOB Destination
FOB Origin
Sec.
Description
Page(s)
Sec.
Description
Part I The Schedule
Part II Contract Clauses
A
Solicitation, Offer and Award Form
I
Contract Clauses
B
Supplies or Services and Prices/Costs
Part III List of Documents, Exhibits and Other Attachments
C
Description/Specifications/Work Statement
J
List of Attachments
D
Packaging and Marking
Part IV
Representations and Instructions (Removed at Award)
E
Inspection and Acceptance
K
Representations, Certifications, and
Other Statements of Offerors
F
Deliveries and Performance
G Contract Administration Data L
Instructions, Conditions, and Notices
to Offerors
H
Special Contract Requirements
M
Evaluation Factors for Award
OFFER (must be fully completed by offeror)
9. The undersigned agrees to perform in compliance with the terms and conditions in the following pages if this offer is
accepted within 120 calendar days from the date for receipt of offers specified in Block 6.
10. Acknowledgement of Amendments
(the offeror acknowledges receipt of
amendments to the Solicitation for offerors and
related documents numbered and dated):
Amendment No.
Date
Amendment No.
Date
Amendment No.
Date
Amendment No.
Date
Amendment No.
Date
11. Prompt Payment Discount
(Calendar Days)
12. Authorized Signature
13. Date Signed
No. of Days
%
14. Name and Address of Offeror
15. Signer Information (type or print):
a. Name
b. Phone
c. Title
d. Email
AWARD (to be completed by Government)
16. Contract No. (Solicitation No. + Suffix if applicable)
17a. Name of Contracting Officer
The signature of the Contracting Officer in Block 17
constitutes acceptance of the Offeror’s proposal
date
d ________________________ and consummates
the contract, which consists of this Solicitation, Offer
and Award Form and th
e referenced proposal.
17b. U.S. House of Representatives Signature
17c. Date Signed
Request for Quote (RFQ)
8. Table of Cont
------------------------------ See Page 2
ents
OAM20003S
Web Systems Staff Augmentation
11/26/2019
U.S. House of Representatives
CAO Office of Acquisitions Management
5110 O'Neill House Office Building
Washington, DC 20515
Office Phone: 202-225-2921
Matthew Horn
202-226-0366
matthew.horn@mail.house.gov
December 31, 2019 at 2 PM
the email address in Block 5d
Solicitation
Document No.:
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3S
Document Title:
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Systems Staff Augmentation
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TABLE OF CONTENTS
SECTION B - PRICING SCHEDULE .............................................................................................. 6
B.1. PRICING SCHEDULE ..................................................................................................... 6
B.2. INCIDENTAL SERVICES, TRAVEL, AND EXPENSES .......................................................... 7
SECTION C - DESCRIPTION/SPECIFICATIONS/SCOPE OF SERVICES ............................................ 8
C.1. SCOPE OF SERVICES .................................................................................................... 8
C.2. RESOURCE DESCRIPTIONS ........................................................................................... 8
C.3. LABOR CATEGORIES .................................................................................................... 9
C.4. ORDERING PROCEDURES .......................................................................................... 24
SECTION D - PACKAGING AND MARKING ............................................................................... 25
D.1. PAYMENT OF POSTAGE AND FEES ............................................................................. 25
D.2. PACKAGING AND MARKING ...................................................................................... 25
SECTION E - INSPECTION AND ACCEPTANCE .......................................................................... 26
E.1. INSPECTION .............................................................................................................. 26
E.2. ACCEPTANCE ............................................................................................................. 26
E.3. TITLE / TRANSFER / RISK OF LOSS.............................................................................. 27
SECTION F - DELIVERIES OR PERFORMANCE ........................................................................... 28
F.1. PERIOD OF PERFORMANCE ....................................................................................... 28
F.2. OPTION TO EXTEND THE TERM OF THE CONTRACT ................................................... 28
F.3. PLACE OF PERFORMANCE ......................................................................................... 28
F.4. NOTICE TO THE HOUSE OF DELAYS ............................................................................ 28
F.5. SUSPENSION AND DEBARMENT ................................................................................ 28
F.6. PAYMENT FOR NON-PERFORMANCE ........................................................................ 31
SECTION G - CONTRACT ADMINISTRATION ............................................................................ 32
G.1. AUTHORIZED HOUSE REPRESENTATIVES ................................................................... 32
G.2. AUTHORIZED CONTRACTOR REPRESENTATIVE (ACR) ................................................ 33
G.3. DELEGATION OF AUTHORITY ..................................................................................... 33
G.4. POST AWARD CONFERENCE ...................................................................................... 33
G.5. INVOICES .................................................................................................................. 33
G.6. REMITTANCE ADDRESS ............................................................................................. 34
G.7. REPORTS / PLANS / SCHEDULES ................................................................................ 34
G.8. CONTRACT STATUS AND REVIEW MEETINGS ............................................................ 35
G.9. RESOLVING CONTRACT PERFORMANCE ISSUES ......................................................... 35
G.10. DISPUTES .................................................................................................................. 36
G.11. MODIFICATIONS ....................................................................................................... 37
G.12. TERMINATION .......................................................................................................... 37
G.13. RELEASE OF CLAIMS .................................................................................................. 38
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SECTION H - STANDARD CONTRACT CLAUSES ........................................................................ 39
H.1. CONTRACT TYPE ........................................................................................................ 39
H.2. AVAILABILITY OF FUNDS ........................................................................................... 40
H.3. SYSTEM FOR AWARD MANAGEMENT ....................................................................... 40
H.4. INSURANCE ............................................................................................................... 40
H.5. FEDERAL TORT CLAIMS ACT ...................................................................................... 41
H.6. EXCUSABLE DELAYS ................................................................................................... 41
H.7. WARRANTY ............................................................................................................... 41
H.8. SUBSTITUTIONS ........................................................................................................ 42
H.9. BUY AMERICAN ......................................................................................................... 42
H.10. MOST FAVORED CUSTOMER PRICING ....................................................................... 43
H.11. HOUSE RULES AND REGULATIONS ............................................................................ 43
H.12. COMPLIANCE WITH LAWS ......................................................................................... 44
H.13. HOUSE INFORMATION .............................................................................................. 44
H.14. INFORMATION SECURITY .......................................................................................... 44
H.15. NON-DISCLOSURE AGREEMENT ................................................................................ 45
H.16. PROTECTION OF CONTRACTOR PROPRIETARY DATA ................................................. 45
H.17. EXAMINATION AND AUDIT ....................................................................................... 45
H.18. LIMITATION OF LIABILITY AND INDEMNIFICATION .................................................... 46
H.19. NON-EXCLUSIVITY OF RIGHTS AND REMEDIES .......................................................... 47
H.20. FLOWDOWN AND SUBCONTRACTORS ...................................................................... 47
H.21. E-VERIFY ................................................................................................................... 47
H.22. BACKGROUND CHECKS.............................................................................................. 48
H.23. IDENTIFICATION BADGES .......................................................................................... 49
H.24. KEY PERSONNEL ........................................................................................................ 50
H.25. AUTHORIZED USE BY OTHER LEGISLATIVE ENTITIES .................................................. 50
H.26. COVENANT AGAINST GRATUITIES ............................................................................. 51
H.27. CONFLICTS OF INTEREST ........................................................................................... 51
H.28. ADVERTISING/PROMOTIONAL MATERIALS ............................................................... 52
H.29. INCIDENTAL SERVICES, TRAVEL AND OTHER EXPENSES ............................................. 52
H.30. SEVERABILITY ............................................................................................................ 52
H.31. ASSIGNMENT ............................................................................................................ 53
H.32. ORDER OF PRECEDENCE ............................................................................................ 53
H.33. SAFETY AWARENESS ................................................................................................. 53
H.34. WAIVER OF RIGHTS ................................................................................................... 53
H.35. PRIVACY AND CONFIDENTIALITY ............................................................................... 53
H.36. WORKPLACE RIGHTS & RESPONSIBILITIES POLICIES AND TRAINING .......................... 54
SECTION I - SPECIAL CONTRACT CLAUSES .............................................................................. 55
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I.1. RIGHTS IN NEW WORK PRODUCT .............................................................................. 55
I.2. SOFTWARE ESCROW ................................................................................................. 55
I.3. SOFTWARE LICENSE WARRANTY ............................................................................... 55
I.4. SYSTEM/SOLUTION WARRANTIES ............................................................................. 56
I.5. INTELLECTUAL PROPERTY INDEMNITY ...................................................................... 56
I.6. DOCUMENTATION FOR SOFTWARE AND EQUIPMENT .............................................. 57
I.7. SOFTWARE VERSIONS ............................................................................................... 58
I.8. USE OF HARDWARE OR SOFTWARE MONITORING .................................................... 58
I.9. TECHNOLOGY ENHANCEMENT .................................................................................. 58
I.10. SELF-HOSTING OPTION ............................................................................................. 59
I.11. SERVICE LEVEL AGREEMENTS .................................................................................... 59
I.12. MEDIA SANITIZATION FAX AND COPY MACHINES .................................................. 59
I.13. REMOVED ................................................................................................................. 60
I.14. QUALITY ASSURANCE SURVEILLANCE PLAN .............................................................. 61
I.15. VENDOR PERFORMANCE EVALUATION ..................................................................... 61
I.16. CONSTITUTIONAL PROTECTION AGAINST COMPELLED DISCLOSURE ......................... 61
SECTION J - ATTACHMENTS ................................................................................................... 63
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS . 64
K.1. FINANCIAL INFORMATION ........................................................................................ 64
K.2. INSURANCE INFORMATION ....................................................................................... 64
K.3. COMPANY BACKGROUND AND IDENTIFYING INFORMATION .................................... 64
K.4. QUALITY ASSURANCE INFORMATION ....................................................................... 64
K.5. RESPONSIBILITY CERTIFICATION ................................................................................ 65
K.6. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION ....................................... 66
K.7. AUTHORIZED COMPANY OFFICIALS ........................................................................... 66
K.8. ORGANIZATIONAL CONFLICTS OF INTEREST .............................................................. 66
K.9. REMOVED ................................................................................................................. 66
K.10. GENERAL SERVICES ADMINISTRATION SCHEDULE CONTRACT OR GOVERNMENT-WIDE
ACQUISITION CONTRACT CERTIFICATION ............................................................................ 66
K.11. SYSTEM FOR AWARD MANAGEMENT ....................................................................... 67
K.12. CERTIFICATION OF TRAINING .................................................................................... 67
K.13. SIGNATURE ............................................................................................................... 68
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS ................................. 69
L.1. CONTENT OF PROPOSALS ......................................................................................... 69
L.2. SUBMISSION OF PROPOSALS .................................................................................... 73
L.3. LATE SUBMISSIONS AND REVISION OF PROPOSALS .................................................. 73
L.4. ACKNOWLEDGEMENT OF AMENDMENTS TO SOLICITATIONS ................................... 73
L.5. INFORMATION DISTRIBUTION AND CONTACTS ......................................................... 74
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L.6. RESTRICTION ON DISCLOSURE AND USE OF DATA ..................................................... 74
SECTION M - EVALUATION FACTORS FOR AWARD .................................................................. 75
M.1. EVALUATION FACTORS FOR AWARD ......................................................................... 75
M.2. BASIS FOR AWARD .................................................................................................... 76
M.3. CONTRACT AWARD ................................................................................................... 77
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SECTION B - PRICING SCHEDULE
B.1. PRICING SCHEDULE
WEB SYSTEMS PRICING SCHEDULE HOURLY RATES, FULLY BURDENED
(A)
(B)
(C)
(D)
(E)
(F)
Scope of
Services
Section
Labor category Base Period
Option Period
One
Option Period
Two
Option Period
Three
C.3.1
Web Helpdesk and Customer Support, Level 1
$
$
$
$
C.3.1
Web Helpdesk and Customer Support, Level 2
$
$
$
$
C.3.1
Web Helpdesk and Customer Support, Level 3
$
$
$
$
C.3.2
Drupal Site Builder, Level 1
$
$
$
$
C.3.2
Drupal Site Builder, Level 2
$
$
$
$
C.3.2
Drupal Site Builder, Level 3
$
$
$
$
C.3.3
Web Design and Drupal Theming, Level 1
$
$
$
$
C.3.3
Web Design and Drupal Theming, Level 2
$
$
$
$
C.3.3
Web Design and Drupal Theming, Level 3
$
$
$
$
C.3.4
Front End Drupal Developer, Level 1
$
$
$
$
C.3.4
Front End Drupal Developer, Level 2
$
$
$
$
C.3.4
Front End Drupal Developer, Level 3
$
$
$
$
C.3.5
Front-End Architect, Level 1
$
$
$
$
C.3.5
Front-End Architect, Level 2
$
$
$
$
C.3.5
Front-End Architect, Level 3
$
$
$
$
C.3.6
Drupal Architect, Level 1
$
$
$
$
C.3.6
Drupal Architect, Level 2
$
$
$
$
C.3.6
Drupal Architect, Level 3
$
$
$
$
C.3.7
Scrum Master, Level 1
$
$
$
$
C.3.7
Scrum Master, Level 2
$
$
$
$
C.3.7
Scrum Master, Level 3
$
$
$
$
C.3.8
Full Stack Drupal Developer, Level 1
$
$
$
$
C.3.8
Full Stack Drupal Developer, Level 2
$
$
$
$
C.3.8
Full Stack Drupal Developer, Level 3
$
$
$
$
C.3.9
Web Quality Assurance Analyst, Level 1
$
$
$
$
C.3.9
Web Quality Assurance Analyst, Level 2
$
$
$
$
C.3.9
Web Quality Assurance Analyst, Level 3
$
$
$
$
C.3.10
Web Project Management Analyst, Level 1
$
$
$
$
C.3.10
Web Project Management Analyst, Level 2
$
$
$
$
C.3.10
Web Project Management Analyst, Level 3
$
$
$
$
C.3.11
Web Agile Product Owner/Project Manager, Level 1
$
$
$
$
C.3.11
Web Agile Product Owner/Project Manager, Level 2
$
$
$
$
C.3.11
Web Agile Product Owner/Project Manager, Level 3
$
$
$
$
C.3.12
DevOps Engineer, Level 1
$
$
$
$
C.3.12
DevOps Engineer, Level 2
$
$
$
$
C.3.12
DevOps Engineer, Level 3
$
$
$
$
C.3.13
.NET Developer, Level 1
$
$
$
$
C.3.13
.NET Developer, Level 2
$
$
$
$
C.3.13
.NET Developer, Level 3
$
$
$
$
C.3.14
508 Accessibility and WCAG QA Engineer, Level 1
$
$
$
$
C.3.14
508 Accessibility and WCAG QA Engineer, Level 2
$
$
$
$
C.3.14
508 Accessibility and WCAG QA Engineer, Level 3
$
$
$
$
C.3.15
Selenium QA Automation Test Engineer, Level 1
$
$
$
$
C.3.15
Selenium QA Automation Test Engineer, Level 2
$
$
$
$
C.3.15
Selenium QA Automation Test Engineer, Level 3
$
$
$
$
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The rates proposed by the Contractor should be fully loaded and cover all direct labor expenses,
indirect expenses and profit.
B.2. INCIDENTAL SERVICES, TRAVEL, AND EXPENSES
The House does not anticipate travel during the performance of this contract. If occasional travel
is necessary, travel and other approved expenses incurred incident to performance of work will
be reimbursed only with prior written approval by the Contracting Officer's Representative.
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SECTION C - DESCRIPTION/SPECIFICATIONS/SCOPE OF SERVICES
C.1. SCOPE OF SERVICES
The United States House of Representatives (House), Office of the Chief
Administrative Officer (CAO), is issuing this solicitation to the open market
pursuant to Section III (E) of the Guidelines for Procurement of Goods and
Services for the U.S. House of Representatives (Procurement Guidelines),
Competitive Proposals (Negotiated Contracts). The Procurement Guidelines are
available on the House website, www.house.gov, Doing Business with the House,
under Additional Resources. Procurements by the House are not governed by the
Federal Acquisition Regulation (FAR) or other procurement statutes, regulations,
and policies applicable to the federal executive branch, except where specifically
stated in this solicitation or applicable law.
The House Web Services of the House of Representatives provides web hosting,
design, development and consultation services to House Members, Committees
and Leadership. Web Services has a requirement to supplement its staff with
contract resources to provide support and consultation for House offices.
C.2. RESOURCE DESCRIPTIONS
The following tasks listed for each job function define the scope of the required
services in support of CAO House Web Services for that function. This
solicitation is requesting staff augmentation to support activities in support of the
Web Services team in the following areas:
C.3.1. Web Helpdesk and Customer Support
C.3.2. Drupal Site Builder
C.3.3. Web Design and Drupal Theming
C.3.4. Drupal Developer
C.3.5. Senior Front-End Developer/Architect
C.3.6. Drupal Architect
C.3.7. Scrum Master
C.3.8. Full Stack Drupal Developer
C.3.9. Web Quality Assurance Analyst
C.3.10. Web Project Management Analyst
C.3.11. Web Agile Product Owner/Project Manager
C.3.12. DevOps Engineer
C.3.13. .NET Developer
C.3.14. 508 Accessibility and WCAG QA Engineer
C.3.15. Selenium QA Automation Test Engineer
Also listed with each job function are the experience and qualifications required
of candidates for that position. All candidates submitted for consideration in
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response to task orders are expected to be available for work when the task order
is issued. Unless otherwise specified, junior level resource (Level 1) would have
1-3 years of defined experience; intermediate level (Level 2), 4-6 years; and
senior level (Level 3), 6+ years.
At all resource levels, individuals shall be able to communicate effectively and
interface with other implementation and support sub-teams (e.g., functional,
training, et al.), functional resources shall be able to write functional requirements
and work with technical resources, and technical resources shall be able to
understand functional requirements and select appropriate technical tools and
solutions to meet House requirements.
C.3. LABOR CATEGORIES
Web Helpdesk and Customer Support
The contractor shall provide a full-time Web Help Desk and Customer Support specialist
working onsite to support House Web Services.
C.3.1.1. General Responsibilities:
Typical associated tasks include:
(a) Monitoring and answering phone and email requests to a government web support
helpdesk 9am -5:30pm weekdays.
(b) Providing technical support for hundreds of websites within the House domain, deployed
on a variety of systems, platforms and software proprietary to the House of
Representatives and supporting vendors, most currently in a customized distribution of
Drupal.
(c) Responding to requests covering a broad range of support from assisting customers in the
simple entry of content in web-based content management systems, to troubleshooting
customer access difficulties, to correction of difficult coding issues.
(d) Sometimes answering or appropriately redirecting questions relating to the House of
Representatives, the web or computer systems in general.
(e) Conducting trainings and/or participating in meetings on technical systems - in person,
conference or via remote access.
(f) Real-time self-completion of requests, or redirection of requests to appropriate personnel
as necessary.
(g) Logging of all requests into a customer tracking system (Remedy).
(h) Updating and maintenance of other forms of work reporting and tracking as necessary.
C.3.1.2. Minimum Qualifications:
The contractor shall provide resources that possess the following skills and experience for task
orders related to Web HelpDesk and Customer Support tasks:
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(a) This is a high volume and high visibility position demanding reliable, timely delivery of
high caliber service and work product.
