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Solicitation

OAM20061S

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Document Title:

Wide Area Network (WAN)

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TABLE OF CONTENTS

SECTION B – Supplies or Services and Pricing

B.1 Pricing Schedule

SECTION C – Description of Supplies and Services

C.1

Description /Specifications/Scope of Services

SECTION D – Packaging and Marking

D.1

Payment of Postage and Fees

D.2

Packaging and Marking

SECTION E – Inspection and Acceptance

E.1

Inspection

E.2

Acceptance

E.3

Title / Transfer/ Risk of Loss

SECTION F – Deliveries or Performance

F.1

Period of Performance

F.2

Option to Extend the Term of the Contract

F.3

Place of Performance

F.4

Notice to the House of Delays

F.5

Suspension and Debarment

F.6

Payment for Non-Performance

SECTION G – Contract Administration

G.1

Authorized House Representatives

G.2

Authorized Contractor Representative

G.3

Delegation of Authority

G.4

Post Award Conference

G.5

Invoices

G.6

Remittance Address

G.7

Reports / Plans / Schedules

G.8

Contract Status and Review Meetings

G.9

Resolving Contract Performance Issues

G.10

Disputes

G.11

Modifications

G.12

Termination

G.13

Release of Claims

SECTION H – Standard Contract Clauses

H.1

Contract Type

H.2

Availability of Funds

H.3

System for Award Management

H.4

Insurance

H.5

Federal Tort Claims Act

H.6

Excusable Delays

H.7

Warranty

H.8

Substitutions

H.9

Buy American

H.10

Most Favored Customer Pricing

H.11

House Rules and Regulations

H.12

Compliance with Laws

H.13

House Information

H.14

Information Security

H.15

Non-Disclosure Agreement

H.16

Protection of Contractor Proprietary Data

H.17

Examination and Audit

H.18

Limitation of Liability and Indemnification

H.19

Non-Exclusivity of Rights and Remedies

H.20

Flowdown and Subcontractors

H.21

E-Verify

H.22

Background Checks

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H.23

Identification Badges

H.24

Key Personnel

H.25

Authorized Use by Other Legislative Entities

H.26

Covenant Against Gratuities

H.27

Conflicts of Interest

H.28

Advertising / Promotional Materials

H.29

Incidental Services, Travel and Other Expenses

H.30

Severability

H.31

Assignment

H.32

Order of Precedence

H.33

Safety Awareness

H.34

Waiver of Rights

H.35

H.36

Privacy and Confidentiality

Workforce Rights & Responsibilities Policies and Training

SECTION I – Special Contract Clauses

I.1

I.2 thru I.13 not applicable

Rights in New Work Product

I.14

Quality Assurance Surveillance Plan

I.15

Vendor Performance Evaluation

I.16

Constitutional Protection Against Compelled Disclosure

SECTION J – List of Documents, Exhibits, and Other Attachments

J.1 Attachments

SECTION K – Representations, Certifications and Other Statements of Offerors

K.1

Financial Information

K.2

Insurance Information

K.3

Company Background and Identifying Information

K.4

Quality Assurance Information

K.5

Responsibility Certification

K.6

Certification of Independent Price Determination

K.7

Authorized Company Officials

K.8

Organizational Conflicts of Interests

K.9

Buy American Act Certification

K.10

General Services Administration Schedule Contract or Government-Wide Acquisition Contract Certification

K.11

K.12

System for Award Management

Certification of Training

K.13

Signature

SECTION L – Instructions, Conditions and Notices to Offerors

L.1

Content of Proposals

L.2

Submission of Proposals

L.3

Late Submissions and Revision of Proposals

L.4

Acknowledgement of Amendments to Solicitation

L.5

Information Distribution and Contacts

L.6

Restriction on Disclosure and Use of Data

SECTION M – Evaluation Factors for Award

M.1

Evaluation Factors for Award

M.2

Basis for Award

M.3

Contract Award

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SECTION B – PRICING SCHEDULE

B.1 PRICING INSTRUCTIONS AND FORMAT

Section B.4 The attached pricing sheet shall be used for pricing of services and equipment

proposed by the Offeror. The following pricing requirements will be in effect for this RFP:

Pricing will be based on a 'geographic scope' to include CONUS and OCONUS locations.

