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SOLICITATION, OFFER AND AWARD (US House of Representatives)

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Solicitation, Offer and Award Form (10-28-2014 Revision)
SOLICITATION, OFFER AND AWARD
1. Type of Solicitation: Informational (RFI)
Negotiated (RFP)
Page 1
2. Solicitation Number 3. Solicitation Title 4. Date Issued
5a. Issued By
For Information, Contact:
5b. Name
5c. Phone
5d. Email
SOLICITATION
6. Offers must be received ON OR BEFORE EASTERN TIME at:
the office address in Block 5a with ___ copies
another location (see Section L)
7. Delivery Arrangement
FOB Destination
FOB Origin
8. Table of Contents
Sec.
Description
Page(s)
Sec.
Page(s)
Part I – The Schedule
Part II – Contract Clauses
A
Solicitation, Offer and Award Form
I
B
Supplies or Services and Prices/Costs
Part III – List of Documents, Exhibits and Other Attachments
C
Description/Specifications/Work Statement
J
D
Packaging and Marking
Part IV
–
Representations and Instructions (Removed at Award)
E
Inspection and Acceptance
K
Other Statements of Offerors
F
Deliveries and Performance
G Contract Administration Data L
H
Special Contract Requirements
M
OFFER (must be fully completed by offeror)
9. The undersigned agrees to perform in compliance with the terms and conditions in the following pages if this offer is
accepted within 120 calendar days from the date for receipt of offers specified in Block 6.
10. Acknowledgement of Amendments
(the offeror acknowledges receipt of
amendments to the Solicitation for offerors and
related documents numbered and dated):
Amendment No.
Date
Amendment No.
Date
Amendment No.
Date
Amendment No.
Date
Amendment No.
Date
11. Prompt Payment Discount
(Calendar Days)
12. Authorized Signature
13. Date Signed
No. of Days
%
14. Name and Address of Offeror
15. Signer Information (type or print):
a. Name
b. Phone
c. Title
d. Email
AWARD (to be completed by Government)
16. Contract No. (Solicitation No. + Suffix if applicable)
17a. Name of Contracting Officer
The signature of the Contracting Officer in Block 17
constitutes acceptance of the Offeror’s proposal
dat
ed ________________________ and consummates
the contract, which consists of this Solicitation, Offer
and Award Form and t
he referenced proposal.
17b. U.S. House of Representatives Signature
17c. Date Signed
Request for Quote (RFQ)
OAM21013S
Technical Service Support
1/12/2021
U.S. House of Representatives
CAO Office of Acquisitions Management
5110 O'Neill House Office Building
Washington, DC 20515
Office Phone: 202-225-2921
James Tiani
202-225-7158
james.tiani@mail.house.com
✔
2:00 PM March 1, 2021
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
✔
the email address in Block 5d
Solicitation
OAM21013S
Document No.:
Document Title:
Technical Service Support
Page | 2
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 Not Applicable
H.8
Substitutions Not Applicable
H.9
Buy American Not Applicable
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 Attachment Pricing Schedule
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
Solicitation
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SECTION B – PRICING SCHEDULE
COMPLETE ATTACHMENT J.1 PRICING SCHEDULE AND SUBMIT IT WITH FILE 1 (REFERENCE
SECTION L)
Technology Service Support > hourly labor prices are to be fully burden.
PLEASE REFER TO SECTION L FOR FURTHER DETAILS
Solicitation
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SECTION C – DESCRIPTION/SPECIFICATIONS/SCOPE OF SERVICES
C.1 Objective
The Office of the Chief Administrative Officer (CAO) House Information Resources (HIR) is seeking
contractor support for providing Technical Service Support to staff of the U.S. House of Representatives (House).
C.2 Scope for Technology Service Support (TSR):
• Call Center Deployment
• On-Site Deployment
The contractor(s) will provide end-user support for technology related services such as:
• end-user software/hardware troubleshooting
• mobile device ordering, configuration and apps installation
• peripherical support, e.g. printers, headphones, USB camera’s
• computer/laptop imaging
• computer/laptop disconnect/reconnect
C.2.1 TSR Call Center Deployment > Competencies & Requirements.