(b) This is a niche position – candidates must have both strong web skills and strong
helpdesk skills to be successful.
(c) Demonstrated ability to code and troubleshoot HTML and CSS. Thorough understanding
and ability to work with HTML forms required.
(d) Experience assisting content editors in using Drupal, or relatable experience with other
CMS’s. Site building experience in Drupal a plus. Knowledge of PHP, GIT Repositories,
javascript libraries are all pluses.
(e) Well-rounded knowledge of web technologies, web development tools, usage of social
media, content management systems and computer systems.
(f) Capable of quickly learning and troubleshooting proprietary, government platforms and
systems. Excellent problem solving and troubleshooting skills.
(g) Ability to discover, understand and effectively communicate technical solutions and
instructions with customers of varying levels of technical understanding.
(h) Poise and professionalism in all customer communications.
(i) Adaptation to multiple tasks and shifting work objectives.
(j) Reliable attendance. Timely completion and reporting/ticketing of work tasks.
Drupal Site Builder
The resource will work onsite, supporting House Web Services in the buildout of full websites
within the House’s Platform (currently Drupal), for Member, Committee, Leadership (MCL) and
other House Offices.
C.3.2.1. General Responsibilities:
Typical associated tasks include, but are not limited to:
(a) Team with Front-End Development/Design personnel to build out new and redesigned
websites in the House Platform (currently Drupal). Work within the platform to ensure all
appropriate features, content types, files, documents, images, displays, etc. render as
expected on the finished website. Team with Backend Development personnel on any
features requiring development work on a given site build, such as customized Views,
Blocks, Boxes, Context, etc.
(b) Engage and manage each site build as a small project from initial requirements gathering,
through iterations, to final site publish. Write simple project proposals for each office’s
engagement. Hold meetings, provide updates, manage customer expectations. Set,
communicate, and meet timelines for customer approvals and deliverables. Ensure timely
provision of Team deliverables.
(c) Perform, verify and troubleshoot automated content migrations. Assist customers with
access permissions. Train and assist staff in manual content migration, editing and
updating.
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(d) Must meet all applicable House and industry standards as well as customer requirements
and pass audits and approvals. Execute pre-engagement review and evaluation of
websites. Perform quality checks and necessary remediations before publishing.
(e) Maintain necessary tracking, reporting and documentation including but not limited to
Client pages, receipts of signed approvals, project issues/tasks/tickets, incidents and
service requests.
C.3.2.2. Minimum Qualifications:
The contractor shall provide resources that possess the following skills and experience for task
orders related to the Drupal Site Builder tasks:
(a) This is a high volume and high visibility position demanding reliable, timely delivery of
high caliber service and work product.
(b) Excellent communication skills required. Must be able to maintain poise and
professionalism with clients of varying roles and technological skill levels.
(c) At least 2 years experience with Drupal as a Site Builder, Front-End Developer, Backend
Developer or equivalent. Experience migrating content in Drupal or other CMS products.
(d) At least 4 years experience with HTML and CSS. Must be expert in forms. Experience
with PHP, js or js libraries a plus.
(e) Experience working in multiple environments, using appropriate version control and
continuous integration tools. Experience with GIT and Jenkins helpful.
(f) Well-rounded knowledge of web technologies and tools; usage of social media, content
management systems and computer systems.
(g) Proven testing, troubleshooting, and problem-solving skills. Experience with 508
Accessibility Standards compliance.
(h) Fundamental Project Management skills. Ability to work in both Agile and Waterfall.
Reliable project reporting. Experience with issue tracking and ticketing systems such as
JIRA.
(i) Ability to self-organize and work collaboratively with team members. Adaptation to
multiple tasks and shifting work objectives.
(j) Possess a degree in Computer Science, Information Systems, or related field or the
equivalent in education and work experience.
Web Design and Drupal Theming
The resource shall support the House's Web Design and Drupal platform with theming and
graphic design projects for House Web Services.
C.3.3.1. General Responsibilities:
Typical associated tasks include:
(a) Provide piece-meal graphic support for 500+ Congressional websites deployed on the
House Drupal platform as well as a variety of legacy systems.
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(b) Collaborate with colleagues as part of Project Teams for customer delivery, and as part of
the Design Team for various deliverables.
(c) Conduct client requirements gathering meetings in person and interact with customers via
email and phone.
(d) Guide customers through the design process and aesthetic decision making.
(e) Successfully interpret client requirements and turn them into implementable graphic
products.
(f) Compose and deliver well thought-out wireframes and impressive design composites to
customers.
(g) Create and deliver superior custom Website Designs, Drupal Themes and Subthemes to
House Developers and Programmers.
(h) Employ industry and House-specific best practices.
(i) Ability to solve HTML, CSS & Drupal UI issues that are submitted by customers through
the Remedy ticketing system.
C.3.3.2. Minimum Qualifications:
The contractor shall provide resources that possess the following skills and experience for task
orders related to the Web Design and Drupal Theming Support tasks:
(a) Strong web design and visual presentation abilities as demonstrated through a Portfolio of
work.
(b) Demonstrated ability to code and troubleshoot HTML and CSS without reliance on
WYSIWYG editors.
(c) Expertise in web graphic design tools such as Adobe Dreamweaver, Adobe Photoshop,
Adobe Illustrator and Adobe XD.
(d) Solid knowledge of web technologies, web development tools, social media integration
and use.
(e) Experience creating Drupal Themes a significant plus.
(f) General knowledge and experience with web content management systems and project
tracking software.
(g) General knowledge and experience with version control systems such as Git Bash.
(h) Flexible and Adaptable to new technologies, changing priorities and processes.
(i) Ability to multitask, work as part of a development team, and work independently on
projects without extensive supervision.
(j) Excellent customer communication skills - written and verbal.
(k) Ability to interact professionally with Congressional Staff.
Front End Drupal Developer
The contractor shall provide a full-time back-end Drupal Developer working onsite to support
House Web Services.
C.3.4.1. General Responsibilities:
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Typical associated tasks include:
(a) Install and Configure Drupal Environments on-premise and cloud environments
(b) Debug and resolve Drupal related issues
(c) Deploy and manage releases for Drupal Applications
(d) Migrate Drupal websites from Drupal 7 to Drupal 8
(e) Assist Designers to build Drupal themes
(f) Work with Web Systems management to continually improve and evolve capabilities that
align with the established, standardized, technologies
(g) Recommend to management development approaches and strategies for applications and
services provided to House customers.
(h) Work closely with management, project managers and members of the Development
Team to develop detailed specification documents
C.3.4.2. Minimum Qualifications:
(a) Experience developing web solutions in Drupal and PHP implementations in a LAMP
environment
(b) Ability to architect enterprise Drupal solutions including data, display, and information
architecture
(c) Advanced site-building experience including deep familiarity with Drupal modules such
as CTools, Views, and Panels
(d) Experience creating custom Drupal modules
(e) Experience building responsive websites using Drupal CMS, HTML/HTML5,
CSS/CSS3, and JavaScript/jQuery
(f) Knowledge of PHP, PHP files and theme functions, and knowledge of the Drupal theme
layer
(g) Through understanding of the Software Development Lifecycle (e.g. Requirements,
Design, Development, Testing) and exposure to Agile or iterative SDLCs.
Senior Front-End Architect
As a front-end architect will collaboratively drive the technical architecture, design and
development of the web-based user interface of CAO products. The UI is a central component of
our product. As part of the UI team, you will collaborate on developing new features while re-
architecting the underlying UI codebase.
C.3.5.1. General Responsibilities:
Typical associated tasks include:
(a) Re-architecting the existing UI codebase in order to leverage modern front-end
technologies for delivering a cutting edge user experience
(b) Architecting and implementing new UI components and visualizations; integrating the
components into CAO products
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(c) Creating and managing the technical UI roadmap for our front-end team
(d) Driving best practices; choosing technology; improving the quality of our code base
(e) Using technology and processes to improve developer productivity
(f) Participating in code reviews, mentoring junior team members.
(g) Troubleshooting and fixing issues
(h) Reducing technical debt
C.3.5.2. Minimum Qualifications:
(a) 5+ years of software engineering experience
(b) 3+ most recent years focused exclusively on front-end development and architecture with
JavaScript (ES5, ES6), Typescript, CSS (Sass, Less) and HTML
(c) Bachelor's degree in Computer Science
(d) Extensive knowledge and practical experience writing modular JavaScript in ES6
(e) Familiarity with common JavaScript design patterns
(f) Extensive hands-on experience with frameworks such as Angular, React, AngularJS
(g) Experience implementing and maintaining modern JavaScript application tooling such as
Webpack
(h) Comfortable using version control systems such as Git
(i) Comfortable working in Linux
(j) Comfortable working in an Agile environment
(k) Experience implementing data visualizations, using tools such as D3.js
(l) Experience defining and enforcing code standards through documentation and static
analysis
(m) Experience with unit, mock and integration testing
(n) Excellent communication skills, both verbal and written
(o) Passion for collaboration and mentorship
(p) Passion for writing high-quality software
(q) Ability to learn new technologies quickly
Drupal Architect
The contractor shall provide a full-time Drupal Architect working onsite to support House Web
Services.
C.3.6.1. General Responsibilities:
Typical associated tasks include:
(a) Lead design and implementation of Drupal Sites
(b) Recommending, designing and implementing the appropriate architecture and application
design for multiple projects
(c) Defining transition steps from the current to the future state application architecture,
including interoperability
(d) Defining Functional, System and Architectural requirements
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(e) Install and Configure Drupal Environments on-premise and cloud environments
(f) Develop new Drupal 7/8 Modules and extend existing Drupal Modules
(g) Debug and resolve Drupal related issues
(h) Deploy and manage releases for Drupal Applications
(i) Migrate Drupal websites from Drupal 7 to Drupal 8
(j) Assist Designers to build Drupal themes
(k) Work with Web Systems management to continually improve and evolve capabilities that
align with the established, standardized, technologies
(l) Recommend to management development approaches and strategies for applications and
services provided to House customers.
(m) Work closely with management, project managers and members of the Development
Team to develop detailed specification documents with clear
C.3.6.2. Minimum Qualifications:
(a) 5 years of experience in analyzing, designing and deploying an Enterprise Architecture
(b) Experience developing web solutions in Drupal and PHP implementations in a LAMP
environment
(c) Ability to architect enterprise Drupal solutions including data, display, and information
architecture
(d) Experience working with DevOps tools such as Docker and Jenkins
Scrum Master
The contractor shall provide a full-time Scrum Master working onsite to support House Web
Services.
C.3.7.1. General Responsibilities:
(a) Facilitate Daily Standup, Sprint Planning Meeting, Sprint Review Meeting and Sprint
Retrospective Meeting
(b) Manage and enhance Jira functionality
(c) Remove impediments faced by the development team
(d) Work with Product Owners to clarify requirements and document them in Stories/Tasks
(e) Ensuring that goals, scope, and product domain are understood by everyone on the team
(f) Facilitates team improvement in quality, predictability, flow, and velocity
(g) Assist with internal and external communication, improving transparency, and radiating
information
(h) Provide coaching/mentoring to team members on Agile practices and processes.
C.3.7.2. Minimum Qualifications:
(a) Minimum of 4 years working in an Agile environment as a Scrum Master
(b) Strong expertise in leading Scrum Teams
(c) Experience in Agile Planning and expertise
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(d) Strong Communications Skills
(e) Certified Scrum Master(CSM) or PSM I
(f) Hands-on experience with Jira
Full Stack Drupal Developer
The contractor shall provide a full-time Drupal Developer working onsite to support House Web
Services.
C.3.8.1. General Responsibilities:
(a) Install and Configure Drupal Environments on-premise and cloud environments
(b) Develop new Drupal 7/8 Modules and extend existing Drupal Modules
(c) Debug and resolve Drupal related issues related to modules, front end and site building.
(d) Deploy and manage releases for Drupal Applications
(e) Migrate Drupal websites from Drupal 7 to Drupal 8
(f) Assist Designers to build Drupal themes
(g) Mentor Junior Drupal Developers
(h) Recommend to management development approaches and strategies for applications and
services provided to House customers.
(i) Work closely with management, project managers and members of the Development
Team to develop detailed specification documents with clear
C.3.8.2. Minimum Qualifications:
(a) 5+ years of experience as a Drupal developer, experience developing web solutions in
Drupal 7 and Drupal 8
(b) Ability to develop custom functionality in Drupal with PHP code: writing custom
modules, controllers and dynamic routing
(c) Experience working with Drupal Multi Site Architecture
(d) Advanced site-building experience, including deep familiarity with Drupal modules
(e) Drupal 8 experience required with a minimum of one large site
(f) Comfortable using version control systems such as Git
(g) Comfortable working with Linux
(h) Familiar with Headless Drupal Concepts
(i) Experience working with Drush and Composer
Web Quality Assurance Analyst
The contractor shall provide a full-time Web Quality Assurance Analyst working onsite to
support House Web Services.
C.3.9.1. General Responsibilities:
Typical associated tasks include:
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(a) Supporting the Product team in testing sites, systems, and applications before client roll-
out
(b) Evaluate and recommend various testing tools appropriate for the various technologies
used in the House to define and generate automated, repeatable testing scripts
(c) Assess quality of new features or new systems against Customer Experience, User
Experience, and Accessibility
(d) Document test results to support the efficient resolution of problems and to capture defect
data.
(e) Define repeatable testing strategies and documentation for concurrent and future testers;
Define automated testing strategies as possible
(f) Execute tests to compare results with requirements, to identify defects, and to ensure
compliance (e.g., systems, functionality, etc.)
(g) Recreate identified defects to assist in the resolution process
(h) Participate in defect management discussions with the Project Owners, Designers, and
Developers to ensure defects are fixed in a timely manner and adequately tracked
(i) Produce and communicate test result reports for Change Management process, and for a
range of potential audiences (Managers, Developers, Product Owners, or Executives)
(j) Conduct rapid smoke tests as part of an Agile development environment
C.3.9.2. Minimum Qualifications:
(a) 2+ years of experience in QA testing of applications, web sites, and web applications
(b) Experience with test plan creation, test case reviews, test execution, defect resolution and
root cause analysis
(c) Excellent communication skills required to document and report on defects and other
software issues
(d) Must have strong diagnostic skills to properly test software and measure the quality of the
product
(e) For web application testing, programming knowledge with various technologies desired
(f) Possess a degree in Computer Science, Information Systems, Mathematics, Statistics or
related field or the equivalent in education and work experience
Web Project Management Analyst
The contractor shall provide a full-time Web Project Management Analyst working onsite to
support House Web Services.
C.3.10.1. General Responsibilities:
Typical associated tasks include:
(a) Provide business analysis, evaluation and consultation on existing programs and projects,
and assist web systems management in the development of new programs and projects to
best support necessary business objectives.
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(b) Provide project management guidance and assist in developing project standards,
processes and technologies necessary for successful execution.
(c) Advise and instruct project teams and project managers to improve and promote efficient
project delivery and adherence to processes and standards.
(d) Manage Vendors, Contracts and clients in support of projects and programs.
(e) Provide direction and insight to high priority or special projects undertaken by the
business area.
(f) Track and monitor data necessary to ensure compliance to negotiated contracts on an
ongoing basis and provide ad hoc reporting as required.
(g) Provide and present ad hoc analyses such as contract terms or process compliance.
(h) Identify and provide initial analysis to develop and implement appropriate actions.
(i) Assist in the creation and maintenance of designated technical project documentation or
project fact sheets.
(j) Work independently and employ self-management skills to organize and handle multiple
priorities and learning curves.
C.3.10.2. Minimum Qualifications:
(a) Knowledge of system design procedures and the ability to translate functional business
requirements into processes to meet business needs and standards.
(b) Ability to holistically conceptualize and model the use of technologies across a broad set
of business applications to translate business strategies and requirements into technical
strategies.
(c) Knowledge of the key directional trends and emerging technologies in the Web Industry.
(d) Knowledge of and ability to apply effective design principles and to communicate
complex and detailed information to management.
(e) Research, analyze and make recommendations on administrative, management and
procedural practices and other complex business problems.
(f) Analyze, evaluate and integrate business processes and procedures.
(g) Ability to apply business needs in support of developing and defining the technological
best practices and establishing standardized technology solutions.
(h) Experience working with Agile development teams
(i) Excellent communication skills, both verbal and written
Web Agile Product Owner/Project Manager
The contractor shall provide a full-time Web Agile Product Owner/Project Manager working
onsite to support House Web Services.
C.3.11.1. General Responsibilities:
Typical associated tasks include:
(a) Manage high visibility web products and services for House customers
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(b) Operate as a Product Owner in an Agile development team in cooperation with
Designers, Developers, QA Testers, and other project roles
(c) Perform as a Project Manager for major initiatives and feature development
(d) Project Management tasks include but are not limited to: conducting business analysis,
orchestrating user focus groups and surveys, organizing user acceptance testing and
quality assurance testing, and gathering customer and stakeholder product requirements
(e) Provide business analysis, evaluation, and consultation of existing products and services,
and assist Product Services management in the development of new customer products
and services in support of organizational strategic objectives
(f) Provide project management guidance and assist in developing project standards,
processes, and documentation necessary for successful execution of web projects
(g) Maintain designated project documentation for assigned products and services
(h) Advise and instruct project teams and project managers on process improvements to
promote efficient project delivery and adherence to processes and standards (e.g. Change
Management, Risk Management, and BCDR frameworks)
(i) Work independently and employ effective time management skills to organize and handle
multiple priorities, projects, and products simultaneously
C.3.11.2. Minimum Qualifications:
(a) Minimum of 4 years experience as a Product Owner or Project Manager
(b) Experience working in an Agile environment as a Product Owner (or Project Manager)
(c) Ability to translate functional business requirements from customers and stakeholders
into detailed tasks for Design and Development teams
(d) Stellar communication skills, both verbal and written
(e) Passion for collaboration and mentorship
(f) Ability to learn new technologies quickly
(g) Broad knowledge of key Web technologies, Content Management Systems, and User
Experience best practices
(h) Knowledge of and ability to apply effective design principles and to communicate
complex and detailed information to management
(i) Skilled in presenting product updates to a wide range of audiences and technical levels,
from customers to senior management
(j) Skilled in creating visual presentations and writing user documentation
(k) Ability to research, analyze and make recommendations for improvements on
administrative, managerial, or procedural practices and other complex business problems
(l) Ability to analyze, evaluate, and integrate business processes and procedures
DevOps Engineer
The contractor shall provide a full-time DevOps Engineer working onsite to support the House
Web Systems branch. This contract resource will report to the House Web Systems manager for
Web Development.
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C.3.12.1. General Responsibilities:
(a) Automating systems configuration and orchestration using tools, such as Chef, Ansible
and Jenkins
(b) Designing CI/CD pipelines to include application and security testing with Jenkins
Maintain code integrity and organization using GIT/GitLab
(c) Enable automation of triggers and alerts when deploying applications through
environments
(d) Configure automated testing and deployment processes
(e) Design and document the DevOps process
(f) Automate Developer’s everyday operations with scripts or templates
(g) Recommend to management development approaches and strategies for applications and
services provided to House customers.