Offerors may submit proposals for:

All 48 contiguous states to include the District of Columbia.

A geographic region within the 48 contiguous states (service area(s)).

Vendor may determine if locations such as Puerto Rico, U.S. Virgin Islands, Hawaii or Alaska are

CONUS or OCONUS for pricing purposes.

OCONUS pricing for American Samoa, Guam and the Northern Marianas.

Pricing for CONUS and OCONUS may be provided as independent initiatives. Celestial (satellite, e.g.)

solutions are not acceptable.

Offerors can bid on CONUS/OCONUS solution, CONUS only solution or OCONUS only solution.

The offeror will provide prices in the tables in Section B.4.

Any fixed price, exclusive of rental equipment, provided by the Offeror should aggregate all

charges for service. Any rental equipment charges should be entered separately in the appropriate

column provided in each Section. Offerors shall

state all assumptions used to determine fixed

prices. Please note that the House does not pay early termination fees.

1. The Offeror shall explicitly detail any equipment specified in a separate pricing section required to

connect to the Offerer's network. The format can be at the discretion of the Offerer, but must directly

follow the section and include

manufacturer's name, manufacturer's product name, and manufacturer's

part number. The Offerer is advised that it is the

intent of the House to rent rather than purchase any

equipment necessary to connect to the Offerer's network. Services to install and maintain all equipment

shall be provided by the Offeror.

j. The Offerer must be able to provide a copy, upon request, of any tariff referenced in their response.

• FOR OUTSIDE CONTINENTIAL UNITED STATES (OCONUS) PRICING IT IS DESIRED THAT THE

SAME LEVEL OF SERVICE BE ACHIEVED.

OCONUS: ALASKA, HAWAII, PUERTO RICO, GUAM, AMERICAN SAMOA, U.S. VIRGIN ISLANDS AND

NORTHERN MARIANA ISLANDS.

ECONOMIC PRICE ADJUSTMENT

(a) The Contractor shall submit to the Contracting Officer in writing, 90 days prior to the commencement of an option

period a request for consideration of a proposed Fixed rate(s) increase to those scheduled for that option period. The

notice shall include the Contractor's proposal for an adjustment in the contract Fixed rate(s) to be negotiated and be

accompanied by supporting data explaining the cause.

(b) The Contracting Officer may examine and or request Contractor records.

PLEASE REFER TO SECTION L FOR FURTHER DETAILS

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SECTION C – DESCRIPTION/SPECIFICATIONS/SCOPE OF SERVICES

C.1 Background

The

United States House of Representatives (House), Office of the Chief Administrative Officer (CAO), is issuing this Request for

Proposal (RFP or solicitation) in accordance with Section III (E) of the Guidelines for Procurement of Goods and Services for the U.S.

House of Representatives (Procurement Guidelines). The Procurement Guidelines are available on the House website, www.house.gov,

Doing Business with the House, under Additional Resources.

The terms and conditions contained in this RFP and the proposal submitted by the successful Offeror(s) shall be

incorporated by reference into any contractually binding arrangement issued

the House in connection with an award.

The CAO Office of House Information Resources (HIR), Network Engineering and Operations (NEO) determines and

coordinates the House's communications infrastructure and device configuration. NEO is also responsible for all updates,

replacement, and maintenance of various communication services and communications related to hardware platforms.

The purpose of this solicitation and any contract resulting therefrom is to enter into a contractual relationship with one or

more contractors, who can provide, as needed, an indefinite quantity of the recurring Internet Transport Services as defined

in this Statement of Work (SOW), as well as additional tasks based on evolving requirements.