The designated contractors must be able to configure and troubleshoot Commercial off the shelf
(COTS) Software PCs, MACs, mobile devices: smartphones, tablets, printers, and multifunction devices.
The contractors must possess an intermediate to advanced level of knowledge working with various
Windows, MAC, IOS, and Android operating systems software, as well as intermediate foundational
knowledge of physical, network and application layers, tools such as the TCP/IP protocol commands for
resolving reported issues.
• Must be able to interact with executive-level customers and management
• Possess excellent customer service skills
• Ability to work in a fast-paced environment and meet challenging deadlines.
• Demonstrated excellent communication skills and telephone mannerism.
• Strong business/systems analysis experience working closely with users to resolve problems and capture
new business requirements.
• One (1) year minimum experience with MAC OS
• One (1) year minimum experience supporting clients using remote access software
• Experience/exposure Cisco AnyConnect
• One (1) year minimum experience supporting remote connectivity (VPN)
• Experience with Remote SEcureID console preferred but not required
• Three (3) years of Active Directory User & Account Administration
• Three (3) years minimum experience in IT Call Center environment
• Three (3) years minimum experience with Microsoft Windows 10 and Office 365 applications
• Three (3) years minimum experience supporting Mobile operating systems, i.e. iOS, Android
• Experience with Mobile device Management Console (AirWatch, Apple Business
Manager) experience preferred but not required.
• Three (3) years minimum experience supporting Microsoft Office365 Pro Plus; SharePoint, and
Exchange Online.
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• Five (5) Years’ Experience using BMC Remedy Incident, Change or Knowledge Management
• 1-year minimum experience supporting virtual conferencing solutions.
• Experience with MS Teams, WebEx, and Zoom applications preferred but not required.
• Be self-motivated to work supervised and unsupervised as needed.
• Related IT certifications preferred but not required; list those that they may have
• Related College degree preferred but not required
• ITIL qualification preferred but not required
• MCP Office 365 Certification preferred but not required
C.2.1.1 TSR On-Site Deployment (in addition to all of above competencies & requirements).
• Five (5) years - an advanced level of knowledge working with various Windows, MAC, iOS, Android
operating systems software
• Five (5) years of Active Directory User & Account Administration
• Five (5) years minimum experience with Microsoft Windows and Office 365 applications
• Three (3) years minimum experience supporting clients using remote access software
• Three (3) years minimum experience supporting remote connectivity (VPN)
• Must be able to physically lift-up to 50 pounds of equipment.
• CompTIA Certification preferred but not required.
C.2.2 Description of Work
C.2.2.1 TSR Call Center Support Desk Deployment
Perform in a Technology Service Desk environment that assists House offices staff on campus primary offices
and nationwide state and district offices in installing and using House supported software, including messaging
client software, word processors, web browsers, anti-virus software, and HIR-developed applications and
remote access RSA SecurID, VPN access.
• Must maintain a high degree of customer service for all support calls and adhere to all Quality of Standards.
• Provide front line phone, Live Chat, and Remote Desktop support, may be required to resolve requests via
on-site visit(s).
• Provide support for application software installation and use.
• Provide Mobile Device Support, Android, iOS, Devices
• Assist in developing user documentation/installation procedures.
• Assist in providing technical assistance ranging from system information and/or documentation to system
configuration and problem resolution.
• Serve as the clearinghouse for posting “Alert” Notifications via Voice Mail, the House WEB Page, Usenet
News Groups, and e-mail.
• Maintain the knowledge base for all House Supported Software and a working knowledge of hardware and
communication products.
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• Apt to learn and maintain knowledge of all House support software, Cloud base software products, and
HIR Policies.
• Willing to participate in HIR projects and initiatives for House customers.
• Serve as a resource for solving user problems requiring an advanced level of technician support.
• Serve as the technical resource and solution-provider for the Technology Partners.
• Work closely with other HIR groups to support current technology.
• Interact with other HIR groups as appropriate to efficiently respond to user requests/problems. Partners
with vendors to identify and resolve problems.
• Confer with senior engineering staff to resolve more complex problems.