(h) Work closely with management, project managers and members of the Development
Team to develop detailed specification documents with clear
C.3.12.2. Minimum Qualifications:
(a) Bachelor's Degree in Computer Science or Information Systems or Information
Technology
(b) 3-5 years of experience managing diverse DevOps workloads, across infrastructure,
administration, deployment, development support and monitoring.
(c) 3 years of experience with automation and configuration management using Ansible
(d) 1-3 years of Linux administration experience.
(e) 3+ years of experience working with containerization, orchestration, and service
discovery experience on both Windows and Linux hosts, using docker, ECS or EKS.
(f) 1-3 years of experience with Gitlab or similar version control systems, including
branching, tagging, merging, and release management.
(g) At least three (3) years of experience building CI/CD pipelines with Jenkins
(h) Experience with Docker, deploying containers, automated build deployments using
Jenkins.
.NET Developer
The contractor shall provide a full-time .NET Developer working onsite to support the House
Web Systems branch. This contract resource will report to the House Web Systems manager for
Web Development.
C.3.13.1. General Responsibilities
(a) Develops software applications by following software development lifecycle process,
which includes requirements gathering, design, development, testing, release, and
maintenance
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(b) Develop applications which Utilize skills in areas including object oriented programming
(C#), databases (SQL), Model, View, Controller (MVC), and web applications
(ASP.NET);
(c) Participate in software validation process through development, review, and/or execution
of test plan/cases/scripts;
(d) Provide end-user support including setup, installation, and maintenance for applications
released;
(e) Architect, Develop and maintain single page applications using Angular JS, React or
Vue.js.
(f) Troubleshoot and fix system defects.
(g) Participate in quality assurance aspects of projects
(h) Serve as technical expert on development projects.
(i) Work with Web Systems management to continually improve and evolve capabilities that
align with the established, standardized, technologies
(j) Recommend to management development approaches and strategies for applications and
services provided to House customers.
(k) Work closely with management, project managers and members of the Development
Team to develop detailed specification documents with clear
C.3.13.2. Minimum Qualifications:
(a) Bachelor's Degree in Computer Science or Information Systems
(b) 3-5 years of experience developing, deploying and managing applications on a multi-tier
architecture with high-availability and/or replication environment
(c) 1-3 years of experience working with Angular JS or React or Vue.js
(d) 3-5 years of experience in the design, development and deployment of web based
applications in .NET Framework (4.5 or higher) with ASP.NET, .NET Core, C#, MVC 5
architecture, Entity Framework utilizing SQL Server.
(e) Minimum of 5 years of experience in JavaScript, jQuery, AJAX, HTML5 and CSS,
Bootstrap, JSON, Web services, Oracle Managed Data Access Entity Frame work, WEB
API, and integration with backend services.
(f) Minimum of 3 years of experience developing and maintaining software technical
documents
(g) Minimum 1 years of experience managing software version control via GIT and Jenkins
(h) Minimum of 5 years of experience with Microsoft Visual Studio
(i) 3-5 years of experience with LINQ, Lambdas expression, Service Oriented Architecture
(SOA).
(j) Minimum of 3 years of experience with Microsoft Visual Studio Team Suite Testing
Tools.
(k) Minimum of 3 years of experience in Agile software development.
508 Accessibility and WCAG QA Engineer
The contractor shall provide full-time Web accessibility testing for 508 Compliance working
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onsite to support House Web Services.
C.3.14.1. General Responsibilities
(a) Provide policy and process support to the entire project team to develop, maintain, and
improve accessibility compliance;
(b) Conduct web accessibility testing to include: Semi-automated scans, manual reviews,
keyboard only, and screen reader testing;
(c) Assess, analyze, and identify areas of concern for accessibility non-compliance of
products as well as manage and resolve specific accessibility defects to resolution;
(d) Support the Agile SCRUM team in analysis of business requirements and non-functional
requirements to identify user story acceptance test criteria for accessibility compliance;
(e) Develop compliance checklists, plans, and remediation actions as well as provide advice
on mitigating or resolving issues. Participate in meetings as required;
(f) Conduct test in mobile environments using mobile accessibility tools;
(g) Test web products to assess accessibility using a range of screen reader assistive
software, e.g. JAWS, NVDA, VoiceOver on iPhone, Talkback on Android;
(h) Conduct color sampling, and screen reader testing (using JAWS or similar tool);
(i) Identify, record, and help manage accessibility defects to resolution;
(j) Develop and deliver training programs through briefings and reference guides to train
internal House staff in accessibility compliance best practices;
(k) Provide status reports and automated compliance reports;
(l) Other project management and contract-related functions as needed.
C.3.14.2. Minimum Qualifications:
(a) Bachelor’s degree in an Information Technology, Computer Science, MIS, or related
discipline, or equivalent related experience;
(b) 5+ years in Information Technology and software Quality Assurance focused on Section
508 Compliance and Accessibility.
(c) Strong understanding of accessibility (Section 508 and WCAG 2.0) standards and
requirements integration into the product development life cycle;
(d) Strong experience in understanding and using assistive technology tools like screen
reader software, screen magnification software, or voice recognition software to verify
applications are conformant;
(e) Experience using common accessibility testing tools as well as screen readers such as
JAWS, NVDA, Talkback or Voiceover;
(f) Experience with web and native mobile accessibility;
(g) Knowledge of HTML5, CSS, JavaScript, iOS, and Android development and
accessibility features;
(h) Demonstrable experience developing a compliance capability from no accessibility to
strong, sustained accessibility built into the process, culture, and products;
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(i) Attention to detail with strong knowledge of planning and organizing test plans and test
cases;
(j) Working knowledge of testing methodologies, automation tools and best practice;
(k) Adept at multi-tasking in a fast-paced, high-profile environment;
(l) Ability to evolve skill sets and quickly adapt to new technologies and priorities;
(m) Equally comfortable working on a project team as well as independently;
(n) Excellent organization, planning, prioritizing skills and attention to detail.
Selenium QA Automation Test Engineer
The contractor shall provide full-time automated testing of product(s) or solution(s) working
onsite to support House Web Services.
C.3.15.1. General Responsibilities
(a) Design and develop System Test Automation Scripts using Selenium, or and equivalent
tools
(b) Research, recommend and implement tools as needed with the goal of increasing
automation
(c) Document all the test cases and plans for integration tests and maintain log of all test
cases/results
(d) Perform tasks required for automated test implementation including review acceptance
criteria, create integration/regression test scenarios, test cases
(e) Implement test data management strategy and generate required reports.
(f) Use appropriate measures to validate and report on software quality
(g) Work closely with the Software engineering and Product Management team as required
(h) Utilizing system analysis techniques, translate system requirements into test
cases/scenarios ensuring that all the assigned subset requirements are part of the system
to be delivered
(i) Working independently to ensure full test coverage of the assigned test subset
(j) Actively participates as a member of the Agile Scrum team for assigned
products/projects;
(k) Performs other duties and projects as assigned.
C.3.15.2. Minimum Qualifications:
(a) Bachelor’s degree in an Information Technology, Computer Science, MIS, or related
discipline, or equivalent related experience;
(b) 4+ years of QA automation experience
(c) Experience with automation functional and regression testing procedures, and ability to
review new requirements and UI flows while preparing new test case scenarios;
(d) Programming skills in at least one of the following languages – C#, Python, Java
(e) Experience with setting up Automation test framework(s) in Selenium
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(f) Experience writing automated tests for web applications using Selenium or a comparable
tool;
(g) Knowledge of the Software Development Life Cycle (SDLC);
(h) Knowledge of the principles, practices and procedures of quality assurance testing
automation;
(i) Excellent written and verbal communication and presentation skills
(j) Experience working in an Agile Scrum QA environment
C.4. ORDERING PROCEDURES
Upon identification of a requirement a request for task order proposal (RFTOP)
shall be issued to vendors with an active award in the Web Services Staff
Augmentation (WSSA) award pool.
Generally task orders shall be issued on a Labor Hour basis at the rates identified
in the respective vendors award, however the House reserves the right to issue an
RFTOP with a Firm-Fixed Price order type. In the event of a Firm-Fixed Price
order the vendor shall utilize the rates in their award to determine their firm-fixed
price.
The House reserves the right to waive the requirement for an interview for an
individual RFTOP and make a selection based on the proposed candidate’s
resume alone.
Projects that may be completed remotely and have a total value under $3,500 may
be awarded without competition on a rotating basis to a vendor with an active
FSSA award with a firm-fixed price award type. In the event additional effort is
required the effort shall be competed amongst the FSSA vendors on a firm-fixed
price basis.
The inclusion of an option in a task order does not obligate the House to exercise
the option.
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SECTION D - PACKAGING AND MARKING
D.1. PAYMENT OF POSTAGE AND FEES
APRIL 2013
All postage and fees related to submitting information, including forms, reports, etc., to the
House shall be paid by the Contractor.
D.2. PACKAGING AND MARKING
DECEMBER 2014
a. Packaging. Preservation, packaging and packing for all items delivered hereunder shall
be in accordance with commercial practice, unless otherwise stated in this Contract, to
ensure acceptance by common carrier and safe arrival at destination. All boxes must: (i)
include packing slips clearly referencing this Contract; (ii) be numbered sequentially; (iii)
indicate the total number of boxes in the shipment (i.e., 1 of 6, 2 of 6, etc.); and (iv)
include a description of item, part or item number, customer name and customer location.
b. Marking. Contractor packages sent by private shipping companies (e.g., FEDEX, UPS,
etc.) must have the following information recorded on or near the shipping label: “U.S.
House of Representatives, Purchase Order/Contract Number: (insert number),” along
with the recipient’s name, office, building, room number and telephone number, if
known. For items sent by local shipping companies, all deliveries, unless otherwise
stated in this Contract, shall be considered “Inside Deliveries” and the Contractor will
ensure that necessary hand-trucks, tools and personnel are available upon delivery to
transport goods to the final destination within the building.
c. Delivery Schedule and Instructions. No deliveries will be accepted unless the delivery
vehicles have been processed at the U.S. Capitol Police Off-Site Delivery Center. The
hours of the U.S. Capitol Police Off-Site Delivery Center are 5:00 a.m. to 7:00 p.m.,
Mondays through Fridays (Eastern Time), excluding Federal holidays. In order to gain
access to the loading docks of the Capitol and the House Office Buildings, the Contractor
is required to have a letter on file with the U.S. Capitol Police. The letter must be on
company letterhead accompanied by the signature of the company’s owner, officer or
manager. Delivery trucks servicing the Ford House Office Building must not exceed ten
(10) feet in height for inside delivery. Requests for access to the U.S. Capitol Complex,
including the House Office Buildings, must be renewed three (3) times per year on April
30, August 31 and December 31, and should contain the following information: (i) name
of company; (ii) name of drivers/employees requiring access; (iii) social security number
for each driver/employee; (iv) date of birth for each driver/employee; (v) building(s) to
be accessed; and (vi) company contact person and phone number. The information must
be provided to: U.S. Capitol Police, Off-Site Inspection Center, 4700 Shepherd Parkway
S.W., Washington, D.C. 20032; fax: 202-563-5140. Any questions can be directed to the
Operations Division of the U.S. Capitol Police, 202-224-0202.
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SECTION E - INSPECTION AND ACCEPTANCE
E.1. INSPECTION
DECEMBER 2014
a. Goods, Equipment and Services. Inspection of goods, equipment and services to be
furnished hereunder shall be performed at the place of performance or delivery
destination, in accordance with the provisions specified in this Contract and any
applicable orders. The Contractor shall furnish to inspectors all information and data as
may be reasonably required to perform such an inspection.
b. Quality Assurance Reviews.
i. Tests. The COR reserves the right to conduct any quality assurance reviews and
tests it deems necessary to assure that the services provided conform in all
respects to the contract specifications. The Contracting Officer shall have the
right to send his representative into areas used by the Contractor’s employees, at
any time, for quality assurance reviews or other purposes approved by the
Contracting Officer.
ii. Non-compliance. Services which upon quality assurance reviews are found not to
be in conformance with contractual specifications shall be promptly rejected and
notice of such rejection, together with appropriate instructions, including
resolution time, will be provided to the Contractor by the Contracting Officer.
Deficiencies thus reported shall be corrected by the Contractor in a timely period
as specified by such quality assurance reviews or, with written request for an
extension, mutually agreed to by the parties. The Contractor shall respond to all
quality assurance reports within the timeframe specified in each quality assurance
review, annotating what actions have been taken. Written notification of negative
quality assurance review results will be furnished within thirty (30) calendar days
after completion of quality assurance reviews.
c. Facilities. All facilities utilized by the Contractor in performance of work under this
Contract shall be subject to inspection by officials of the House and other representatives
of the House, as directed by the House.
E.2. ACCEPTANCE
DECEMBER 2014
The House has the right either to reject or require correction of non-conforming goods,
equipment and services. Goods, equipment and services are non-conforming when they are
defective in material or workmanship or are otherwise not in conformance with requirements of
the Contract, including any applicable instructions, specifications, drawings, data, the
Contractor’s warranties (express or implied) or any applicable samples provided to the House.
Goods and equipment not accepted will be held for the Contractor’s instruction at the
Contractor’s risk and, if the Contractor so instructs, will be returned to the Contractor at the
Contractor’s expense. Goods are considered accepted as to form, fit and function upon signature
of receiver. Equipment (i.e., goods/items with an individual serial number and with each
good/item initially valued at five hundred dollars ($500.00) or higher) is considered accepted
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upon signature of a completed Equipment Installation Notice (“EIN”) form. The EIN form can
only be signed by a Member, Committee Chair or Officer and is available on
http://www.house.gov/content/vendors under the Additional Resources tab. Services are
considered accepted upon a signed invoice. Payment for any goods, equipment or services
hereunder shall not be deemed an acceptance thereof and will not waive any and all claims that
the House may have against the Contractor.
E.3. TITLE / TRANSFER / RISK OF LOSS
APRIL 2013
The Contractor warrants free and clear title to all goods, equipment and services procured under
this Contract. Unless otherwise specified in this Contract, title and risk of loss shall transfer to
the House upon acceptance.
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SECTION F - DELIVERIES OR PERFORMANCE
F.1. PERIOD OF PERFORMANCE
APRIL 2013
Contract period of performance shall extend from January 31, 2020 through January 30, 2022.
*Subject to change based upon evaluation timeline.
F.2. OPTION TO EXTEND THE TERM OF THE CONTRACT
APRIL 2013
a. Extension. The House may extend the term of this Contract up to two times for a period
of 24 months each. Preliminary written notice to the Contractor of the House’s intention
to exercise these options will be at least thirty (30) calendar days before the Contract
expires. The preliminary notice does not commit the House to an extension.
b. Total Term. The total duration of this Contract, including the exercise of any options
under this clause shall not exceed 6 years.
F.3. PLACE OF PERFORMANCE
APRIL 2013
Generally, Capitol Hill House Office Buildings in Washington, D.C. or Washington Metropolitan area.
Work may be completed remotely with the option for on-site work if both the House and the
Contractor deem it necessary upon approval of the COR. Contractor shall propose a rate
reduction for off-site work at the task order level when remote work is authorized.
F.4. NOTICE TO THE HOUSE OF DELAYS
DECEMBER 2014
In the event the Contractor encounters difficulty in meeting performance requirements, or when
the Contractor anticipates difficulty in complying with this Contract, or whenever the Contractor
has knowledge that any actual or potential situation is delaying or threatens to delay the timely
performance of this Contract, the Contractor shall immediately notify the COR by telephone and
follow-up in writing to the COR within two (2) business days after the verbal notice, giving
pertinent details. This notification does not relieve the Contractor of its obligations to meet the
delivery and/or performance requirements of this Contract nor should this notification be
construed as a waiver by the House of any delivery schedule or date, performance requirements,
or any rights or remedies provided under this Contract. Failure to meet delivery/completion
dates shall relieve the House of any obligation to accept and pay for any such goods, equipment
and/or services at the option of the House and without liability.
F.5. SUSPENSION AND DEBARMENT
APRIL 2013
a. Policy. The House will solicit offers from, award contracts to and consent to
subcontracts with responsible contractors only. The prime contractor is responsible
for vetting its subcontractors. Although recognized as a serious administrative action,
the House may suspend or debar contractors if necessary to protect the U.S.
Government’s interest.
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b. Causes for Suspension and Debarment. The House may suspend or debar a
contractor suspected, upon adequate evidence, of:
1. commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a Federal, state or local government
contract or subcontract;
2. violation of Federal or State antitrust statutes relating to the submission of
offers;
3. commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, violating Federal
criminal tax laws or receiving stolen property;
4. delinquent Federal taxes in an amount that exceeds three thousand dollars
($3,000);
5. knowing failure by a principal, until three (3) years after final payment on any
Government contract awarded to the Contractor, to timely disclose to the
Contracting Officer, in connection with the award, performance or closeout of
the contract or subcontract thereunder, credible evidence of a: (A) violation of
Federal criminal law involving fraud, conflict of interest, bribery or gratuity
violations found in Title 18 of the United States Code; (B) violation of the
civil False Claims Act (31 U.S.C. 3729-3733); or (C) significant
overpayment(s) on the Contract; or
6. commission of any other offense indicating a lack of business integrity or
business honesty that seriously and directly affects the present responsibility
of the Government contractor or subcontractor.
Indictment for any of the causes listed above constitutes adequate evidence for suspension and/or
debarment. The House may, upon adequate evidence, also suspend a contractor for any other
cause so serious or compelling a nature that it affects the present responsibility of the
Government contractor or subcontractor.
c. Suspension. If suspended, the Contractor is temporarily disqualified from contracting
with the House as a prime and/or House-approved subcontractor, in full or in part,
pending the completion of an investigation and any ensuing legal proceeding(s).
1. Procedures. The Contracting Officer initiates suspension and debarment
proceedings. If the Contractor and any specifically named affiliates are
suspended, the Contracting Officer shall advise the individual or company
immediately by certified mail, return receipt requested:
i. that the individual or company has been suspended and that the
suspension is based on an indictment or other adequate evidence that
the Contractor has committed irregularities: (A) of a serious nature in
business dealings with the House; or (B) seriously reflecting on the
propriety of further House dealings with the Contractor. Any such
irregularities shall be described in terms sufficient to place the
Contractor on notice without disclosing the House’s evidence;
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2. that the suspension is for a temporary period pending the completion of an
investigation and such legal proceedings as may ensue;
3. of the cause(s) relied upon for imposing suspension;
4. of the effect of the suspension; and
5. that, within thirty (30) calendar days after receipt of the notice of suspension,
the Contractor or its representative may submit to the Chief Administrative
Officer, in writing or in person, information and argument in opposition to the
suspension, including any additional specific information that raises a genuine
dispute over the material facts.
d. GSA Notification. The House reserves the right to notify GSA if the Contractor is
suspended, debarred or proposed for suspension or debarment by the House.
e. GSA Suspension and Debarment. After being listed on the System for Award
Management (“SAM”), the House shall not solicit offers from, award contracts to or
consent to subcontracts with the listed contractor, unless the House’s Chief
Administrative Officer determines that there is a compelling reason for such action.
Furthermore, contractors listed on SAM are excluded from conducting business with
the House as agents or representatives of other contractors.
f. Debarment. If debarred, the Contractor is excluded from contracting with the House
as a prime and/or House-approved subcontractor, in full or in part, for a defined
period of time, generally not to exceed three (3) years.