The House is soliciting proposals from Offerors for the purchase of an I

nternet Transport Solution.

House has standardized its infrastructure on Cisco devices and maintains compliance and interoperability with recognized

industry standards. The House currently supports Enhanced Interior Gateway Routing Protocol (EIGRP) and Border

Gateway Protocol (BGP) in the WAN. While almost all of the traffic is IPv4, the House officially supports both IPv4 and

IPv6 as the routed protocols.

C.2 Objective

The House currently provides one Internet connection for each of the District Offices (DOs). The purpose of this effort is to

solicit services that move the House towards higher bandwidth and other technologies that will provide a better user

experience at a lower price.

C.3

Internet Transportation Solution

Requirements for Internet Network and Service Coverage

Domestic Internet:

The Contractor shall possess a nationwide domestic Internet network.

Backbone Redundancy:

The Contractor shall provide and maintain Internet

backbone redundancy and peering/interconnection redundancies.

Availability:

The House requires minimum bandwidth requirement of 75Mbps down and

15Mbps up.

Redundant Connectivity:

The Contractor shall maintain connectivity to each site on a continuous

basis and provide options for redundant connections for each site.

Protocols Supported:

The House currently supports IPv4 as the routed protocol across the

WAN environment and will support IPv6 in the future. As a minimum, the Contractor shall

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support both IPv4 and IPv6.

Static Address Requirement:

The Contractor shall guarantee that a publicly routed static

IP address(es) will be provided for the interface of each CPE (Customer Premise

Equipment). The contractor will further provide 5 static IP addresses per site.

Migration Plan:

The Contractor shall develop a Migration Plan and shall provide the

draft Migration Plan in the proposal. The final Migration Plan must be delivered to the

House within 30 business days following the contract award. The Migration Plan has the

following requirements.

•

Migration Approach (e.g. gradual migration, flash cut, etc.); Implementation

schedule indicating the duration of the project; Coordination of the implementation

on a location-by-location basis;

•

Provision for Installation Status Meetings and Progress Reports; Agreement to the

requirement that the Offeror must develop, through negotiations with the House,

and provide for COR approval, a final migration plan 30 business days before the

first installation.

•

Design. Migration plan from the House's current WAN

to your service (head end and District Office). The House

requires a four-month maximum timeframe for migration

and troubleshooting the new network.

•

Process. Step-by-step process of migrating the House's WAN within the

four- month maximum timeframe and the steps you will take to ensure that the

network is operating properly.

•

Support. Complete list of support services that your

company will provide to assist the House in the migration to

your offering.

•

Engineering approach. Engineering approach in detail for the proposed system.

•

Training. Training you will provide to House staff on the following: migration,

your service

offering, maintenance, and troubleshooting.

Implementation Plan.

The Contractor is required to develop an implementation

schedule describing how you would coordinate implementation on a location-by-

location basis. The final Implementation Plan must be delivered to the House within

30 business days following the contract award.

The House requires individual Installation, Test, and Acceptance Plans for each location as

defined by the 'geographic scope' of this RFP. For each service proposed, the plan must

outline the required test procedures to be undertaken by the Contractor. Each plan shall also

include details to ensure proper installation, operation, accurate billing, and address the

procedures that are required of the House to formally accept the service.

Ordering Service:

The House requires the ability to order new, or modify existing, circuits and

services from a single online site.

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10.

Time Frame: The House requires that all individual service requests shall be installed (new,

adds, and moves) and operational in 20 business days or less. Provide your proposed procedures

and processes for expedited service requests for the following intervals: 15 business days and 5

business days.

The continuity of House operations depends on the services provided by the Offeror. It is imperative that the

Offeror meet the required installation deadlines. The House imposes the following penalty schedule for the

late delivery and installation of circuits beyond the standard installation interval of 20 business days (This

does not apply if the House is the cause of the delay).