• Perform other official duties as assigned.
C.2.2.2 TSR On-site Deployment ( in addition to above).
• Able to interact professionally with executive-level customers and management in resolving technical
problems on an emergency basis.
• Provide Mobile Device Support, Hardware/Software installation and configuration support.
• Provide support for House offices in installing and using House supported software
• Assist in developing user documentation/installation procedures.
• Maintain the knowledge base of commonly used end-user software and a working knowledge of
hardware products and commonly used accessories, e.g. USB camera’s, accessories used for
applications like Teams, Skype, etc.
• Provide consulting support to the House offices.
• Serve as a resource for solving user problems requiring an advanced level of technical support.
• Migrate user data upon request.
• Ability to create and image computers/laptops.
• Configure workstations to include but not limited to profile information, printer, dual monitors as
applicable, etc.
• Perform other official duties as assigned.
Total number of candidates for Call Center Deployments and On-Site Deployment, will be approximately
15 people. Company must have capacity to ramp up staff during Congressional Transition Periods which occur
every two (2) years between September - March. Candidates may perform duties within the Call Center help desk
or as a Deskside Support Technician. Rotation between these two roles may change at the discretion of the
Contracting Officer’s Representative (COR). Remote teleworking is possible depending upon rotation and with
prior approval by the COR.
• Estimate 8 candidates for Call Center Deployment for initial starting.
• Estimate 3 candidates for On-Site Deployment for initial starting.
• Should the business need arise, the House may deploy contractor personnel between the Call Center and
On-site.
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C.2.3 Work Hours:
Contractors will be required to work shifts 1, 2, and 3 as applicable. This includes all federal holidays with alternate
days off. Services are primarily performed in the Ford Office House building (FHOB) on the Capitol Hill Campus.
The ITCS\Technology Service Desk (TSD) Shift Operation’s Work Schedule 2021
Shift (s)
Days
Hours Per Day and Weekday
1
Monday – Friday
9:00am – 6:00pm
1
Monday – Friday
10:00am – 7:00pm
1
Saturday – Sunday
6:30am – 2:30pm
2
Monday – Friday
3:00pm – 11:00pm
2
Saturday – Sunday
2:30pm – 10:30pm
3*
Thursday – Monday
10:30pm – 6:30am
3*
Tuesday – Saturday
10:30pm – 6:30am
3*
Sunday - Thursday
10:30pm – 6:30am
* Contractors scheduled to work the 3
rd
shift work hours and days must be amenable to a rotating schedule to 1
st
shift, on a monthly basis for a duration of 1 week, for cross training purpose.
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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.
Solicitation
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Document No.:
Document Title:
Technical Service Support
Page 10
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 two (2) years from date of award. Estimated award date is
7/1/2021.
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 three (3) 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.
During COVID19, Contractors will be allowed to telework until further notice. The current telework work posture
is subject to change as work from home policies, updates are provided by the Chief Administrative Officer (CAO)
leadership and/or The Office of Attending Physician. However, the COR does reserve the right to restrict
teleworking posture and require contracting staff, to report to the FHOB for the following:
Please note during the COVID19 alert: all staff will be required to adhere to safe distancing guidelines and the
wearing of Personal Protective Equipment (PPE) while visiting and/or reporting to work in the FHOB will be
mandatory. Per CDC and Office of the Attending Physician guidelines this work posture policy is subject to
modification and/or change. Each contractor will adhere to Management governance as work posture instructions
guidance is determine by CAO leadership.
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.
Solicitation
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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:
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
(C) significant overpayment(s) on the Contract; 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;
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2. that the suspension is for a temporary period pending the completion of an investigation and
such legal proceedings as may ensue;
3. of the cause(s) relied upon for imposing suspension;
4. of the effect of the suspension; and
5. that, within thirty (30) calendar days after receipt of the notice of suspension, the Contractor
or its representative may submit to the Chief Administrative Officer, in writing or in person,
information and argument in opposition to the suspension, including any additional specific
information that raises a genuine dispute over the material facts.
d. GSA Notification. The House reserves the right to notify GSA if the Contractor is suspended, debarred or
proposed for suspension or debarment by the House.
e. GSA Suspension and Debarment. After being listed on the System for Award Management (“SAM”), the House
shall not solicit offers from, award contracts to or consent to subcontracts with the listed contractor, unless the
House’s Chief Administrative Officer determines that there is a compelling reason for such action. Furthermore,
contractors listed on SAM are excluded from conducting business with the House as agents or representatives of
other contractors.
f. Debarment. If debarred, the Contractor is excluded from contracting with the House as a prime and/or House-
approved subcontractor, in full or in part, for a defined period of time, generally not to exceed three (3) years.