1. Procedures. If the Contractor and any specifically named affiliates are
proposed for debarment, the House shall advise the individual or company
immediately by certified mail, return receipt requested:
i. that debarment is being considered;
ii. of the reasons for the proposed debarment in terms sufficient to put the
Contractor on notice of the conduct or transaction(s) upon which it is
based;
iii. of the cause(s) relied upon for proposing debarment;
iv. that, within thirty (30) calendar days after receipt of the notice, the
Contractor or its representative may submit to the Chief
Administrative Officer, in writing or in person, information and
argument in opposition to the proposed debarment, including any
additional specific information that raises a genuine dispute over the
material facts;
v. of the effect of the issuance of the notice of proposed debarment;
vi. of the potential effect of an actual debarment; and
vii. of the House’s procedures governing debarment decision-making.
The decision of the Chief Administrative Officer on the merits of a debarment shall be final. A
decision may be appealed by the Contractor to the Committee on House Administration, in
writing, within ten (10) calendar days of receipt of notification of the decision. However, the
only basis for appeal is that the Chief Administrative Officer failed to follow the procedures
established herein. No other basis for appeal will be considered by the Committee on House
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Administration.
viii. Notice. In the event that the Chief Administrative Officer makes a
determination to impose debarment, the House shall give the
Contractor and any subcontractors affiliated with the project prompt
notice by certified mail, return receipt requested:
1. referring to the notice of proposed debarment;
2. specifying the reasons for debarment; and
3. stating the period of debarment, including effective dates.
F.6. PAYMENT FOR NON-PERFORMANCE
APRIL 2013
a. General. If the Contractor fails to comply with this Contract or any extension, the House
may terminate this Contract under the termination clause of the Contract. The Contractor
shall be liable for fixed, agreed damages as provided for in this clause, accruing until the
time the House may reasonably obtain delivery or performance of similar services.
b. Payment for Non-Performance. In the event that the Contractor fails to perform as
stipulated in this Contract, and such failure is not for a reason beyond the control of the
Contractor, the House may charge the Contractor twice the daily billed amount to the
House for the applicable service(s) provided, or in the case of goods, the value of the
goods/equipment, multiplied by the number of calendar days of late delivery. The House
may also obtain payment equal to the costs incurred by the House to rectify, mitigate and
repair the damages caused by the Contractor’s failure to comply and/or perform. The
House may obtain performance from another source and charge and collect all
administrative costs incurred with entering in to a new contract plus the increase in costs
to the House of the new plan, if higher than the billing rate of the non-performing and/or
non-compliant Contractor.
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SECTION G - CONTRACT ADMINISTRATION
G.1. AUTHORIZED HOUSE REPRESENTATIVES
APRIL 2013
a. Contracting Officer.
i. Authority. The Contracting Officer is the only person authorized to approve changes
under this Contract and, notwithstanding provisions contained elsewhere in the
Contract, said authority resides solely with the Contracting Officer.
ii. Unauthorized Changes. Except as specified in paragraph (iv) herein, no order,
statement or conduct of personnel of the House who visit the Contractor’s facilities,
or in any other manner communicate with personnel of the Contractor during the
performance of this Contract, shall constitute a change (in scope, terms, conditions,
requirements, pricing and/or delivery schedules) under this Contract. In the event the
Contractor effects any change at the direction of any person other than the
Contracting Officer, that change shall be considered to have been made without
authority and no adjustment in price shall be made in the Contract to cover any
increase in charges incurred as a result thereof.
iii. Written Authority. The Contractor shall not comply with any order, direction or
request of personnel of the House which would constitute a change under this
Contract, unless issued in writing and signed by the Contracting Officer, or made
pursuant to specific authority otherwise included in this Contract.
iv. Delegation of Authority. The Contracting Officer may delegate certain
responsibilities to authorized representatives.
b. Contracting Officer’s Representative.
i. Responsibilities. The COR, appointed in writing by the Contracting Officer,
is designated to assist in the discharge of the Contracting Officer’s
responsibilities. The responsibilities of the COR include, but are not limited
to: (1) determining the adequacy of performance and/or the timeliness of
delivery by the Contractor in accordance with the terms and conditions of
this Contract; (2) ensuring compliance with the contract requirements
insofar as the work is concerned; (3) advising the Contracting Officer and
Contracts Specialist of any factors which may cause delays in delivery
and/or performance of the work; and (4) conducting or witnessing the
conduct of any inspections and/or tests that may be required by the Contract.
The COR does not have the authority to make any changes to the terms,
conditions, requirements, pricing and/or delivery schedules of the Contract
or direct the Contractor to perform services outside of the scope of the
Contract.
ii. Additional Responsibilities. Additional responsibilities of the COR are as
follows: (1) monitor and evaluate contract performance, including
preparing Vendor Performance Evaluations; (2) review, approve and process
contractor invoices; (3) submit periodic report(s) to the Contracts Specialist;
and (4) provide the Contracts Specialist with notification of intent to
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exercise options or renewals ninety (90) calendar days prior to expiration
date.
c. Contracts Specialist. The Contracts Specialist prepares all modifications to this Contract,
maintains the official contract file with all reports and other contractual documentation,
and responds to contractual inquiries or concerns from the COR or the Contractor on
behalf of the Contracting Officer.
G.2. AUTHORIZED CONTRACTOR REPRESENTATIVE (ACR)
APRIL 2013
The ACR serves as the Contractor’s liaison between the Contractor and the COR. The ACR
shall provide periodic status reports to the COR pursuant to the clause titled, “Reports / Plans /
Schedules” of this Contract. All status reports, schedules and invoices must be approved by the
COR in accordance with the terms and conditions of the Contract. The Contractor shall provide
the name of the ACR to the House upon submission of a proposal and notify the House of any
subsequent changes.
G.3. DELEGATION OF AUTHORITY
APRIL 2013
The parties to this Contract, in their discretion, may delegate to representatives within their
respective organizations any of their administrative functions in connection with this Contract,
but may not absolve themselves of accountability for performance of said functions. All
delegations of authority by the Contractor to fulfill the obligations of this Contract will be made
in writing to the Contracting Officer.
G.4. POST AWARD CONFERENCE
APRIL 2013
A post award conference will be held with the Contractor to review contract administration
issues; unless the House and the Contractor determine that such a conference is not necessary.
G.5. INVOICES
DECEMBER 2014
a. Invoice Information. A proper invoice shall minimally include:
Contractor Name, Address and Phone Number
Name of Contractor Point of Contact
House Contract Number
Work/Delivery Order Number (as appropriate)
Invoice Number
Invoice Date
Invoice Page Number (each page of an invoice shall minimally also contain the Contractor name,
invoice number and invoice date)
Payment Terms, if appropriate (example: 2% 10 - net 30)
b. Deliverables. For each deliverable included on the invoice, the invoice shall include, as
applicable:
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Contract Line Item Number
Period of Performance
Brief Description of Item
Quantity Delivered
Unit Price
Extended Price
Total Price of all deliverables contained on Invoice
c. Submissions. Invoices for goods, equipment and services shall be submitted by e-mail or
facsimile to the point of contact specified in the Contract.
d. Discounts. For services and goods (other than equipment), any cash discount period will
be computed from the date the invoice is received. For equipment, any cash discount
period will be computed from the date/time stamped on the EIN form.
e. Follow-up Invoices. All follow-up invoices shall be marked “Duplicate of Original” on
all pages. Any questions from the Contractor regarding payment information or check
identification should be directed to the COR for follow-up with appropriate financial
personnel.
f. Taxes. The House is exempt from all direct taxes, including any sales and use taxes.
g. Freight. In general, all freight, shipping and handling charges are the responsibility of the
Contractor. Unless expressly included and itemized in the Contract, no charge for
delivery, drayage, express, parcel post, packing, cartage, insurance, license fee, permits,
cost of bonds or for any other purpose will be paid by the House.
h. Equipment Installation Notice. No payment for equipment (i.e., goods/items with a serial
number) will be made unless an EIN form, complete with serial numbers, or other
commonly used Product Identification Numbers of delivered equipment, maintenance
information and signature of the Member, Chairperson or Officer in the office receiving
the equipment, is provided to the CAO Central Receiving. The installation date, warranty
period and maintenance start date, if applicable, will commence on the CAO time stamp
date which appears on the EIN form, regardless of the actual installation date.
G.6. REMITTANCE ADDRESS
APRIL 2013
a. Electronic Funds Transfer. The Debt Collection Improvement Act of 1996 requires that
federal agencies pay recipients by EFT. To enable the House to send payments
electronically to the Contractor’s financial institution, the Contractor must first complete
an EFT enrollment form to provide a signature and certain information regarding the
financial institution. Please visit the House’s website at www.house.gov for appropriate
forms or call the EFT Help Line at 202-226-2277.
G.7. REPORTS / PLANS / SCHEDULES
APRIL 2013
All reports, plans, schedules and other submittals required to be submitted by the Contractor to
the House under this Contract are subject to approval by the Contracting Officer, or, if
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authorized by the Contracting Officer, the approval of the COR.
a. Approval. Until the Contractor’s required submissions are approved by the Contracting
Officer (or the COR, if authorized), the Contractor’s performance will continue to be
governed by the Contractor’s previously approved submissions, or as directed by the
Contracting Officer (or the COR, if authorized).
b. Minimum Information. At a minimum, the performance summary report shall include the
following information:
i. reporting period;
ii. the Contractor’s name and contact information;
iii. description of the work accomplished during the reporting period
(i.e., new installations, relocations, etc.), including, at a
minimum, a list of (1) itemized tasks completed and a description
of the support/services utilized; (2) hours/dollars expended by
tasks; and (3) task status;
iv. a summary of the anticipated activity for the next reporting
period; and
v. a summary of outstanding issues and the proposed solution for
said issues.
c. Additional Information. The Contractor shall provide the COR performance summary
reports acceptable in content and format. The House may request that the Contractor
provide additional information in connection with any performance summary report
submitted. If additional information is requested, the Contractor shall provide the COR
the requested information within ten (10) calendar days of the request or sooner as
requested by the COR. Failure to submit an acceptable performance summary report may
subject the Contractor to penalties for non-performance and/or jeopardize renewal of this
Contract.
d. Timeframes. The Contractor’s on-time submission of the required deliverables is critical
to the overall successful performance of the Contract. The reports shall be submitted as
requested by the COR
G.8. CONTRACT STATUS AND REVIEW MEETINGS
APRIL 2013
As determined necessary by the COR, contract review/status meeting shall be scheduled. The
purpose of the meetings is to review the performance summary reports, performance evaluations,
current/outstanding issues and provide the Contractor with any House-related informational
materials. The House will use these meetings as a tool to monitor the Contractor’s performance
and to address and resolve potential problems, which will increase the likelihood of successful
Contract performance.
G.9. RESOLVING CONTRACT PERFORMANCE ISSUES
APRIL 2013
a. Notification. The Contractor shall immediately bring all performance issues to the attention
of the COR. Likewise, the COR shall immediately bring all real or apparent performance issues
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to the attention of the Contractor. These issues will be documented and quickly resolved to the
mutual satisfaction of both parties, provided such resolution is within the authority of the COR
and in accordance with the terms and conditions of this Contract.
b. Resolution. If an issue cannot be resolved between the Contractor and the COR, or
resolution would require a modification to the Contract, the COR will immediately notify the
Contracting Officer. The Contracting Officer, with input from the COR, Contracts Specialist and
subject matter experts, if necessary, will attempt to resolve performance issues to the mutual
satisfaction of both the House and the Contractor.
c. Remedies. If performance issues cannot be resolved to the mutual satisfaction of both the
House and the Contractor, the Contracting Officer may pursue any of the remedies provided for
under this Contract, up to and including termination of all or part of this Contract.
G.10. DISPUTES
DECEMBER 2014
The parties shall deal in good faith and attempt to resolve potential disputes informally. If a
dispute persists, the parties shall follow the administrative procedures set forth in the “Disputes”
section in the Procurement Instructions for the U.S. House of Representatives, which shall be
provided upon request and are described below:
a. Submission of Claim. The Contractor may submit a written claim to the Contracting
Officer seeking a final decision. The period for submission of written claims expires six
(6) months from the date of completion of the Contract. The Contractor shall proceed
diligently with the performance of the Contract and in accordance with the Contracting
Officer’s direction during the entirety of the dispute or appeal process. A claim by the
Contractor shall be decided by the Contracting Officer, who shall reduce the decision to
writing and mail or otherwise furnish a copy of the final decision to the Contractor. The
Contracting Officer’s decision on the dispute shall be final unless the Contractor appeals
to the Chief Administrative Officer as set forth below.
b. Appeal to Chief Administrative Officer. Within thirty (30) calendar days from the receipt
of a Contracting Officer’s final decision, the Contractor may appeal the decision in
writing by mail to the Chief Administrative Officer. The Chief Administrative Officer
shall review the parties’ positions and issue a final decision on the appeal. The Chief
Administrative Officer’s decision on the appeal shall be final unless the Contractor
appeals to the Committee on House Administration as set forth below. In connection
with any appeal under this clause, the Contractor shall be afforded an opportunity to be
heard and to offer evidence in support of its appeal.
c. Appeal to Committee on House Administration. Within thirty (30) calendar days of
receiving the Chief Administrative Officer’s final decision, the Contractor may appeal to
the Committee on House Administration to the extent the appeal is based on the
Contracting Officer’s alleged failure to follow procedural guidelines. No other basis of
appeal may be submitted to the Committee on House Administration. If no such appeal
is taken, the decision of the Chief Administrative Officer shall be final.
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G.11. MODIFICATIONS
DECEMBER 2014
a. No amendment, change or modification to this Contract shall be effective or
enforceable unless it is in writing and signed by both parties (except that
administrative changes may be effected in writing and signed by the Contracting
Officer (as described in the “Change Orders” clause in this Contract)).
b. The Contracting Officer may at any time, by written order make changes within the
general scope of this Contract in any one (1) or more of the following: (a) drawings,
designs or specifications when supplies/equipment to be furnished are to be
specifically manufactured for the House in accordance with the drawings, designs or
specifications; (b) method of shipment or packing; or (c) place of
delivery/performance. If any such change causes an increase or decrease in the cost
or, or the time required for, performance of any part of the work under this Contract,
the Contracting Officer shall make an equitable adjustment in the contract price, the
delivery/performance schedule, or both, and shall modify this Contract. The
Contractor must assert its right to an adjustment under this clause within thirty (30)
calendar days from the date of receipt of the written order. Failure to agree to any
adjustment shall be a dispute under the “Disputes” clause in this Contract. However,
nothing in this clause shall excuse the Contractor from proceeding with the Contract
as changed.
G.12. TERMINATION
DECEMBER 2014
a. Termination for Convenience of the House. The House may terminate, in whole or in part,
the performance of work under this Contract for its convenience at any time by providing
written notice to the Contractor (“Notice of Termination”). After receipt of a Notice of
Termination, and except as directed by the House, the Contractor shall immediately proceed
with the following obligations, as applicable, regardless of any delay in determining or
adjusting any amounts due under this clause:
i. stop work as specified in the Notice of Termination;
ii. place no further subcontracts or orders for goods, equipment or services, except as
necessary to complete any continuing portion of this Contract;
iii. terminate all subcontracts and orders to the extent they relate to the work terminated;
iv. settle all outstanding liabilities and termination settlement proposals arising from the
termination of subcontracts and orders; and
v. diligently continue to perform any work not terminated.
b. Payments. Unless otherwise set forth in this Contract, if the Contractor and the House fail to
agree on the amount to be paid because of the termination for convenience, the House will
pay the Contractor the percentage of the Contract price reflecting the percentage of the work
performed prior to the Notice of Termination, plus reasonable termination-related charges the
Contractor can demonstrate to the satisfaction of the Contracting Officer using the
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Contractor’s standard record keeping system. The Contractor will use generally accepted
accounting principles that are in accordance with auditing standards promulgated by the
International Accounting Standards Board, or accounting principles otherwise agreed to in
writing by the parties, and sound business practices in determining all costs claimed, agreed
to or determined under this clause. The Contractor shall not be paid for any work performed
or costs incurred which reasonably could have been avoided.
c. Termination for Default/Cause. The House may, with written notice of default to the
Contractor, terminate this Contract in whole or in part for cause in the event of any default by
the Contractor, or if the Contractor fails to comply with any Contract term or condition, or
fails to provide the House, upon request, with adequate assurances of future performance. In
the event of termination for cause, the House shall not be liable to the Contractor for any
amount for goods or services not accepted, and the Contractor shall be liable to the House for
any and all rights and remedies provided by law. Generally, after the written notice and prior
to terminating this Contract for default, the House will provide the Contractor five (5)
calendar days to cure the defective performance; however, if the defective performance
results in a breach of information security, substantial harm to the House, or a failure to meet
the delivery schedule, the House reserves the right to immediately terminate this Contract for
default, without providing the Contractor a cure period. The Contractor shall diligently
continue to perform the work not terminated. If it is determined that the House improperly
terminated this Contract for default/cause, such termination shall be deemed a termination for
convenience. All disputes arising under or related to this Contract shall be resolved under the
provisions of this Contract and the procedures set forth in the “Disputes” section in the
Procurement Instructions for the U.S. House of Representatives, which shall be provided
upon request.
G.13. RELEASE OF CLAIMS
APRIL 2013
After completion of work, and prior to final payment, the Contractor shall furnish to the
Contracting Officer a release of claims against the United States arising out of this Contract,
other than claims specifically excepted from the operation of the release.
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SECTION H - STANDARD CONTRACT CLAUSES
H.1. CONTRACT TYPE
February 2016
Firm-Fixed-Price (FFP) Contract.
Time and Materials/Labor Hours Contract
a. This is a time and material/labor hours contract for services specified and effect for the
period stated.
b. Contractor will provide contractor support at specified fixed hourly rates that are fully
burdened and include wages, overhead, profit and general and administrative expenses.
Indefinite Delivery / Indefinite Quantity
a. This is an Indefinite-Delivery/Indefinite-Quantity (“IDIQ”) contract for the supplies or
services specified and effective for the period stated. The quantities of supplies and services
specified in this Contract are estimates only.
i. Orders. Delivery or performance shall be made only as authorized by orders issued in
accordance with this Contract. Orders shall be at the fixed prices/rates set forth in this Contract
and may be awarded on a Time-and-Material or Firm-Fixed Price basis.
ii. Quantity. The Contractor shall furnish to the House, when and if ordered, the supplies or
services specified up to and including the quantity designated in the Contract as the “maximum.”
There is no limit on the number of orders that may be issued, and the House may issue orders
requiring delivery to multiple destinations or performance at multiple locations.
b. Ordering. All work performed by the Contractor shall be authorized by individual orders.
Issuance of orders is at the sole discretion of the House.
c. Discretionary Contract. Use of this Contract to obtain the products and/or services
provided herein is at the sole discretion of the House. No legal liability exists on the part of the
House to order all products and/or services provided herein exclusively through this contract
vehicle (i.e., this is not a “requirements” contract). The maximum amount that can be awarded
under single or multiple orders is [_______].
d. Express or Formal Modifications. All other terms and conditions of the initial Contract
shall remain unchanged, except where expressly and formally modified by both parties.
e. Fixed Rates for Services. The following fixed rates shall apply for payment purposes for
the duration of the Contract. Please note that the labor hours set forth below are estimates for the
periods indicated and exact hours will be determined based upon individual orders as the need
for services become known. The labor classifications are defined in Section [__], Attachment
[__]. Any labor classifications other than those listed shall not be requested by the House nor
shall the Contractor provide them under this Contract.