Days beyond required installation interval

Penalty

5 business days

25% cost of Installation and first month

6-10 business days

50% cost of Installation and first month

11 or more business days

l 00% cost of Installation and first month

Daily status updates will be required. Continual deficiencies may result in the remedies

identified in the terms and conditions set forth in this RFP.

11.

Installation:

The Contractor is responsible for all installation and must meet a standard

20 business day turnaround.

The Contractor is responsible for the addition, deletion, or relocation of local

communication lines when a Member's office is opened, closed, or moved.

The House requires extended demarcs. It is the Contractor's responsibility to extend the

demarc to a specified point in the Member District Office suite. The House will provide

specific information to the Offeror regarding where the demarc should be extended to for each

installation.

The House requires procedures for certifying the successful installation.

The House requires that the Contractor install only unbridged modems at each site.

The House requires that Contractor hardware installed has the latest DOCSIS revision.

The House will not accept a tabletop as a substitute for a site survey.

The House requires that all installation work, including access into a site, be coordinated through

the HIR contacts and that the contractors and their subcontractors never contact the office

directly.

12.

De-commissioning Circuits: The House reserves the right to decommission circuits at any time.

The House does not pay early termination fees but will pay for the circuit for up to 30 calendar

days from the date of the disconnect request and within the period of performance of the contract.

The House will not pay beyond the terminate date of the contract.

13.

Post Install

: The Contractor is required to perform network management, monitoring, and

reporting. The House requires the capability to view end-to-end throughput, latency and

errors.

14.

Testing:

The House requires that the Contractor have the capability for testing and troubleshooting

provided circuits.

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15.

Performance

: The House defines round trip end-to-end transit delay (in milliseconds) as a

packet that originates from the Washington, DC access router, to a router in any District

Office, and back. The House intends to test network transit delay between routers. The

House will further use these values in addition to the values provided upon installation to determine

the quality of circuits and determine if a trouble ticket needs to be generated.

16.

Service Availability: The House requires the Offeror to meet or exceed service availability

of 99.9% for on-network and off-network end-to-end access. The House requires that the

Offeror provide a credit of one month's free service when service availability for a month

falls below 99.9% for the circuit. The Contractor must agree to dispatch within 24 hours for

sites that are down

The House exempts scheduled maintenance to which it has been alerted at least 72 hours in

advance.

The House requires that the Offeror provide downtime billing credits for degraded service or

circuit outages that exceed 30 minutes. The House's definition of degraded service includes

reduced throughput or bouncing/unstable circuits.

17.

Network Monitoring and Reporting:

The Contractor is responsible for monitoring and

maintaining the quality, health and performance of the data path though the provider

network. The Contractor must employ tools for effective network management, monitoring,

and reporting capabilities to monitor the network health of the Internet.

The House needs the ability to view the health of the Offeror's Internet network.

The Contractor shall provide network reports available to customers.

18.

Service Management: The House requires a nationwide service presence with extensive

service locations and workforce. The Contractor may use subcontractors for the

installation/support.

19. Outage Resolution Reporting:

The House reserves the right to request that the Contractor

provide a report to the Contracting Officer's Representative (COR) within three business days

of any disruption. The report should contain the nature of the problem, a step-by-step account

of the resolution process, and any specific changes in software, hardware, or procedures that

will minimize the chances of a recurrence.

20.

Trouble Reporting:

The House requires the ability to place trouble reports via a single,

nationwide, toll-free number by any House employee or designated representative. The

House requires the ability to open and track trouble reports real time.

The House also requires the ability to create trouble tickets in an on-line system and

to subsequently access them to check status, update the original information, and to

query for historical purposes on a site-by-site and system-wide basis.

The House requires the Offeror to provide status to the House within 2 hours of the

initial trouble report and every 4 hours thereafter (if requested by the House) until

the resolution of the problem. The House requires the final escalation path - to

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include notification lists with names, titles, and contact information - within 30

business days following the contract award. The House should be notified of any

changes to this escalation path.