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.
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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.
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)
Hours worked and period worked
Payment Terms, if appropriate (example: 2% 10 - net 30)
b. Submissions. Invoices for goods, equipment and services shall be submitted by e-mail or facsimile to the point
of contact specified in the Contract.
c. 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.
d. 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.
e. Taxes. The House is exempt from all direct taxes, including any sales and use taxes.
f. 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.
g. 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
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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
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.
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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
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)).
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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.
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
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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 with Fixed Hourly Rates.
a. This is an Indefinite-Delivery/Indefinite-Quantity (“IDIQ”) contract for services specified and
effective for the period stated. The quantities of 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 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 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.
e. Fixed Rates for Services.
i. Rates. The rates set forth in the Attachment J.1 cover all direct labor expenses and indirect
expenses (i.e., overhead, general and administrative expenses) and profit.
ii. Invoicing and Payment. The Contractor shall invoice for only the time of the personnel
whose services are applied directly to the work called for in individual orders and accepted
by the COR. The House shall pay the Contractor for the life of a work order at rates in effect
when the work order was issued, even if performance under the work order crosses into
another period. The Contractor shall maintain time and labor distribution records for all
employees who work under the Contract. These records must document time worked and
work performed by each individual on all orders.
iii. Billing. An individual will be billed at the labor rate designated by the labor category to
which he or she is assigned according to the specific work order under which that individual
is performing work. (For example, if a partner is assigned through a work order as an audit
manager, the partner shall be billed at the audit manager rate.) In no event shall an individual
be assigned or billed at a labor rate higher than that for which he or she has been contractually
approved in the pre-award phase.
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H.2
AVAILABILITY OF FUNDS
DECEMBER 2014
The House’s obligation under this Contract is contingent upon the availability of appropriated funds from which
payment can be made. No legal liability on the part of the House may arise until the funds are made available to the
designated Contracting Officer through an Appropriations Act for operations of the House. Issuance of a contract to
the Contractor bearing the signature of a Contracting Officer shall constitute evidence that such funds are available.
H.3
SYSTEM FOR AWARD MANAGEMENT
OCTOBER 2014
The Contractor shall register or be registered in the SAM database (www.sam.gov
) within ninety (90) calendar days
from the date of award. The Contractor shall ensure that all information contained in its SAM registration is current,
complete and accurate throughout the performance period of this Contract and until final payment is made by the
House. To successfully register in the SAM database, the Contractor must provide its Dun & Bradstreet Data
Universal Numbering System (“DUNS”) number or DUNS+4 number. The Contractor must also provide its
Taxpayer Identification Number, as validated by the Internal Revenue Service. Unless the Contractor’s SAM
registration is marked “Active,” the registration requirement is not met. Not applicable to Independent Contractors.
The Contracting Officer may waiver this requirement in writing only.
H.4
INSURANCE
APRIL 2013
The Contractor shall carry and maintain, during the entire period of performance under this Contract, the following
levels of insurance coverage as required by law:
a. Worker’s Compensation. Workers’ compensation and employee’s liability insurance: a minimum of one
hundred thousand dollars ($100,000) per incident;
b. Comprehensive. Comprehensive general liability: a minimum of one million dollars ($1,000,000) bodily injury
per occurrence;
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,
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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
Not Applicable
H.8
SUBSTITUTIONS
DECEMBER 2014
Not Applicable
H.9
BUY AMERICAN
APRIL 2013
Not Applicable
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
access to, make unauthorized copies of, and/or release any House Information without prior written approval by
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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.
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.
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.