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i. Rates. The rates set forth in the attachment cover all direct labor expenses and indirect
expenses (i.e., overhead, general and administrative expenses) and profit.
ii. Invoicing and Payment. The Contractor shall invoice for only the time of the personnel
whose services are applied directly to the work called for in individual orders and accepted by
the COR. The House shall pay the Contractor for the life of a work order at rates in effect when
the work order was issued, even if performance under the work order crosses into another period.
The Contractor shall maintain time and labor distribution records for all employees who work
under the Contract. These records must document time worked and work performed by each
individual on all orders.
iii. Billing. An individual will be billed at the labor rate designated by the labor category to
which he or she is assigned according to the specific work order under which that individual is
performing work. (For example, if a partner is assigned through a work order as an audit
manager, the partner shall be billed at the audit manager rate.) In no event shall an individual be
assigned or billed at a labor rate higher than that for which he or she has been contractually
approved in the pre-award phase.
H.2. AVAILABILITY OF FUNDS
DECEMBER 2014
The House’s obligation under this Contract is contingent upon the availability of appropriated
funds from which payment can be made. No legal liability on the part of the House may arise
until the funds are made available to the designated Contracting Officer through an
Appropriations Act for operations of the House. Issuance of a contract to the Contractor bearing
the signature of a Contracting Officer shall constitute evidence that such funds are available.
H.3. SYSTEM FOR AWARD MANAGEMENT
OCTOBER 2014
The Contractor shall register or be registered in the SAM database (www.sam.gov) within ninety
(90) calendar days from the date of award. The Contractor shall ensure that all information
contained in its SAM registration is current, complete and accurate throughout the performance
period of this Contract and until final payment is made by the House. To successfully register in
the SAM database, the Contractor must provide its Dun & Bradstreet Data Universal Numbering
System (“DUNS”) number or DUNS+4 number. The Contractor must also provide its Taxpayer
Identification Number, as validated by the Internal Revenue Service. Unless the Contractor’s
SAM registration is marked “Active,” the registration requirement is not met. Not applicable to
Independent Contractors. The Contracting Officer may waiver this requirement in writing only.
H.4. INSURANCE
APRIL 2013
The Contractor shall carry and maintain, during the entire period of performance under this
Contract, the following levels of insurance coverage as required by law:
a. Worker’s Compensation. Workers’ compensation and employee’s liability insurance: a
minimum of one hundred thousand dollars ($100,000) per incident;
b. Comprehensive. Comprehensive general liability: a minimum of one million dollars
($1,000,000) bodily injury per occurrence;
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c. Automobile. Automobile (vehicle) general liability insurance: a minimum of two hundred
thousand dollars ($200,000) per person; one million dollars ($1,000,000) per accident;
property damage fifty thousand dollars ($50,000.00); and/or
d. Other. Other insurance as required and specified in this Contract.
Upon request of the Contracting Officer, the Contractor shall promptly provide proof of
insurance coverage.
H.5. FEDERAL TORT CLAIMS ACT
APRIL 2013
Consistent with the Federal Tort Claims Act (28 U.S.C. § 2671, et seq.), the House shall not be
liable for any injury to the Contractor’s personnel or damage to the Contractor’s property unless
such injury or damage is due to negligence or a wrongful act or omission on the part of the
House.
H.6. EXCUSABLE DELAYS
DECEMBER 2014
The Contractor shall be liable for default unless nonperformance is caused by an occurrence
beyond the reasonable control of the Contractor and without fault or negligence of the
Contractor, such as acts of God or the public enemy, acts of the House, in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe
weather and delays of common carriers. The Contractor shall (a) notify the Contracting Officer
in writing as soon as it is reasonably possible after the commence of any excusable delay, setting
forth the full particulars in connection therewith, (b) remedy the adverse impact of such
occurrence with all reasonable dispatch, and (c) promptly give written notice to the Contracting
Officer of the cessation of such occurrence.
H.7. WARRANTY
DECEMBER 2014
a. Term. The term of the warranty shall begin on the date of acceptance. For
equipment, the installation date and the warranty period will commence on the
time stamp date which appears on the EIN form.
b. Newly Manufactured Goods and Equipment. Unless this Contract specifies
otherwise, the Contractor warrants that all goods and equipment provided are
new. Used or reconditioned goods and equipment are prohibited, unless
otherwise specified. If the Contractor believes that furnishing other than new
material will be in the House’s interest, the Contractor shall so notify the House in
writing prior to delivery, specify the price reduction proposed and request
authority to deliver such material.
c. Goods, Equipment and Services. The Contractor warrants that the goods,
equipment and services will be free from defects in materials and workmanship
for a minimum of ninety (90) calendar days, as follows: (i) after completion of
performance of services; (ii) after acceptance of goods, unless a longer warranty
period is provided by the manufacturer or by law, in which case the longer
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warranty period will apply; and/or (iii) from the date that the EIN form is date-
stamped by CAO Central Receiving for equipment, unless a longer warranty
period is provided by the manufacturer or by law, in which case the longer
warranty period will apply. Should the Contractor’s goods, equipment or services
prove to be defective within said applicable warranty period, the Contractor shall
promptly replace or repair said goods or equipment or correct such services in
accordance with the requirements of this Contract, upon receipt of written notice
from the House and without cost to the House. If such goods, equipment or
services cannot be brought into compliance with this Contract in a timely manner,
as determined by the House, the House may require a refund, in whole or in part,
from the Contractor.
d. Software. For the delivery of commercial software (i.e., software that has been
sold, leased or licensed to the general public), the Contractor warrants that such
software will perform in accordance with the software license and accompanying
documentation (e.g., nonproprietary manuals and other materials). The
Contractor further warrants that the commercial or proprietary software delivered
under this Contract will be free, at the time of delivery, of harmful code (i.e.,
computer viruses, worms, trap doors, time bombs, disabling code or any similar
malicious mechanism designed to interfere with the intended operation of, or
cause damage to, computers, data or software).
e. Intellectual Property. The Contractor warrants that the goods, equipment and
services furnished under this Contract will not infringe or violate any U.S.
intellectual property right, including, without limitation, rights in trade secrets,
copyrights and U.S. patents.
f. Excluded / Limited Warranties. If the Contractor wishes to exclude or limit these
implied warranties, it shall be the Contractor’s responsibility to offer and agree
with the House on an express warranty that includes terms (including the length
of the warranty) equal to or better than those offered to comparable customers in
customary commercial practice. The express warranty, if any, shall be included
as an addendum to the Contract.
H.8. SUBSTITUTIONS
DECEMBER 2014
The Contractor shall not tender substituted goods or equipment or use any specification in lieu of
those applicable to this Contract without the prior written consent of the Contracting Officer.
H.9. BUY AMERICAN
APRIL 2013
Unless otherwise specified in this Contract, goods and equipment acquired hereunder shall be of
the growth and manufacture of the United States, provided such goods and equipment, as
measured by cost of components, can be procured upon as good terms as to quality and price as
are demanded for like items of foreign growth and manufacture.
a. As used in this clause and the clause of this solicitation entitled “Buy American Act
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Certification,” the following definitions apply:
i. “Component” means an article, material or supply incorporated directly into an end
product.
ii. “Cost of components” means: (1) for components purchased by the Contractor, the
acquisition cost, including transportation costs to the place of incorporation into the
end product (whether or not such costs are paid to a domestic firm), and any
applicable duty (whether or not a duty-free entry certificate is issued); or (2) for
components manufactured by the Contractor, all costs associated with the
manufacture of the component, including transportation costs as described item
a(ii)(1) of this definition, plus allocable overhead costs, but excluding profit. Cost of
components does not include any costs associated with the manufacture of the end
product.
iii. “Domestic end product” means: (1) an unmanufactured end product mined or
produced in the United States; or (2) an end product manufactured in the United
States, if the cost of its components mined, produced or manufactured in the United
States exceeds fifty percent (50%) of the cost of all its components. Components of
foreign origin of the same class or kind as those that the agency determines are not
mined, produced or manufactured in sufficient and reasonably available commercial
quantities of a satisfactory quality are treated as domestic. Scrap generated, collected
and prepared for processing in the United States is considered domestic.
iv. “End product” means those articles, materials and supplies to be acquired under the
Contract for House use.
v. “Foreign end product” means an end product other than a domestic end product.
b. The Contractor shall deliver only domestic end products except to the extent that it specified
delivery of foreign end products in the provision of the solicitation entitled “Buy American Act
Certification.”
H.10. MOST FAVORED CUSTOMER PRICING
APRIL 2013
During the term of this Contract, prices for the goods, equipment and services required under this
Contract must be equal to or lower than those offered the most favorable customer for similar
quantities under comparable terms and conditions. When requested by the Contracting Officer,
the Contractor must show that the prices offered the House match or are less than those offered
to the Contractor’s most favored customers for those quantities under those terms and conditions,
and such pricing data must be available for review by the Contracting Officer throughout the
term of the Contract. Any price reductions offered to other customers must be offered to the
House if similar item quantities are involved.
H.11. HOUSE RULES AND REGULATIONS
DECEMBER 2014
This Contract shall be governed by and shall be interpreted in accordance with all applicable
statutes, House Rules (clerk.house.gov/legislative/house-rules.pdf) and House Regulations.
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H.12. COMPLIANCE WITH LAWS
APRIL 2013
The Contractor shall comply with all applicable Federal, State and local laws, executive orders,
rules and regulations applicable to its performance under this Contract, including laws
prohibiting discrimination on the basis of race, religion, color, sex, national origin, age or
disability.
H.13. HOUSE INFORMATION
OCTOBER 2014
a. Ownership, Access and Release of House Information. The House and the Contractor
agree that all “House Information” shall remain the exclusive property of the House. As
used herein, and subject to the specific exclusions below, “House Information” means (i)
all information related to this Contract, (ii) all information (including all work papers,
products, drawings, products, code, House records, files, forms, data and other
information and documents in electronic or hard-copy form) collected, stored, processed,
developed or otherwise accessed by the Contractor and subcontractor in performing this
Contract, and (iii) all other information that is of such nature that a reasonable person
would understand such information to be House Information. House Information shall
not include information (A) generally known to the public, (B) already known, through
legal means, to the party receiving the information, or (C) required to be disclosed under
applicable law, subject to the further requirements of Section I.16 where incorporated
into this Contract. The Contractor shall not provide access to, make unauthorized copies
of, and/or release any House Information without prior written approval by the
Contracting Officer, and subject to the further requirements of Section I.16 where
incorporated into this Contract.
b. Return of House Information. Upon the request of the applicable House entity or the
Contracting Officer, or in any event promptly upon the termination of this Contract, all
House Information made available hereunder, including electronic copies and any
applicable backup copies thereof, shall be returned or, if directed or permitted by the
applicable House entity or the Contracting Officer, destroyed, and the Contractor shall
certify that it does not retain such House Information. Similarly, the Contractor shall
require its subcontractors to return or destroy House Information upon completion of
work under this Contract. The Contractor shall require that its subcontractors certify that
such information is not retained. Failure to comply with the provisions of this clause may
result in penalties prescribed under House rules at the discretion of the Contracting
Officer.
H.14. INFORMATION SECURITY
OCTOBER 2014
a. Compliance. All Contractor and subcontractor software, hardware and personnel that
interface with House offices (including Leadership, Member, Committee, Officer and
subordinate offices, such as House Information Resources (“HIR”)) are subject to and
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shall comply with the rules, regulations and sanctions outlined in the House
Information Security Policies (“HISPOLS”), House Information Security Publications
(“HISPUBS”) and HIR Security Standards, which will be provided upon request, as
required by the Contract. The Contractor agrees to instruct its employees and
subcontractors in connection with this Contract of their obligations to comply with all
security standards and requirements of the House.
b. System Servers. All system servers of the Contractor and its subcontractors must
receive security certification from the Information Systems Security Office prior to
integration within the House network. This certification will follow successful
completion of a system security compliance audit and will be signed by the Director
of the Information Systems Security Office.
H.15. NON-DISCLOSURE AGREEMENT
APRIL 2013
Due to the sensitive and confidential nature of information that the Contractor and subcontractors
may come in contact with during the performance of this Contract, the Contractor, subcontractor
and all personnel with access to House Information shall sign the House’s “Non-Disclosure
Agreement” form, as provided by the Contracting Officer. The Non-Disclosure Agreement
forms must be completed prior to commencing work under this Contract. The Non-Disclosure
Agreement states in part that the individual signing the form agrees and understands that he or
she will not disclose any House Information, including House Sensitive Information, received in
the course of service to the House.
H.16. PROTECTION OF CONTRACTOR PROPRIETARY DATA
APRIL 2013
a. Contractor Proprietary Data. The House agrees that all material appropriately marked or
identified in writing as “Contractor Proprietary,” and furnished hereunder by the Contractor to
the House, are provided for the House’s use for the purposes of this Contract only. All such
proprietary data, including software, shall remain the property of the Contractor, subject to the
House’s “Government Purpose Rights” license.
b. Destruction of Licensed Materials. The House will take reasonable steps to ascertain,
prior to disposing of any media containing licensed materials, that such licensed materials
contained thereon have been erased or otherwise destroyed.
c. Compliance. The House agrees that it will take reasonable steps by instruction,
agreement or otherwise with its employees or other persons permitted access to licensed software
and other proprietary data to satisfy its obligations under this Contract with respect to use,
copying, modification, protection and security of proprietary software and other proprietary data.
H.17. EXAMINATION AND AUDIT
DECEMBER 2014
The Contractor agrees that the House, or its designated representative, shall have the right to
review and copy any directly pertinent records, including records of a subcontractor, regarding
the performance of this Contract. The Contractor agrees to maintain such records for possible
examination or audit for three (3) years after final payment, unless a longer period of record
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retention is stipulated or required by law.
H.18. LIMITATION OF LIABILITY AND INDEMNIFICATION
DECEMBER 2014
a. Damage or Loss to Property. The Contractor assumes all risk of loss of or
damage to any property of the House (except for House Information, which is
discussed in paragraph (b) below) entrusted to the Contractor while in the
Contractor’s possession or otherwise under the Contractor’s control. In the event
of loss or irreparable damage, the Contractor shall promptly reimburse the House
for the value of the property. Any other damage shall be promptly repaired by the
Contractor at the Contractor’s expense.
b. Damage to Information. The Contractor shall protect and be responsible for any
loss, destruction or damage to House Information, work product or other
information needed to perform its obligations under this Contract that results from
or is caused by the Contractor’s acts or omissions or from the failure on the part
of the Contractor to reasonably maintain and administer such House Information,
work product or information. The Contractor shall be liable to the House for any
damages resulting from such loss, destruction or damage.
c. Limitation of Liability. In no event will the House be liable for consequential,
special, indirect, incidental, special or punitive damages, or any loss of revenue,
profit, business, savings or goodwill, regardless of the form of action or theory of
recovery, even if notification has been given as to the possibility of such damages.
d. Indemnification. To the maximum extent permitted by law and except to the
extent caused by negligence of the House, the Contractor shall, at its expense,
indemnify, defend with counsel reasonably approved by the House and hold
harmless the House, its Members, employees and agents, from and against any
losses, liabilities, damages, fines, penalties, costs, obligations, fees, including
without limitation reasonable attorneys’ fees and settlements, and expenses from
any third party claim, action, suit or judgment to the extent caused by or arising
from: (i) the negligent acts or negligent omissions or willful misconduct of the
Contractor, its officers, employees, agents or subcontractors for property damage,
personal injury or death; (ii) the failure of goods, equipment and/or services
delivered/performed under this Contract to meet the requirements of applicable
laws or regulations; (iii) the infringement or violation of any U.S. or foreign
intellectual property right, including without limitation rights in trade secrets,
trademarks, copyrights and patents, by any good/equipment/service provided
hereunder; and (iv) a breach or alleged breach of its obligations to maintain the
confidentiality of House Information and information security requirements set
forth in this Contract. The House shall promptly give the Contractor notice of
such claim and shall cooperate in the defense of such claims at the Contractor’s
expense. The disclaimers of certain damages and damages limitations in
paragraph (c) above shall not apply to damages, expenses, losses, fees, liabilities,
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costs or other amounts arising from the Contractor’s indemnification obligations
under this Contract.
H.19. NON-EXCLUSIVITY OF RIGHTS AND REMEDIES
APRIL 2013
In all cases, the rights and remedies of the House herein are cumulative and are in addition to any
other rights or remedies that the House may have at law or in equity.
H.20. FLOWDOWN AND SUBCONTRACTORS
APRIL 2013
The Contractor shall be responsible for flowing down all appropriate terms and conditions of this
Contract to its subcontractors and suppliers. The Contractor shall obtain prior written consent
from the Contracting Officer prior to subcontracting any part of this Contract. Award of a
contract resulting from an Offer proposing a specific subcontractor shall constitute approval for
use of that subcontractor, but in all respects, the prime contractor shall remain responsible for
performance under the contract.
H.21. E-VERIFY
APRIL 2013
a. Definitions. As used in this clause,
“Employee assigned to the contract” means an employee, of the Contractor, who was hired after
December 6, 1986, who is directly performing work, in the United States. An employee is not
considered to be directly performing work under a contract if the employee: (i) normally
performs support work, such as indirect or overhead functions; and (ii) does not perform any
substantial duties applicable to the contract.
“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services
for performance of a prime contractor a subcontract. It includes, but is not limited to, purchase
orders, and changes and modifications to purchase orders.
“Subcontractor” means any party that furnishes supplies or services to or for a prime Contractor
or another subcontractor.
“United States,” as defined in 8 U.S.C. 1101(a)(38), means the fifty (50) States, the District of
Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands and the U.S.
Virgin Islands.
b. Enrollment and Verification Requirements.
i. If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of the
contract award, the Contractor shall: (1) enroll as a Federal Contractor in the E-Verify
program within thirty (30) calendar days of contract award; and (2) verify all new
employees within sixty (60) calendar days of enrollment in the E-Verify program, and
(3) begin to use E-Verify to initiate verification of employment eligibility of all new hires
of the Contractor, who are working in the United States, whether or not assigned to the
Contract, within three (3) business days after the date of hire.
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ii. If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award,
the Contractor shall use E-Verify to initiate verification of employment eligibility of all
new employees: (1) if the Contractor has been enrolled sixty (60) calendar days or more,
the Contractor shall initiate verification of all new hires of the Contractor, who are
working in the United States, whether or not assigned to the contract, within three (3)
business days after the date of hire; or (2) if the Contractor has been enrolled less than
sixty (60) calendar days, within sixty (60) calendar days after enrollment as a Federal
Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the
Contractor, who are working in the United States, whether or not assigned to the
Contract, within three (3) business days after the date of hire.
iii. The Contractor shall comply, for the period of performance of this Contract, with the
requirements of the E-Verify program as administered by the Department of Homeland
Security.
c. Web Site. Information on registration for and use of the E-Verify program can be obtained
via the Department of Homeland Security Web site at www.dhs.gov/e-verify.
d. Individuals Previously Verified. The Contractor is not required by this clause to perform
additional employment verification using E-Verify for any employee who is a current
employee or: (i) whose employment eligibility was previously verified by the Contractor
through the E-Verify program; or (ii) who has been granted and holds an active U.S.