C.3.1 Invoicing:

In addition to the requirements outlined in Section G, the House requires that the Contractor

provide an invoice for their services on a monthly basis, in a consolidated format (i.e. all circuits consolidated

into one monthly invoice). The House requires that the Contractor provide the Invoice in electronic format in

Microsoft Excel and be accessible from a WEB portal. The Contractor must consult with the House and receive

House consent prior to any changes in the invoice format.

The invoice must clearly identify all price elements and provide statutory and/or regulatory authority for any

proposed taxes, fees or other charges in addition to rates for service. Any taxes payable by the House must.be

identified and explained as a separate line item on the invoice. It shall be noted that the House does not pay early

termination fees.

C 3.2 Single Point of Contact:

For all services provided by the Offeror, the House requires that the Offeror supply a single point of contact, based in

the Washington, DC metropolitan area, for ordering, invoicing, installing, configuring, and oversight.

This single point of contact must have demonstrable experience supporting large nationwide accounts of similar

size and scope as the House.

•

Demonstrated understanding of wide area technologies

•

Employed for at least 3 years with the contractor company

•

Al least 3 years of Project management experience

•

Candidate Resume must be provided (1 page)

The single point of contact shall maintain and provide to the House, at a minimum of a monthly basis, status,

and historical reporting on all service orders (moves, installations, cancellations and decomissions). The

monthly report shall also include traffic statistics for each site. The House will determine the appropriate

review time of these reports and notify the Offeror.

C 3.3 Security Requirements:

The following section should be based on general corporate capabilities and not specific to the offerings:

The Contractor is required to have in place comprehensive security measures that prevent unauthorized access to all

of the House's data traffic and network information. This includes, at a minimum, the following types of

information:

Usage Information

Billing Information

Configuration Information

Network Management Reports

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C 3.4 Delivery Requirements:

Deliverables:

•

Monthly Status Report

•

Monthly Status report shall include the following:

Number of requests for service received, existing, active circuits, Termination of service requests,

Modification of service

requests, Relocation of service requests, Trouble tickets activated for all

existing circuits, Open trouble tickets,

Description and resolution of major and catastrophic service

interruptions; and Summary reports of performance

• Test circuits As Needed

• Final Implementation Plan within 30 days of contract award.

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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 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 for three (3) years from date of award.

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 (2) times for a period of 12 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 60 months.

F.3

PLACE OF PERFORMANCE

APRIL 2013

Capitol Hill House Office Buildings in Washington, D.C. or Washington Metropolitan area.

[All work shall be completed remotely with the option for on-site work if both the House and the Contractor deem it necessary.]

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.

b. Causes for Suspension and Debarment. The House may suspend or debar a contractor suspected, upon adequate

evidence, of:

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i. 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;

ii. violation of Federal or State antitrust statutes relating to the submission of offers;

iii. 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;

iv. delinquent Federal taxes in an amount that exceeds three thousand dollars ($3,000);

v. 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

vi. 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).

i. 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:

1. 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;

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.

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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.

i. 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:

1. that debarment is being considered;

2. 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;

3. of the cause(s) relied upon for proposing debarment;

4. 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;

5. of the effect of the issuance of the notice of proposed debarment;

6. of the potential effect of an actual debarment; and

7. 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 Administration.

ii. 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.

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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 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

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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:

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.

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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 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

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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 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

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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.

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 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.

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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

X 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).

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.

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.

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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;

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 warranty period will apply; and/or (iii) from the date that

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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 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.

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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.

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

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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 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 Contractor and subcontractor system servers shall be certified by the Office of Cybersecurity

prior to integration within the House network. This certification shall follow successful completion of the House

system security compliance audit process. The Contractor must be able to provide evidence of security risk

mitigation ( as applicable) to the Office of Cybersecurity, prior to the integration within the House network.