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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
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.
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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 – ATTACHMENT
PRICING SCHEDULE J.1
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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.
Solicitation
OAM21013S
Document No.:
Document Title:
Technical Service Support
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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
Not Applicable
K.10
GENERAL SERVICES ADMINISTRATION
SCHEDULE CONTRACT OR GOVERNMENT-WIDE
ACQUISITION CONTRACT CERTIFICATION
APRIL 2013
Only applicable if Offer is proposing GSA Schedule
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: ________________
Solicitation
OAM21013S
Document No.:
Document Title:
Technical Service Support
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39
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.
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
Solicitation
OAM21013S
Document No.:
Document Title:
Technical Service Support
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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. Schedule Attachment J.1 proposed fixed hourly rates fully burdened.
• 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. Staffing Approach. The offeror shall provide a staffing approach which
describes:
o a proposed methodology for recruitment and retention of personnel meeting the position-dependent
experience, certifications, and qualifications requirements delineated in Section C.
o an approach to ensure personnel qualifications remain current.
Proposes candidates’ resumes are to be included for Call Center and On-Site Deployment and must
clearly identifying that they met or exceed the requirements and qualifications. Past work history is
to be included as well as three (3) references (reference name, phone number and email address).
• Management Approach. The Offeror shall describe the overall approach to providing services in accordance
with specifications herein. The proposal should discuss planned approaches to meet the requirements called
for in Section C. As a guide, the approach shall include, as a minimum, the following:
• Identify ability to provide surge support during high demand times, e.g. Congressional
Transition periods.
• Process for selection and vetting of candidates
• Process for staying current with Technology
The Offeror can successfully demonstrate that it has the ability to attract highly qualified and capable
resources to perform the services proposed, and to retain those resources over time to minimize the need for
turnover replacement of resources.
Replacement Capability
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OAM21013S
Document No.:
Document Title:
Technical Service Support
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The Offeror can successfully demonstrate that it has the ability to provide multiple alternative
resources for a given assignment, such that if a replacement is needed, a replacement of
demonstrated similar quality, experience and knowledge can be provided with a minimum of
delay.
• Corporate Capabilities. The Offeror shall provide organization charts showing the chain of command of
supervision and management staff proposed for the contract.
Management/Organization Structure
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.
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.
The 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.
Submissions 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
Offerors shall acknowledge receipt of any amendments to this Solicitation requiring bi-lateral signatures:
a. by signing and returning the amendment;
b. by identifying the amendment number and date in the space provided for this purpose on the form for submitting
an offer; or
Solicitation
OAM21013S
Document No.:
Document Title:
Technical Service Support
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42
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.
ONLY Questions regarding Section C of this solicitation will be addressed and must be submitted via e-mail by the
following due date and time: to jamesTiani@mail.house.gov
by 2:00PM on 1/27/2021.
The primary contact for all communications and questions is:
Jim Tiani Sr. Contracts Specialist
E-mail: james.tiani@mail.house.gov
L.6
RESTRICTION ON DISCLOSURE AND USE OF DATA
APRIL 2013
Offerors, who include in their proposal data that they do not want disclosed to the public for any purpose or used by
the House except for evaluation purposes, shall: (a) mark the title page with the following legend:
“This proposal includes data that shall not be disclosed outside the House and shall not be duplicated, used, or
disclosed--in whole or in part – for any purpose other than to evaluate this proposal. If, however, a contract is awarded
as a result of – or in connection with – the submission of this data, the House shall have the right to duplicate, use, or
disclose the data, including cost and pricing data, to the extent provided in the resulting contract. This restriction
does not limit the House’s right to use information contained in this data if it is obtained from another source without
restriction. The data subject to this restriction are contained in sheets numbered [insert number(s)];” and
(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.”
Solicitation
OAM21013S
Document No.:
Document Title:
Technical Service Support
Page | 43
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
1. Candidates Qualifications & Experience
2. Candidates may be virtually interviewed under Covin 19 protocol
Management Approach
Corporate Capabilities
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.
d. No assumptions or deviations from the House Terms and Conditions or the Clauses found within the
solicitation will be accepted.
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