Government security clearance for access to confidential, secret or top secret information in
accordance with the National Industrial Security Program Operating Manual.
e. Subcontracts. The Contractor shall include the requirements of this clause, including this
paragraph (e) (appropriately modified for identification of the parties), in each subcontract
that the Contractor enters into for the performance of this Contract.
f. Report. Within thirty (30) days of the Contract award, the Contractor shall provide the
Contracting Officer with written confirmation of (i) when the Department of Homeland
Security granted E-Verify access to the Contractor, and (ii) when the Contractor first used
the E-Verify verification system.
H.22. BACKGROUND CHECKS
OCTOBER 2014
a. Employee Eligibility. The Contractor must submit a report prior to the
commencement of work to the COR, which lists all Contractor employees and
subcontractor employees who will be working on this Contract and states that the
U.S. Department of Justice, Immigration and Naturalization Service Employment
Eligibility Verification Form I-9 was completed and verified for each person
listed. This report must be signed and dated by a Contractor Human Resources
Director or Manager. For Contractor employees and subcontractor employees
placed on this contract after the initial report submission, the Contractor must
complete the CAO Contractor/Contract Employee Registration Form (available
on www.house.gov). This form must be signed and dated by a Contractor Human
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Resources Director/Manager or Executive in the Contractor’s corporate office,
and presented to the COR prior to the COR initiating the background check.
b. Background Checks. All Contractor employees and subcontractor employees
working on this Contract will go through a background check conducted by the
U.S. Capitol Police. The COR will provide the Contractor with Capitol Police
forms (CP-491 or equal) to be filled out and returned for each Contractor
employee and subcontractor employee working in any capacity on this Contract.
Forms for each Contractor employee and subcontractor employee working on this
Contract must be submitted prior to the commencement of work and early enough
so adjudication of the results by the CAO can occur prior to the commencement
of this Contract. If CAO Human Resources, after having processed the forms,
determines at any time that the Contractor employee or subcontractor employee is
unsuitable or unfit for assigned duties, CAO Human Resources will notify the
COR and the Contracting Officer. The Contractor agrees to immediately remove,
at the Contracting Officer’s request, any employee or subcontractor employee
deemed unsuitable or unfit by the CAO from work under this Contract.
c. Frequency. All Contractor employees and subcontractor employees working on
this Contract are required to go through a background check by the U.S. Capitol
Police and be cleared by the CAO every three (3) years. Additional background
checks may be conducted on such Contractor and subcontractor employees at any
time as warranted.
d. Security Clearance. Contractor employees and subcontractors must be able to
obtain and/or maintain a Federal government security clearance and/or pass
additional background checks/investigations if access to “House Sensitive
Information” (as described in HISPOL 002.0, which is available upon request) is
required under the terms of this Contract. Individual House Offices or CAO
Business Units may require an Office of Personnel Management Extended
Background Investigation or other security clearance, as deemed necessary, at the
cost to the Contractor.
H.23. IDENTIFICATION BADGES
OCTOBER 2014
a. Access. If unescorted access is required outside of normal public building visitor hours,
and access to the House network or House Sensitive Information will occur, or as
determined by the COR, all Contractor employees and subcontractor employees requiring
access shall obtain a House identification badge issued by the House Sergeant at Arms
before the Contractor employee or subcontractor employee begins work under this
Contract or subcontract. Although subject to change, public building visitor hours are
Monday to Friday 7:00 a.m. to 7:00 p.m., and Saturday 7:00 a.m. to 1:00 p.m., excluding
Federal holidays. House identification badges will not be issued to a Contractor
employee or subcontractor employee unless the Capitol Police background check (CP-
491 or equal) forms are submitted and approved.
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b. Return Policy. The Contractor shall ensure that each Contractor employee and
subcontractor employee promptly surrenders his or her House identification/access badge
to the COR upon termination of employment or when that employee’s performance is no
longer required under this Contract. The Contractor agrees to pay a fee of one hundred
dollars ($100.00) per week per badge for failure of the Contractor, a Contractor employee
or subcontractor employee to comply with this obligation.
c. Final Payment. Final payment will not be made under this Contract until all House
identification badges that were issued under this Contract have been returned to the COR,
who will give them to CAO Human Resources.
H.24. KEY PERSONNEL
APRIL 2013
a. General. All Contractor personnel identified as key personnel in the proposal
shall be considered “Key Personnel” in this Contract. Any changes to Key
Personnel shall be documented in a modification to this Contract.
b. Substitutions. The Contractor shall make no substitutions of Key Personnel
unless the substitution is (i) necessitated by illness, death or termination of
employment, (ii) requested by the COR, or (iii) requested by the Contractor and
approved by the COR. The House reserves the right to request that a given
resource be substituted for any reason. Approvals of Contractor requests to
substitute Key Personnel for reasons other than illness, death or termination of
employment shall be granted sparingly and in all instances predate the actual
substitution by no fewer than fourteen (14) calendar days. In the event of a
substitution, the Contractor is solely responsible for ensuring that there is a
sufficient knowledge transfer to minimize delays in continuing the work being
performed by the resource. Substitutions to Key Personnel shall have
qualifications equal to or superior to those of the approved resource.
c. Training and Orientation. If the House is paying the Contractor on a time-and-
materials or labor-hour basis for Key Personnel, the following shall apply: for a
period of time determined by the COR, but in no event more than ten (10)
business days, the Contractor shall bear the cost of training and orientation of a
replacement resource by the House so that the replacement resource can resume
the services performed for the House at the same point and with the same
efficiency as the resource being substituted (at which time the Contractor may
commence billing the House for the services of the substituted resource).
H.25. AUTHORIZED USE BY OTHER LEGISLATIVE
ENTITIES
APRIL 2013
Other Legislative Branch Entities can issue orders against this Contract to acquire goods,
equipment and services within the scope of the Contract. The House includes Members,
Resident Commissioners, Delegates, House Officers, Committees, Leadership Offices, other
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H.26. COVENANT AGAINST GRATUITIES
DECEMBER 2014
The Contractor warrants that no gratuities (including entertainment, gifts or otherwise) were
offered or given by the Contractor, or any agent or representative of any Contractor, to any
Member, Resident Commissioner, Delegate, House Officer or employee of the House with the
intent of securing this Contract or securing favorable treatment with respect to any
determinations concerning the performance of this Contract. This Contract may be immediately
terminated for default if it is determined by the House that a gratuity was offered or given to any
Member, Resident Commissioner, Delegate, House Officer or employee of the House with the
intention of securing this Contract or securing favorable treatment under this Contract. No
Member, Resident Commissioner, Delegate, House Officer or employee of the House shall share
any personal benefit of this Contract.
H.27. CONFLICTS OF INTEREST
APRIL 2013
a. Personal Conflicts of Interest. A personal conflict of interest exists when a Contractor
employee has a financial interest, personal activity or relationship that could impair the
employee’s ability to act fairly and impartially when performing under this Contract. The
Contractor shall have procedures in place to screen employees for potential personal
conflicts of interest. The Contractor must:
i. not assign or allow employees to perform any task under the contract for which the
Contractor has identified a personal conflict of interest that cannot be satisfactorily
prevented or mitigated in consultation with the Contracting Officer;
ii. inform applicable employees of their obligation (1) to disclose and prevent personal
conflicts of interest; (2) not to use non-public information accessed through performance
of the contract for personal gain; (3) to avoid even the appearance of personal conflicts of
interest; and (4) to sign a Non-Disclosure Agreement;
iii. establish and maintain effective oversight mechanisms to verify compliance with
personal conflict of interest safeguards;
iv. take appropriate disciplinary action in the case of employees who fail to comply with the
personal conflict of interest policies established pursuant to this clause; and
v. report to the Contracting Officer any personal conflict of interest violation as soon as it is
identified. This report shall include a description of the violation and the proposed
actions to be taken by the Contractor in response to the violation. The Contractor must
provide follow-up reports of corrective actions taken, as necessary. Personal conflict of
interest violations include: (1) failure by an employee to disclose a personal conflict of
interest; (2) use by an employee of non-public information accessed through performance
of the contract for personal gain; and (3) failure of an employee to comply with the terms
of a non-disclosure agreement.
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b. Organizational Conflicts of Interest. An organizational conflict of interest exists
when the Contractor’s activities or relationships with other persons, corporations
and/or entities render the Contractor unable or potentially unable to provide
impartial assistance or advice to the House, or the Contractor’s objectivity in
performing the contract work is or might be otherwise impaired, or the Contractor
has an unfair competitive advantage. The Contractor must avoid strictly any
conflict of interest or even the appearance of a conflict of interest in connection
with this Contract. The Contractor shall not have organizational conflicts of
interest that would diminish its capacity to provide impartial, technically sound,
objective assistance, or would result in a biased work product, or might result in
an unfair competitive advantage.
c. Contracting with organizations owned in whole or in part by federal government
employees. An organizational conflict of interest exists when the Contractor is
owned in whole or in part by federal government employees, regardless of
whether the personnel are employed by the federal governmental entity where
the proposal, quotation, bid, or offer is being submitted. Whenever there could be
a perceived conflict of interest resulting from direct ownership the contracting
officer shall be notified immediately. Ownership through a 401(k) or other
substantially similar investment or retirement vehicle where no direct involvement
in the organization is or can be exercised shall not be deemed a conflict.
H.28. ADVERTISING/PROMOTIONAL MATERIALS
OCTOBER 2014
The Contractor agrees to submit any proposed advertising and/or promotional copy connected in
any manner with this Contract and/or the House or Capitol to the Contracting Officer for
approval. No news releases, press conferences, or advertisements to be issued by the Contractor
pertaining to this Contract or mention of the House as a customer shall be made by the
Contractor without prior written approval of the Contracting Officer. This restriction applies to
all media, including corporate and social web sites. The Contractor shall not use the House seal
under any circumstances in any of its materials.
H.29. INCIDENTAL SERVICES, TRAVEL AND OTHER
EXPENSES
APRIL 2013
Unless separately priced and awarded, the cost of all services, travel and any other expenses
incurred incident to performance of work shall be borne by the Contractor. If separately priced
and awarded, travel costs shall be reimbursed in accordance with the Joint Federal Travel
Regulations, including per diem rate limitations.
H.30. SEVERABILITY
APRIL 2013
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The Contractor and the House agree that if any provision of this Contract is found to be illegal or
unenforceable, such term or provision shall be deemed stricken and the remainder of the
Contract terms and conditions shall remain in full force and effect.
H.31. ASSIGNMENT
OCTOBER 2014
This Contract and the rights, interests and obligations of the Contractor hereunder
shall not be assigned by the Contractor without the Contracting Officer’s prior written
consent.
H.32. ORDER OF PRECEDENCE
DECEMBER 2014
a. Contract. In the event of an inconsistency between portions of this Contract, the
inconsistency shall be resolved by giving precedence in the following order: (i) statement
of work; (ii) other clauses of this Contract, whether incorporated by reference or
otherwise; (iii) solicitation provisions; (iv) any clauses associated with purchase orders or
task orders issued pursuant to the Contract and (v) the Contractor’s proposal.
b. Other. In the event that the provisions of this Contract conflict with the provisions of
other Federal contracts, including orders incorporating terms of U.S. General Services
Administration Federal Supply Schedule contracts, the provisions of this Contract shall
govern solely to the extent of any such conflict.
H.33. SAFETY AWARENESS
DECEMBER 2014
The Contractor agrees to (a) instruct its employees and subcontractors working in House
facilities of House grounds in connection with this Contract of their obligations to follow any
emergency evacuation plans provided by the House, and (b) comply with all safety requirements
of the House.
H.34. WAIVER OF RIGHTS
DECEMBER 2014
Waiver by either party of any default by the other hereunder shall not be deemed a waiver by
such party of any other default.
H.35. PRIVACY AND CONFIDENTIALITY
MARCH 2015
a. General. During the term of this Contract, the Contractor must not disclose to any other
person or entity any “Confidential Information” obtained from the House or in
connection with delivery of the services related to this Contract. “Confidential
Information” means (i) all information related to this Contract, the House and all
information collected, processed or otherwise accessed by the Contractor in performing
under this Contract, and any data or information collected in connection with delivery of
the services related to this Contract, and (ii) all other information that is identified (orally
or in writing) as confidential or of such a nature that a reasonable person would
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understand such information to be confidential to the House. Confidential Information
shall not include information (A) generally known to the public, (B) already known,
through legal means, to the party receiving the information, (C) legally obtained from a
third party, or (D) required to be disclosed under applicable law, regulation or final order
of any governmental or regulatory authority or court having jurisdiction over the
Contractor or the House, but only to the extent of such requirement (in which case the
Contractor shall (1) give prompt notice to the House, describing in reasonable specificity
and detail all Confidential Information to be disclosed and all relevant circumstances with
respect to such disclosure, to enable the House to take any appropriate action in order to
limit such required disclosure, and (2) provide all reasonable cooperation to the House in
connection with any such action).
b. Non-Use and Non-Disclosure of Confidential Information. The Contractor shall not,
except as required by judicial order or governmental laws or regulations, during or
subsequent to the term of this Contract (i) use Confidential Information for any purpose
whatsoever other than the performance of Contractor in providing the services, or (ii)
disclose Confidential Information to any third party. It is understood that Confidential
Information shall remain the sole property of the House. The Contractor shall take all
reasonable precautions to prevent any unauthorized use or disclosure of Confidential
Information. To the extent the Contractor feels it needs to disclose Confidential
Information, it may do so only after obtaining written authorization from the Contracting
Officer. The Contractor shall notify the COR immediately in the event of any loss of or
unauthorized access to Confidential Information and shall use all efforts to mitigate the
effect of such loss and to recover all Confidential Information.
c. Return of Confidential Information. Upon the request of the House, or in any event
promptly upon the termination of this Contract, all Confidential Information made
available hereunder, including copies thereof, shall be returned or, if directed or
permitted by the House, destroyed, and the Contractor shall certify that it does not retain
such Confidential Information.
d. Failure to Comply. Failure of the Contractor to comply with this confidentiality clause
may be grounds for a Termination for Default by the Contracting Officer.
H.36. WORKPLACE RIGHTS & RESPONSIBILITIES
POLICIES AND TRAINING
APRIL 2018
a. The Contractor shall certify that it has in place a written workplace rights and
responsibilities policy and training covering harassment and discrimination prevention.
b. The contractor shall certify that all contractors providing services to the House under this
contract have completed such training prior to working under this contract.
c. Prior to the exercise of an option, the contractor shall certify that all contractors working
under this contract have completed annual workplace harassment and discrimination
prevention and rights training.
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SECTION I - SPECIAL CONTRACT CLAUSES
I.1. RIGHTS IN NEW WORK PRODUCT
APRIL 2013
a. Ownership. The House and the Contractor agree that all data, inventions, discoveries,
intellectual property, technical communications and records developed, originated or prepared by
the Contractor pursuant to this Contract including papers, reports, charts, computer programs and
other documentation or improvements thereto and including the Contractor’s administrative
communications and records relating to this Contract (collectively, the “Work Product”), shall be
the House’s exclusive property.
b. Pre-Existing Materials. Software and other materials developed or otherwise obtained by
or for the Contractor or its affiliates independently of this Contract (“Pre-Existing Materials”) do
not constitute Work Product. If the Contractor creates derivative works of Pre-Existing
Materials, the elements of such derivative works created pursuant to this Contract constitute
Work Product, but other elements do not. Nothing in this clause will be construed to interfere
with the Contractor’s or its affiliates’ ownership of Pre-Existing Materials.
c. Government Purpose Rights. The House shall have “Government Purpose Rights” to the
Work Product. Such recipients of the Work Product may include, without limitation, executive
agencies or legislative branch of the U.S. Government, state/local government entities, and other
House or Senate contractors/vendors.
d. Joint Development. The ideas, concepts, know-how, or techniques relating to data
processing, developed during the course of this Contract by the Contractor or jointly by the
Contractor and the House, may be used by either party without obligation of notice or
accounting.
e. Developing Other Materials. This Contract shall not preclude the Contractor from
developing materials outside of this Contract that are competitive, irrespective of their similarity
to materials which might be delivered to the House pursuant to this Contract.
I.2. SOFTWARE ESCROW
APRIL 2013
The Contractor shall place the source code for all Work Product (for which the House has paid
up to the date of default or termination) and the object code for all Pre-Existing Materials (as
defined in the Clause entitled, “Rights in New Work Product”), consistent with the Contractor’s
license rights in such materials, into escrow to protect the House’s ability to operate the
system/solution in the event of a Contractor default or insolvency. The terms and conditions of
the Escrow Agreement shall be substantially in the form provided by the Contractor and
approved by the Contracting Officer.
I.3. SOFTWARE LICENSE WARRANTY
APRIL 2013
The Contractor warrants that it has full power and authority to grant the rights contained in this
Contract with respect to the software without the consent of any other person. Neither the
performance of the services by the Contractor nor the license to and use by the House of the
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software and documentation (including copying) will in any way constitute an infringement or
other violation of any copyright, trade secret, trademark, patent, invention, proprietary
information, nondisclosure, or other rights of any third party.
I.4. SYSTEM/SOLUTION WARRANTIES
APRIL 2013
In addition to any warranties set forth elsewhere in this Contract, the Contractor
represents and warrants the following with regard to the system/solution:
a. the Contractor’s performance and the system/solution shall comply with all
applicable laws, regulations, codes, standards and ordinances;
b. the Contractor shall not introduce unauthorized code into the system/solution and
has tested for such unauthorized code using industry standard tests and has not found any such
unauthorized code. The Contractor further warrants that the Contractor shall not introduce, via
modem or otherwise, any code or mechanism that electronically notifies the Contractor of any
fact or event, or any key, node, lock, time-out, or other function, implemented by any type of
means or under any circumstances, that may restrict the House’s use of or access to the
system/solution, in whole or in part, based on any type of limiting criteria;
c. the system/solution and all data-related output or results produced thereby:
(i) shall not have a life expectancy limited by date or time format; (ii) shall correctly record,
store, process, and present calendar dates; (iii) shall lose no functionality, data integrity, or
performance with respect to any date; and (iv) shall be interoperable with other software used by
the House that may deliver date records from the system/solution or interact with date records of
the system/solution;
d. each copy of the Work Product provided by the Contractor, as applicable, is and
will be free from physical defects in the media that tangibly embodies the copy. The Contractor
shall replace, at the Contractor’s expense including shipping and handling costs, any Work
Product provided by the Contractor that does not comply with this warranty; and
e. if the software for the system/solution, in whole or in part, is replaced; upgraded;
or modified by the Contractor with replacement or upgraded software components, or if the
Contractor provides custom software or enhancements, the software as upgraded, replaced or
modified shall operate with the rest of the software, equipment and data in the system/solution
without loss of any functionality.