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.

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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 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, costs or other amounts arising from the Contractor’s indemnification obligations

under this Contract.

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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.

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.

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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.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.

d. 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.

e. 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 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

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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.

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 reflect a reduction for the fee and 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.

d. Lost or Stolen Badges. If a badge is lost or stolen, the contractor must complete a police report and provide a

copy of the report to the COR or POC. In such cases, the fee may be waived.

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

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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 House Offices and joint entities.

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.

i. 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

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.

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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 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

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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.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.

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.

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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

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

J.1 PRICING ATTACHMENT

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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 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.

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K.6. CERTIFICATION OF INDEPENDENT APRIL 2013

PRICE DETERMINATION

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

BUY AMERICAN ACT CERTIFICATION

APRIL 2013

a. This clause applies only if the clause entitled “Buy American,” is included in this Contract.

b. Pursuant to 2 U.S.C. Sec. 109, the Offeror certifies that each end product, except those listed in item (c) of this

clause, is a domestic end product and that the Offeror has considered components of unknown origin to have

been mined, produced, or manufactured outside of the United States. The Offeror shall list as foreign end

products those end products manufactured in the United States that do not qualify as domestic end products. The

terms “component,” “cost of components,” “domestic end product,” “end product” and “foreign end product” are

defined in the clause of this solicitation entitled “Buy American.”

c. Foreign End Products:

End Product: [List as necessary] Country of Origin: [List as necessary]

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K.10

GENERAL SERVICES ADMINISTRATION

SCHEDULE CONTRACT OR GOVERNMENT-WIDE

ACQUISITION CONTRACT CERTIFICATION

APRIL 2013

If this solicitation 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: _______________ Contract Period of Performance: _________________

Contracting Officer Name: ___________________________ Contracting Officer Telephone Number: ________________

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.

____________________________________________ __________________________________________________

NAME OF OFFEROR DATE PRINTED NAME OF PERSON AUTHORIZED TO SIGN

___________________________________________ ___________________________________________

SIGNATURE OF PERSON AUTHORIZED TO SIGN TITLE OF PERSON AUTHORIZED TO SIGN

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SECTION L -- INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

L.1

CONTENT OF PROPOSALS

APRIL 2013

Each 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 as well as the hard copy of the proposal, if

required, should be divided and organized as follows:

Each 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.

a. File I - Administrative and Price Proposal. Part I shall be divided into the following distinct and marked parts:

• 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.

• Section B - Price Schedules. Offeror shall complete Attachment 1 Pricing and insert it in File 1.

• Section K - Representations, Certifications, and Statements of Offerors. Offeror shall complete the required

sections of Section K.

b. File II - Technical Proposal. shall be divided into the following distinct and marked parts:

• Technical Approach.

The House requires that the Offeror provide detailed information on their Internet network and service offerings

for all areas identified in the geographic scope of this RFP. Broadband is defined as greater than or equal to

75Mbps down and greater than or equal to 15Mbps up.

an Offeror needs to partner with other Internet Service

Providers (ISPs) to meet the requirements, it must be made unquestionably clear which response applies to

which Offeror in each section.

Internet Network and Service Coverage

l. Domestic Internet:

Provide a detailed narrative of your domestic Internet network, including a

topology map of your domestic backbone with interconnects and peering points (public and

private). Additionally, provide answers to the following questions:

At what link utilization threshold is additional capacity provisioned?

What are the typical subscription ratios for the Offeror's backbone network and interconnection

points?

What are the Offeror's peering policies?

International Internet:

Provide a detailed network topology of your international (non-

domestic) Internet backbone. This should include a map of the non-domestic physical network

topology, interconnections, peering points and trunk bandwidth indicated. The offeror shall

identify POPs for each of the Outside Continental United States (OCONUS) regions and show

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connectivity (include peering points) back to Continental United States (CONUS) locations.