I.5. INTELLECTUAL PROPERTY INDEMNITY
APRIL 2013
a. With respect to claims arising from computer hardware or software manufactured by a
third-party and sold by the Contractor as a reseller, the Contractor will pass through to the House
such indemnity rights as it receives from such third party (“Third-Party Obligation”) and will
cooperate in enforcing them; provided that if the third-party manufacturer fails to honor the
Third-Party Obligation, the Contractor will provide the House with indemnity protection equal to
that called for by the Third-Party Obligation, but in no event greater than that called for in the
first sentence of this subparagraph. The provisions of this subparagraph apply only to third-party
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computer hardware and software sold as a distinct unit and accepted by the House.
b. Unless an applicable Third-Party Obligation provides otherwise, the defense and payment
obligations set forth in this clause will be conditional upon the following:
i. the House will notify the Contractor of any such claim in writing and tender the
defense thereof within a reasonable time; and
ii. the Contractor will have sole control of the defense of any action on such claim and
all negotiations for its settlement or compromise; provided that (1) when substantial
principles of government or public law are involved, when litigation might create
precedent affecting future House operations or liability, or when involvement of the
House is otherwise mandated by law, the House may participate in such action at its
own expense with respect to attorneys’ fees and costs (but not liability); (2) the House
will have the right to approve or disapprove any settlement or compromise, which
approval will not unreasonably be withheld or delayed; and (3) the House will
reasonably cooperate in the defense and in any related settlement negotiations.
c. Should the deliverables or software, or the operation thereof become, or in the
Contractor’s opinion are likely to become, the subject of a claim of infringement or violation of a
United States intellectual property right, the House shall permit the Contractor at its option and
expense either to procure for the House the right to continue using the deliverables or software,
or to replace or modify the same so that they become non-infringing. If none of these options
can reasonably be taken, or if the use of such deliverable or software by the House shall be
prevented by injunction, the Contractor agrees to take back such deliverables or software and
make every reasonable effort to assist the House in procuring substitute deliverables or software.
If, in the sole opinion of the House, the return of such infringing deliverables or software makes
the retention of other deliverables or software acquired from the Contractor under this Contract
impractical, the House shall then have the option of terminating such contracts, or applicable
portions thereof, without penalty or termination charge. The Contractor agrees to take back such
deliverables or software and refund any sums the House has paid the Contractor less any
reasonable amount for use or damage.
d. The Contractor warrants that it has appropriate systems and controls in place to ensure
that House funds will not be used in the performance of this Contract for the acquisition,
operation, or maintenance of computer software in violation of any intellectual property right,
law, rule or regulation, including those addressing copyright.
I.6. DOCUMENTATION FOR SOFTWARE AND EQUIPMENT
APRIL 2013
The Contractor shall provide two (2) sets of Documentation to the House in a customary
commercial format. “Documentation” means (a) all documents to be delivered under the
Contract, (b) work product prepared by the Contractor to explain the use of the system/solution,
and (c) all commercially available operations, technical and other manuals used in conjunction
with the system/solution, including without limitation manuals provided by licensors of third-
party software and by equipment manufacturers. Upgrades and revisions to this Documentation
shall be provided for the term of the Contract. There shall be no additional charge for the
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Documentation or updates thereto, in whatever form provided. If the Contractor maintains its
technical, maintenance and installation Documentation on a web site, the Contractor may fulfill
the obligations set forth in this clause by providing the House access to its web-based
Documentation information. The Contractor grants a nonexclusive, perpetual right to use, make
derivative works based upon, modify, and reproduce the Documentation furnished in accordance
with the definition of “Government Purpose Rights” in the Clause entitled, “Rights in New Work
Product.”
I.7. SOFTWARE VERSIONS
APRIL 2013
Unless otherwise mutually agreed to in writing, the Contractor shall, during the term of the
Contract, maintain any and all third-party software products at their most current version or, at
the House’s option, no more than one (1) version back from the most current version at no
additional charge for such Services. However, the Contractor shall not maintain any third-party
software versions, including one (1) version back, if any such version would prevent the House
from using any software functions, in whole or in part, in accordance with applicable
specifications for the then-current version of the system/solution or would cause deficiencies in
the system/solution. Any additional costs that are charged by a third-party software
manufacturer for an upgrade to a third-party software product that is not covered by such
product’s maintenance agreement shall be charged to and paid for by the Contractor.
I.8. USE OF HARDWARE OR SOFTWARE MONITORING
APRIL 2013
a. The Contractor must permit inclusion or attachment of monitoring devices as the House
may choose to employ for the purpose of examining or measuring the activity within a
computer system/solution delivered, installed, and/or maintained by the Contractor under
this Contract. These devices include hardware monitors physically connected to the
computer system/solution and software monitors that may require portions of the
computer system’s control software to be displaced.
b. The Contractor may not prohibit the installation of these devices unless the particular
device will cause significant or permanent damage to the computer system/solution. The
Contractor must assist the House in identifying and locating device connections when
requested by the House if the Contractor provides the services to other customers. If
House attachments cause equipment failure, the House is liable for any damage.
I.9. TECHNOLOGY ENHANCEMENT
APRIL 2013
The Contractor may propose technology enhancement of information technology equipment,
hardware, or software configurations being provided under this Contract whenever newer
technology becomes available that may save money, improve performance or save energy. All
proposed upgrades must meet all of the following requirements:
a. all mandatory requirements of the Contract must continue to be met;
b. overall Contract life cycle costs may not increase as a result of the upgrade; and
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c. the proposed upgrade or enhancement will: (i) either be more cost effective than existing
contract offerings/configurations; or (ii) at minimum, must result in at least equal operability,
maintainability, reliability and overall system/solution performance while providing some
additional benefit or advantage to the House.
The decision on a proposed technology replacement shall be made solely at the discretion of the
Contracting Officer.
I.10. SELF-HOSTING OPTION
APRIL 2013
The House shall have an option to replace any hosting services provided by the Contractor with a
self-hosted version of the software and self-hosted maintenance and support services, under
which the House would take responsibility for hosting and operation of its system/solution. The
House will exercise this self-hosting option by issuing a written notice to the Contractor. If the
House exercises this option, the Contractor and its subcontractors hereby grant the House a
perpetual, irrevocable, non-terminable, nonexclusive license at no charge to use, demonstrate
(for the House’s internal business purposes and for processing House Information), modify and
prepare derivative works based on, and reproduce the Source Code for Custom Software and the
Object Code for third-party software, consistent with the Contractor’s rights in such software, for
the House’s internal business purposes; provided, however, that the Contractor shall not be
required to provide maintenance services for deficiencies caused by House-produced
modifications to or derivative works based on the software. If the House exercises the self-
hosting option, the prices reflected in this Contract for such option shall take effect.
I.11. SERVICE LEVEL AGREEMENTS
APRIL 2013
a. The Contractor warrants that it shall maintain the system/solution, and hosting
services if any, to meet the Service Level Agreements (“SLAs”) set forth in the
Contract.
b. The Contractor must implement all testing, measurement and monitoring tools
and procedures required to measure and report the Contractor’s performance of
the system/solution against the applicable SLAs. The Contractor will provide the
House with information and access to all information or work product produced
by such tools and procedures upon the House’s reasonable request for purposes of
verification. The House may conduct tests for measuring and certifying the
achievement of the SLAs.
c. If the system/solution fails to meet SLAs, the Contractor shall modify,
reconfigure, upgrade or replace the system/solution, equipment, network and/or
software, at no cost to the House, in order to ensure that the system/solution and
hosting services if any, comply with such SLAs.
I.12. MEDIA SANITIZATION FAX AND COPY MACHINES
FEBRUARY 2015
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d. Definitions. The definitions of “destroying” and “purging” as used herein shall
adhere to the descriptions listed in the most recent version of the National
Institute of Standards and Technology’s Guidelines for Media Sanitization.
“Purging” shall include degaussing, when applicable.
e. Temporary Removal of Equipment/Media. For any equipment that is removed
temporarily from the House for any purpose (including deinstall/reinstall, repair
or parts replacement, troubleshooting or staging), the Contractor shall secure
equipment data at all times for any equipment containing hard drives (internal or
external), server hard drives, USB sticks (flash drives with and without hard
drives), memory sticks, CD and DVD data discs, and any other media containing
data. The Contractor agrees to secure equipment data at all times, for purposes of
temporary removal from the House, by ensuring that: (i) all documents and media,
including removable magnetic media, relating to the equipment remain in the
Contractor’s possession and control at all times; (ii) any distribution of such
equipment and media by the Contractor to third parties for maintenance is limited
to vendors (A) authorized by the Contractor in a contractual arrangement that
provides for the confidentiality of any Confidential Information, and (B) with a
clearly defined need to access the information; and (iii) printed documents and
media are not to be visible by anyone who is not authorized to view the data.
f. Permanent Removal or Disposal of Equipment/Media. For any equipment that is
permanently removed and/or disposed from the House or a District Office for any
purpose, the Contractor shall secure equipment data at all times for any equipment
containing hard drives (internal or external), server hard drives, USB sticks (flash
drives with and without hard drives), memory sticks, CD and DVD data discs, and
any other media containing data. The Contractor agrees to secure equipment data
at all times, for purposes of permanent removal and/or disposal from the House,
by ensuring that: (i) all documents and media, including removable magnetic
media, relating to the equipment remains in the Contractor’s possession and
control at all times; (ii) any distribution of such equipment and media by the
Contractor to third parties for maintenance is limited to vendors (A) authorized by
the Contractor in a contractual arrangement that provides for the confidentiality of
any Confidential Information, and (B) with a clearly defined need to access the
information; (iii) printed documents and media are not to be visible by anyone
who is not authorized to view the data; (iv) for internal and external hard drives,
server hard drives and USB sticks (flash drives with hard drives), all electronic
data is purged/degaussed; and (v) for USB sticks (flash drives without hard
drives), memory sticks, and CD and DVD data discs, all such items are physically
destroyed.
I.13. REMOVED
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I.14. QUALITY ASSURANCE SURVEILLANCE PLAN
APRIL 2013
a. General. The House will prepare a Quality Assurance Surveillance Plan (“QASP”) for
this Contract. The QASP defines the continuing relationship between the Contractor and
the House during the life of this Contract, addresses the preparation and submission of
reports, and provides that ground rules for meetings between the parties. The QASP also
memorializes the framework the House will use to monitor the Contractor’s performance
and administering this Contract. The Contractor’s performance will be gauged against
effectively meeting the requirements of the Statement of Work, monitoring customer
satisfaction (e.g., vendor performance evaluations) and the performance measures
contained in the QASP, if applicable.
b. Responsibilities. It shall be the responsibility of the Contracting Officer’s authorized
representative to periodically review this QASP for purposes of updating and/or
recommending any necessary revisions. If a change to the QASP is required, the
Contracting Officer will execute the appropriate bilateral or unilateral modification.
I.15. VENDOR PERFORMANCE EVALUATION
APRIL 2013
On a periodic basis, the Contractor’s performance will be assessed using a Vendor Performance
Evaluation (“VPE”). A VPE shall be prepared by the COR on an annual basis, prior to the
exercise of any contract option period and upon contract completion. A VPE may be prepared
more frequently at the discretion of the House. The Contractor will be provided an opportunity
to respond to negative evaluations and provide a corrective action plan.
I.16. CONSTITUTIONAL PROTECTION AGAINST
COMPELLED DISCLOSURE
NOVEMBER 2018
The Contractor understands that House Information obtained from the Client, the CAO, or the
House may include information, documents, legislation, and correspondence protected absolutely
from compelled disclosure by the U.S. Constitution’s Speech or Debate Clause, U.S. Const. Art.
I, §6, cl. 1. In the event that Contractor receives any request of any third party, private party,
governmental agency, or regulatory body (including but not limited to subpoenas, warrants, or
court orders) (“Request”) for disclosure of House Information, Contractor must notify the Client,
CAO, and the U.S. House of Representatives Office of General Counsel by phone (202-225-
9700) and email (ogc@mail.house.gov) within three (3) Business Days upon receipt of the
Request (providing such notice is not prohibited by applicable law), and in all circumstances the
requisite notice must be provided prior to the disclosure of House Information. Regardless of
whether the issuer of the Request contends that such notification is prohibited by law, Contractor
must also immediately notify the issuer of the Request that the requested House Information may
be absolutely protected from compelled disclosure by the U.S. Constitution’s Speech or Debate
Clause, U.S. Const. Art. I, §6, cl. 1, and that the issuer must immediately contact the U.S. House
of Representatives, Office of General Counsel (202-225-9700/ogc@mail.house.gov).
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Release of House Information limited to the terms of this Contract and any payments made
pursuant to this Contract shall not be subject to the provisions of this Section I.16.
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SECTION J - ATTACHMENTS
Attachment 1
Question format
Attachment 2
Pricing Spreadsheet
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SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF
OFFERORS
K.1. FINANCIAL INFORMATION
APRIL 2013
When requested by the Contracting Officer, the Offeror shall furnish company financial data for
the three (3) years preceding the submission of the Offer. To comply with this requirement, the
Offeror shall furnish copies of financial statements or annual reports. When so requested by the
Contracting Officer, publicly-held companies must also provide copies of filed Securities and
Exchange Commission 10-K Reports and Proxy Statements.
K.2. INSURANCE INFORMATION
APRIL 2013
The Offeror agrees that upon award of a contract it shall maintain general liability, workers’
compensation and any other insurance requirements set for in the clause titled “Insurance,”
unless otherwise waived in writing by the Contracting Officer.
K.3. COMPANY BACKGROUND AND IDENTIFYING
INFORMATION
APRIL 2013
The Offeror shall provide or submit the following information with its offer:
a. legal name of the Offeror: ________________;
b. Tax Identification Number (TIN): ______________;
c. type of organization: [ ] Sole proprietorship; [ ] Partnership; [ ] C Corporation [ ]
S Corporation [ ] Limited Liability Company [ ] Not-for-Profit _________
[please insert relevant Section of Internal Revenue Code [e.g., 501(c)(3)]]; [ ]
Government entity (Federal, state, local); [ ] Foreign government; [ ] Other (if
“other,” please provide additional information);
d. Dun and Bradstreet Data Universal Numbering System (DUNS) Number:
______________;
e. Address. The Contractor shall identify the address to which payments shall be
made, if different from that of place of business. Payments are to be mailed to:
__________________________________________________________
__________________________________________________________
__________________________________________________________
K.4. QUALITY ASSURANCE INFORMATION
APRIL 2013
The Offeror certifies that, unless the solicitation specifies in-process inspection, upon award of a
contract, any product or service tendered for acceptance will be in compliance with the Offeror’s
existing quality assurance system.
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K.5. RESPONSIBILITY CERTIFICATION
APRIL 2013
a. The Offeror certifies that it is an ongoing business concern regularly engaged in the
type of business covered by the specifications set forth in this solicitation. To the
best of its knowledge and belief, the Offeror and/or any of its principals certify they:
i. [ ] are, [ ] are not presently debarred, suspended, proposed for debarment or
suspension, or declared ineligible for the award of a Federal government contract;
ii. [ ] have, [ ] have not, within a three (3) year period preceding this offer, been
convicted of or had a civil judgment rendered against them for: (1) the commission
of fraud or a criminal offense in connection with obtaining, attempting to obtain or
performing a Federal, state or local government contract or subcontract; (2) the
violation of Federal or state antitrust statutes relating to the submission of offers; or
(3) the commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, tax evasion, violating Federal
criminal tax laws or receiving stolen property;
iii. [ ] are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by
a governmental entity with, commission of any of the offenses enumerated in
paragraph (a)(ii) of this provision;
iv. [ ] have, [ ] have not, within a three (3) year period preceding this offer, been
notified of any delinquent Federal taxes in an amount that exceeds three thousand
dollars ($3,000) for which the liability remains unsatisfied; and
v. have [ ], have not [ ], within a three (3) year period preceding this offer, had one or
more contracts terminated for default by any Federal agency.
b. For purposes of this certification, the term “principal” means an officer, director,
owner, partner or a person having primary management or supervisory
responsibilities within the applicable business unit(s) (e.g., general manager, plant
manager, head of a division or business segment, and similar positions) of the
Offeror.
c. The Offeror shall provide immediate written notice to the Contracting Officer if, at
any time prior to contract award, the Offeror learns that its certification under this
clause was erroneous when submitted or has become erroneous by reason of changed
circumstances.
d. A certification that any of the items in paragraph (a) of this clause exists will not
necessarily result in withholding of an award under this solicitation. However, the
certification will be considered in connection with a determination of the Offeror’s
responsibility. Failure of the Offeror to furnish a certification or provide any relevant
explanations in additional sheets attached to this Section K, or furnish additional
information as requested by the Contracting Officer, may render the Offeror non-
responsive.
e. The certification in paragraph (a) of this clause is a material representation of fact
upon which the House placed reliance when making the award. If it is later
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determined that the Offeror rendered an erroneous certification, in addition to other
remedies available to the House, the Contracting Officer may terminate for default
the contract resulting from this solicitation. The Offeror shall, if requested by the
Contracting Officer, furnish promptly any information which the Contracting Officer
may consider necessary to establish its responsibility.
K.6. CERTIFICATION OF INDEPENDENT PRICE
DETERMINATION
APRIL 2013
The Offeror certifies the following:
a. the prices in this offer have been arrived at independently without communication, or
agreement with any other Offeror or competitor relating to those prices, the intention
to submit an offer, or the methods or factors used to calculate the prices offered;
b. the prices in this Offer have not been and will not be knowingly disclosed by the
Offeror, directly or indirectly, to any other Offeror or competitor before contract
award unless otherwise required by law; and
c. no attempt has been made or will be made by the Offeror to induce any other entity to
submit or not to submit an Offer for the purpose of restricting competition.
K.7. AUTHORIZED COMPANY OFFICIALS
APRIL 2013
The
Offeror represents that the following individual(s) are authorized to negotiate on its behalf in
connection with this Solicitation/Contract:
Name(s) and Title(s):
Telephone Number(s):
E-mail Addresses(s):
K.8. ORGANIZATIONAL CONFLICTS OF INTEREST
APRIL 2013
The Offeror warrants and represents that it does not have organizational conflicts of
interest that would diminish its capacity to provide impartial, technically sound, objective
assistance, or would result in a biased work product, or might result in an unfair
competitive advantage.
K.9. REMOVED
K.10. GENERAL SERVICES ADMINISTRATION SCHEDULE
CONTRACT OR GOVERNMENT-WIDE ACQUISITION
CONTRACT CERTIFICATION
APRIL 2013
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If this so
licitation specifies that the product(s) and/or service(s) to be acquired are to be listed on
either a U.S. General Services Administration (“GSA”) Multiple Award Schedule (“MAS”)
Contract or another type Government Wide Acquisition Contract (“GWAC”), or if the
solicitation does not require it but the offer is based in whole or in part on products or services
included in an GSA contract or GWAC contract, the Offeror is to identify below the GSA
Contract or GWAC contract under which such product(s) and/or service(s) are to be offered.
Such Offeror also certifies that the GSA Contract or GWAC contract so identified is currently in
force, and the offered product(s) and/or service(s) are authorized for sale thereunder.
GSA MAS Contract or GWAC Contract Number:
C
O Email:
Contract Period of Performance:
Contracting Officer Name:
Name of GSA MAS Contract or GWAC Contract Holder*
:
*If the GSA Contract or GWAC Contract Holder is a joint venture or the product of some other
team arrangement, use the space below to provide information describing the nature of the joint
venture/team arrangement. The House reserves the right to request additional information
regarding the joint venture/team arrangement, if any.
K.11. SYSTEM FOR AWARD MANAGEMENT
FEBRUARY 2016
The Contractor represents and warrants that it is not currently suspended, debarred or proposed
for debarment by any Federal, state or local governmental entity, or otherwise listed as an
excluded party in SAM (www.sam.gov/portal/public/SAM/). Check whichever applies:
Currently registered in SAM.
Not currently registered in SAM but in the process of completing registration.
K.12. CERTIFICATION OF TRAINING
APRIL 2018
Contractor certifies that it has in place a written workplace rights and responsibilities policy and
training covering harassment and discrimination prevention. Further, the contractor certifies that
any contractor staff providing services to the House have completed the training prior to working
under this contract. Prior to the exercise of an option, the contractor shall certify that all
contractors working under this contract have completed the annual training related to that policy.
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K.13. SIGNATURE
APRIL 2013
On behalf of the Offeror, I certify that these representations, certifications and other
statements provided are current and accurate, to the best of my knowledge and belief AND I
am authorized to sign on behalf of the offeror.
DATE
NAME OF AUTHORIZED REPRESENTATIVE
SI
GNATURE OF AUTHORIZED REPRESENTATIVE
TI
TLE OF AUTHORIZED REPRESENTATIVE
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SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS
L.1. CONTENT OF PROPOSALS
APRIL 2013
E
ach proposal shall be sufficiently complete and organized to ensure that evaluation can be made on the
basis of its content. It is important that the proposal be organized as specified since the rating sheets used
during the evaluation will parallel the order of requirements specified in the solicitation. Offerors are
reminded to avoid excessively lengthy or overly extravagant proposals. Proposals that do not address all
of the elements and requirements, may be disqualified from further consideration. The electronic
submission should be divided and organized as follows:
E
ach proposal shall be divided into two (2) separate files and be sufficiently complete and organized to
ensure that evaluation can be made on the basis of its content.
File I - Administrative and Price Proposal. Part I shall be divided into the
following distinct and marked parts:
L.1.1.1. Solicitation and Offer Form (Cover Sheet of this solicitation). The Offeror
shall insert the Solicitation and Offer form, and page one of this Solicitation,
with all required/applicable blocks completed.
L.1.1.2. Section B - Price Schedules. Offeror shall complete Section B and provide a
proposed price which will address all requirements.
L.1.1.2.1. Offeror shall complete the Pricing Schedule with proposed hourly rates for
each Labor Category and experience level for which it is submitting a
proposal, for the Base Year and each Option Year. Proposed rates shall be
fully burdened. Offeror shall prepare and submit the attached Pricing
Schedule as an Excel spreadsheet and also in searchable PDF format.
The Excel spreadsheet shall be submitted as a stand-alone document,
and the PDF copy shall be incorporated into the rest of the Offeror's
Technical Proposal.
NOTE: Offeror’s are not required to submit pricing for all labor categories to
be eligible for an award, however if no pricing is submitted for a labor
category and an award is issued to the offeror, that offeror may not submit a
response to RFTOPs that request that particular labor category.
L.1.1.2.2. If prices are based, in whole or in part, on a Federal Supply Schedule
contract, Government-Wide Acquisition Contract or other contract or
price agreement with a Federal, state or local government agency,
Offeror shall:
i. Identify the contract number, contracting agency and period of
performance of said contract;
ii. Attach a copy of the contract (does not count toward any page
limit), or, preferably, identify the specific location where such
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contract can be found online;
iii. State with specificity, for each labor category and experience level
proposed, the closest equivalent labor category from that contract
on which the Offeror is basing its proposed price(s) for this
solicitation; and
iv. State with specificity the page number and/or section number of
the contract where such labor category and rate can be found.
L.1.1.2.3. Section K - Representations, Certifications, and Statements of Offerors.
Offeror shall complete the required sections of Section K.
File II - Technical Proposal. Part II shall be divided into the following distinct
and marked parts:
L.1.2.1. Technical Approach. The Offeror should provide a technical response
including task detail as required by the Statement of Work. The technical
approach response must comply with and follow the sequencing of
requirements as listed in Section C – Statement of Work. The specific factors
are listed below:
L.1.2.1.1. Factor 1 - Experience
The Offeror can successfully demonstrate that it has provided the same or
similar services for the specific Labor Categories proposed.
In response to this evaluation subfactor, the Offeror should provide detailed
information that describes the “who, what, when and where
regarding the
Offeror’s experience in providing the services being solicited. The Offeror
may address technical obstacles overcome, successful outcomes, new and
innovative solutions provided, as applicable.
L.1.2.1.2. Factor 2 – Technical/Management Approach
i. Recruitment and Retention
The Offeror can successfully demonstrate that it has the ability to attract
highly qualified and capable resources to perform the services proposed, and
to retain those resources over time to minimize the need for turnover
replacement of resources.
In response to this evaluation subfactor, the Offeror should provide detailed
information on recruitment strategies (e.g., job pool resources, professional
associations and networks, affiliations and relationships, including relevant
subcontractor relationships, practices involving verification of the experience,
credentials and knowledge of resources, background checks and screenings, as
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applicable) and retention strategies (e.g., wage and benefits approaches,
advancement opportunities.)
ii. Replacement Capability
The Offeror can successfully demonstrate that it has the ability to provide
multiple alternative resources for a given assignment, such that if a
replacement is needed, a replacement of demonstrated similar quality,
experience and knowledge can be provided with a minimum of delay.
In response to this evaluation subfactor, the Offeror should provide detailed
information on the depth and breadth of its resource pool and approaches toward
the commitment and assignment of replacement resources.
iii. Suitability of Placement to Task
The Offeror can successfully demonstrate that it has the ability to provide
resources that are best suited to the specific tasks for which the House has
solicited, taking into account skill set, experience, knowledge and availability.
Where knowledge and experience in a given Labor Category description is
indicated as a plus, but not required, Offerors shall be more favorably
evaluated on their ability to provide resources that can offer these plus
factors.
1. In response to this evaluation subfactor, the Offeror shall provide
three total representative resumes for Labor Categories C.3.1-C.3.13,
to demonstrate the Offerors ability to provide appropriate resources.
In submitting representative resumes, if the Offeror is proposing more
than one experience level for any given Labor Category, the Offeror
shall submit a representative resume for the highest experience level
for that Labor Category. Offeror shall clearly indicate to which
experience level the representative resume applies.
2. The Offeror shall provide these representative resumes solely for the
purposes of evaluating that Offeror’s ability to understand and meet
that Labor Category’s requirements. Although the House does not
expect that these specific candidates shall be available to be proposed
to the House in any task order that may be issued after award, the
Offeror shall include a signed statement (electronic signature or e-
mailed acknowledgment acceptable) from that resource, stating that he
or she is affiliated, or plans to be affiliated, with the Offeror for
purposes of these requirements. This is to ensure that the House does
not favorably evaluating an Offeror on this factor based on the
credentials of a resource that has no connection with the Offeror, nor
any indication that they are aware of Offeror’s capability to place that
resource, or a resource with like credentials, with the House.
3. Failure to include such a statement for each representative resume
submitted may render the Offeror’s proposal non- responsive to the
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requirements of the solicitation, and such proposals may not receive
further consideration. The Offeror shall include a list of the names
and associated Labor Categories for each representative resume
submitted.
L.1.2.1.3. Corporate Capabilities/Staffing. The Offeror shall provide
organization charts showing the chain of command of supervision and
management staff proposed for the contract.
T
he Offeror shall include proposed staffing that addresses the management and timing of
staffing decisions for assigning people to the project and removing them from the project.
The staffing approach must be definitive enough to provide the House with a clear
understanding of how the Offeror intends to staff this contract (with key and non-key
technical personnel) to successfully meet all the requirements of the Statement of Work.
P
rovide pertinent experience and qualifications in conducting similar services as stated in the
solicitation, and specifically, corporate stability and sound organizational qualities.
Demonstrate financial capability sufficient to provide resources to finance day-to-day
operations.
L.1.2.1.4. Past Performance. The Offeror shall provide references for three (3)
current or recent (within three (3) years) customers and three past
customers, preferably in another government agency. List the agency
name and address, name and title of the client contact, telephone
number, description of contract deliverables, performance periods
and type of contractual arrangements (e.g., percentage of sales, fixed
price, time and materials, etc.).
i. Offerors shall submit a Past Performance Project List identifying all
projects of similar size and scope for Web Systems (e.g. Drupal, .NET)
support that the Offeror has provided within the last three years,
whether as a prime contractor or a subcontractor. The Project List
shall include the name of the entity for which services were
provided the contract and/or task order number; a brief
description of the services provided, and the current telephone
and e-mail address of the person with principal responsibility for
monitoring the services provided (e.g., for a federal government
agency, the Contracting Officer’s Technical Representative (COTR)
or Contracting Officer’s Representative (COR)). Offeror shall
prepare and submit the Past Performance Project List as an
Excel spreadsheet, and also in searchable PDF format. The
Excel spreadsheet shall be submitted as a stand-alone
document, and the PDF copy shall be incorporated into the
rest of the Offeror's Technical Proposal.
ii. If the services were provided as a subcontractor, Offeror shall
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submit the contact information for the prime contractors as well as
the contracting entity.
iii. The Offeror shall also state whether any Notices to Cure, Notices to
Show Cause Why the Contract Should Not Be Terminated for
Default, Notices of Default; Corrective Action Plans, or any similar
notifications, corrective actions or other administrative actions
pertaining to Offeror’s performance (by whatever name known)
were issued, and if so, include a brief description of the
circumstances and resolution.
L.2. SUBMISSION OF PROPOSALS
APRIL 2013
Offerors shall submit all proposal documents in electronic format using MS
Word, Excel, or a searchable PDF by e-mail to the address specified in block 5 of
the Solicitation and Offer Form, page one of the solicitation. The subject of the e-
mail should include the name of the Offeror and the solicitation number. The e-
mail shall not exceed 10MB in size. In the event that the proposal exceeds 10
MB, the Offeror may submit more than one e-mail, provided that all e-mails
associated with an Offeror’s proposal are received no later than the time and date
specified. The proposal shall satisfy the terms of the solicitation and be prepared
in such format and detail as to enable the House to make a thorough evaluation
thereof, and to arrive at a sound determination as to whether or not the Offeror
can meet the House’s requirements. It is the Offeror’s responsibility to read,
understand and comply with all solicitation instructions.
Proposals must be received by the addressee by the time and date specified in
Block 6 of the Solicitation and Offer form, page one of the solicitation.
L.3. LATE SUBMISSIONS AND REVISION OF PROPOSALS
APRIL 2013
Any submission or revision to a submission received by the CO after the time for receipt specified may be
rejected and may not be considered unless the cause for non-receipt of was due solely to the actions of the
House.
T
he Offeror is solely responsible for the timely delivery of proposals submitted via e-mail. The House is
not responsible for misaddressed, misrouted, or rejected e-mail messages.
S
ubmissions may be withdrawn by e-mail or other written notice received at any time before award.
L.4.
ACKNOWLEDGEMENT OF AMENDMENTS TO
SOLICITATIONS
APRIL 2013
Of
ferors shall acknowledge receipt of any amendments to this Solicitation requiring bi-lateral signatures:
by signing and returning the amendment;
by identifying the amendment number and date in the space provided for this
purpose on the form for submitting an offer; or
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by letter if authorized, the Contracting Officer must receive the acknowledgment
by the time specified for receipt of offers.
L.5. INFORMATION DISTRIBUTION AND CONTACTS
FEBRUARY 2016
It is the intention of the House to provide equal treatment of all Offerors involved in the proposal and award
process. To achieve this goal the House intends to provide all information relevant to the process to all
participating Offerors. Such information will include the distribution of all questions and answers to all
participants. All questions from Offerors shall be submitted in writing by the date and time specified for
such purposes.
Questions regarding this solicitation must be submitted via e-mail by the following due date and
time: December 10, 2019 at 2 PM Eastern Time.
The primary contact for all communications and questions is:
Matthew Horn
Senior Contract Specialist
E-m
ail: matthew.horn@mail.house.go
v
Phone: 202-226-0366
L.6. RESTRICTION ON DISCLOSURE AND USE OF DATA
APRIL 2013
O
fferors, who include in their proposal data that they do not want disclosed to the public for any purpose
or used by the House except for evaluation purposes, shall: (a) mark the title page with the following legend:
“This proposal includes data that shall not be disclosed outside the House and shall not be duplicated, used,
or disclosed--in whole or in part for any purpose other than to evaluate this proposal. If, however, a
contract is awarded as a result of or in connection with the submission of this data, the House shall have
the right to duplicate, use, or disclose the data, including cost and pricing data, to the extent provided in the
resulting contract. This restriction does not limit the House’s right to use information contained in this data
if it is obtained from another source without restriction. The data subject to this restriction are contained
in sheets numbered [insert number(s)];” and mark each sheet of data to be restricted with the following
legend:
“Use
or disclosure of data contained on this sheet is subject to the restriction on the title page of this
proposal.”
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SECTION M - EVALUATION FACTORS FOR AWARD
M.1. EVALUATION FACTORS FOR AWARD
APRIL 2013
Proposals will be evaluated using the ratings identified in M.2 based on the
following evaluation factors:
M.1.1.1. Factor 1 - Experience;
M.1.1.1.1. To be found acceptable in this factor, offerors must fully address
L.1.2.1.1. in their technical proposal.
M.1.1.2. Factor 2 – Technical/Management approach;
M.1.1.2.1. To be found acceptable in this factor, offerors must fully address
L.1.2.1.2.i, L.1.2.1.2.ii, and L.1.2.1.2.iii in their technical proposal.
M.1.1.2.2. Under L.1.2.1.2.iii offerors shall provide three separate resumes under
one of the labor categories identified in L.1.2.1.2.iii.1. The House does
not require three resumes for each labor category, only a total of
three.
M.1.1.3. Factor 3 - Corporate capabilities/Staffing;
M.1.1.3.1. To be found acceptable in this factor, offerors must fully address
L.1.2.1.3 in their technical proposal.
M.1.1.4. Factor 4 - Past performance; and
M.1.1.4.1. Offerors must fully address L.1.2.1.4 in their technical proposal.
Failure to submit past performance information may remove the
offeror from competition, however the House reserves the right to
utilize any and all available sources for past performance information.
M.1.1.5. Factor 5 - Price.
M.1.1.5.1. Offerors must fully address L.1.1.2 in their technical proposal.
Risk Assessment. Price proposals will be evaluated to identify and assess
potential risks, which may be inherent in the Offeror’s approach.
Price Realism. Proposed pricing will be evaluated not only to determine if the
price is reasonable and affordable but may also be evaluated to determine if the
pricing is realistic and reflects an understanding of the requirements. The proposal
is presumed to represent the Offeror’s best efforts to respond to the solicitation.
Any inconsistency, whether real or apparent between promised performance and
price, must be explained in the proposal. For example, if unique and new
approaches are the basis for an abnormally low estimate, the nature of these
approaches and their impact on price must be explained. Any significant
inconsistency, if unexplained, raises a fundamental issue of the Offeror’s
understanding of the nature and scope of the work required. It also may reflect on
the Offeror’s ability to perform the contract within the financial restraints and
may be cause for rejection of the proposal. The burden of proof as to price
credibility rests with the Offeror.
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M.2. BASIS FOR AWARD
APRIL 2013
Best Value. Award is based on the proposal which is determined to be most advantageous to
the House. Non-price factors, when combined, may be more important than price.
Low Price, Technically Acceptable. Award will be made to the lowest priced proposal of those
proposals determined to be technically acceptable.
Under Factors 1, 2, and 3, the Offeror’s proposal responses to each evaluation
factor or subfactor shall be assigned one of the following ratings:
M.2.1.1. Unacceptable - Fails to meet requirements; major deficiencies that are
uncorrectable or are correctable only through a complete proposal revision;
M.2.1.2. Marginal - Marginally meets requirements; major deficiencies that may be
correctable, but lacks essential information to demonstrate acceptability or
merely restates the requirements as defined without sufficient background
information;
M.2.1.3. Acceptable - Meets requirements and may exceed requirements in some
instances; minor deficiencies that are correctable; or
M.2.1.4. Exceptional - Meets all requirements with no deficiencies and exceeds
requirements in significant ways beneficial to the House.
Factor 4, Past Performance, shall be assigned one of the following ratings:
M.2.2.1. High Confidence – Based on the offeror's performance record, the government
has high confidence the offeror will successfully perform the required effort.
M.2.2.2. Satisfactory Confidence – Based on the offeror's performance record, the
government has confidence the offeror will successfully perform the required
effort. Normal contractor emphasis should preclude any problems.
M.2.2.3. Low Confidence – Based on the offeror's performance record, substantial
doubt exists that the offeror will successfully perform the required effort.
M.2.2.4. Neutral (Unknown Confidence) No relevant past performance information
could be identified.
Factor 5, Price shall be evaluated as described in M.1.3 and assigned one of the
following ratings:
M.2.3.1. Realistic – The pricing structure provided is reasonable and realistic. No labor
category pricing is significantly unbalanced and option period pricing has a
reasonable escalation factor, if any.
M.2.3.2. Not realistic – The pricing structure provided may contain one or more labor
categories that is outside of a reasonable range. Option period pricing may
reflect escalation rates that are not reasonable.
NOTE: Pricing that is found “Not realistic” may be negotiated if Factors 1-3
are at least acceptable and Factor 4 reflects at least satisfactory confidence.
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The ratings shall guide the House in making an intelligent award decision based
upon the evaluation criteria. Merely meeting the minimum technical requirements
shall not necessarily result in an award; the House intends to award contracts only
to those Offerors who demonstrate that, when compared with other Offerors, their
Offers are most advantageous to the House based on the evaluation factors
specified herein. A rating of Unacceptable for any evaluation factor shall
render that Offeror ineligible for an award, and the House need not further
evaluate any other factors.
The House shall evaluate an Offeror’s proposal as a single unit, regardless of the
presence or absence of one or more proposed subcontractors, team members et al.
Prospective Offerors are encouraged to pursue whatever teaming arrangements,
subcontracting arrangements or other business combinations as enable them to
offer proposals that can meet the ongoing requirements of the House and are most
advantageous to the House based on the evaluation criteria specified herein.
Award of a contract will constitute approval of the Offeror’s proposal,
including any subcontractors, team members, et al.
M.3.
CONTRACT AWARD
APRIL 2013
The House intends to award one or more contracts resulting from this solicitation
to the responsible Offeror(s) whose offer conforms to this solicitation, taking into
account the factors contained in M.1 “Evaluation Factors for Award.”
The House may:
M.3.2.1. reject any or all offers, if such action is in its interest;
M.3.2.2. waive informalities and minor irregularities in offers received.
The House intends to evaluate proposals and to award without discussions.
Therefore, each initial offer should contain the Offeror’s best terms. However,
the Contracting Officer reserves the right to conduct discussions if they are later
determined to be necessary.
The House will evaluate proposals (or quotations) and determine which are the most highly
rated and eligible for inclusion in a competitive range relying on the merits of each offer.
The House may further reduce the range for purposes of efficiency.