The Offeror shall also describe traffic flow for each of the OCONUS states and territories and

confirm if traffic, under normal operating configurations, traverses through other countries and

if so which.

Backbone Redundancy:

Address how Internet backbone redundancy and peering/interconnection

redundancies are maintained.

Broadband Availability:

Provide maps indicating where broadband services are available and

where they are not. The Offeror is further required to provide a detailed narrative of how multi-meg

Internet service will be provided to areas where service is currently unavailable. This narrative

should include how multi-meg service will be provided in urban areas into buildings where the

Offeror does not currently have a presence. If there are areas where the broadband minimum

requirement of 75Mbps down and 15Mbps up is not available, these should be clearly identified and

optional solutions provided.

Redundant Connectivity:

Provide a narrative of how the Offeror could provide redundant

connections for sites. Include discussion on both physical and logical diversity. The narrative

should include how the dynamic failover is triggered, and if not dynamic what steps must be

taken. If there are any changes to pricing for the first or second connection make sure that they are

included in Section B. From a high availability perspective make sure that it is clear if the

additional connection is on the same provider’s network, or another, if it is cellular and if it is

always active.

Protocols Supported:

Describe the protocols that its network supports. What portion of the Offeror's

current network supports

IPv6? If not completely IPv6 capable, what is the schedule for full network IPv6 capability? The

Offeror must explain how they will support and provide IPv6 peering on the physical interface of

the House Internet routers or is IPv6 peering accomplished via tunnels between the House router

and a non-directly connected.

Static Address requirement:

Will the Offeror guarantee that a publicly routed static IP

address(es) will be provided for the interface of each CPE? The House also requires a minimum

of 5 usable static IP addresses per site.

•

Management Approach

The Offeror provides a comprehensive management approach that includes an effective organizational

structure and management processes that demonstrate a thorough, complete, and effective approach to

accomplish the overall program and contract objectives as stated in the SOW. The following elements

(not in rank order) will be considered in arriving at a rating but will not be separately rated.

Migration Plan.

Provide a draft Migration Plan for converting all locations as defined by the

geographic scope of the RFP from the current communications services to your proposed offering to

include costs, as reflected in Section B. The Migration Plan has the following requirements.

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Migration Approach (e.g. gradual migration, flash cut, etc.); Implementation schedule indicating

the duration of the project; Coordination of the implementation on a location-by-location basis;

Provision for Installation Status Meetings and Progress Reports; Agreement to the requirement that

the Offeror must develop, through negotiations with the House, and provide for COR approval, a

final migration plan 30 business days before the first installation.

Process. Describe the step-by-step process of migrating the House's WAN

within the four month maximum timeframe and the steps you will take to

ensure that the network is operating properly.

Support. Provide a complete list of support that your company will provide to assist the House

in the migration to your offering. Describe the team performing the migration to include the

team composition, levels of expertise for team members, team members' roles and

responsibilities in the migration, and if possible, team member resumes. Include a

detailed list and explanation of the support the team will provide prior to the migration, during

the migration, and following the migration.

Engineering approach. Describe your engineering approach in detail for your proposed

system.

Training. Describe the training you will provide to House staff on the following:

migration, your service offering, maintenance, and troubleshooting.

Implementation Plan. Provide an Implementation Plan. Describe in your implementation schedule

how you would coordinate implementation on a location-by-location basis. The draft Implementation

Plan must be included in your proposal response. The final Implementation Plan must be delivered to

the House within 30 business days following the contract award.

Provide Installation, Test, and Acceptance Plans for your offering. Include in your response all locations

as defined by the 'geographic scope' of this RFP. For each service proposed, the plan must outline the

required test procedures to be undertaken by the Offeror. Each plan must also include details to ensure

proper installation, operation, accurate billing, and address the procedures that are required of the House

to formally accept the services.

Ordering Service: Describe the communications service ordering process, including all information

that the House must supply to place an order for service and then be able to track it. Provide information

on how you would meet the requirement for online service ordering.

Time Frame: Provide your proposed procedures and processes for expedited service requests for

the following intervals: 15 business days and 5 business days.

Installation: Provide a full description of your installation procedures and policies. Provide a narrative

that describes the process from the time that an order is received until the time the Offeror's representative

is dispatched to the Congressional District Office. Include your process of working with partners and

committed time frames for each step in the process to total a standard 20 business day turnaround.

•

Provide a full delineation of your responsibilities and the House's responsibilities for installation.

•

Describe your procedures for working with the Local Exchange Carrier, including acting as the

House's agent. In this capacity, you will be tasked with the addition, deletion, or relocation of

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local communication lines when a Member's office is opened, closed, or moved.

•

Explain how you would meet the House's requirement for extended demarcs. Please provide all

details if any additional charge is associated with extended dernarcs. It is the Offeror's

responsibility to extend the demarc to a specified point in the Member District Office suite. The

House will provide specific information to the Offeror regarding where the demarc should be

extended to for each installation.

•

Describe your procedures for certifying the successful installation.

Post Install

•

Describe your network management, monitoring, and reporting capabilities. The House would

like statistics on the Offerer's Internet Network performance and their individual House-related

components within the network, as well as the overall network use of each. Specifically, describe

the tools available to the customer to monitor the network health of the DO and Head end

circuits and to monitor end-to-end performance.

•

Describe the tools available to the customer to view end-to-end throughput and latency.

e Describe the network reports available to customers, the type of information provided in the

reports, and their associated media (compact disk, online, etc.). Indicate any real-time

reporting available via the Internet. Provide examples of the types of network reports available

to the House.

•

Describe how you will provide all of the network management and reporting listed below to the

House on a monthly basis. Provide a copy of the reports as examples.

o Number of requests for service received;

Existing, active circuits;

• Corporate Capabilities/Past Performance. The Offeror shall provide organization charts showing the chain

of command of supervision and management staff proposed for the contract.

The 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. Provide references

for three (3) current or recent customers where you provide the same or similar services. List

name/company address, email address of the client contact, and telephone number.

L.2

SUBMISSION OF PROPOSALS

APRIL 2013

a. Offerors shall submit all proposal documents in electronic format using MS Word, Excel, or a searchable PDF

by e-mail to the address specified below. The subject of the e-mail should include the name of the Offeror and

the solicitation number. The e-mail shall not exceed 20MB in size. In the event that the proposal exceeds 20

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.

b. Proposals must be received via email by the addressee by the time and date specified in Block 5.d of the

Solicitation and Offer form, page one.

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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.

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.

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

fferors shall acknowledge receipt of any amendments to this Solicitation requiring bi-lateral signatures:

a. by signing and returning the amendment;

b. by i

dentifying the amendment number and date in the space provided for this purpose on the form for submitti

n offer; or

c. 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: 2:00 PM

July 14, 2020. Answers will be provided no later than July 20, 2020 via amendment to this solicitation posted on

www.House.gov.

Proposals due back no later than 2:00 PM August 7, 2020 (reference page 1)

The primary contact for all communications and questions is:

Jim Tiani Sr Contracts Specialist

E-mail:james.tiani@mail.house.gov Phone: 202-225-7158

L.6

RESTRICTION ON DISCLOSURE AND USE OF DATA

APRIL 2013

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

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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

(b) 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 based on the following evaluation factors:

 Technical Approach

 Management Approach

 Corporate Capabilities/Past Performance

 Price

a. Risk Assessment. Price proposals will be evaluated to identify and assess potential risks, which may be inherent

in the Offeror’s approach.

b. 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.

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.

M.3

CONTRACT AWARD

APRIL 2013

a. The House may 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.”

b. The House may:

i. reject any or all offers, if such action is in its interest;

ii. waive informalities and minor irregularities in offers received.

c. 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.

c. 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.

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