MODIFICATION
70 -- FireEye Hardware
- Notice Date
- 5/10/2012
- Notice Type
- Modification/Amendment
- Contracting Office
- 101 Independence Avenue SE, Washington, D.C., DC 20540
- ZIP Code
- 20540
- Solicitation Number
- LC12Q0003
- Response Due
- 5/10/2012
- Archive Date
- 11/6/2012
- Point of Contact
- Name: Jason Watts, Title: Account Manager, Phone: 571-297-5441, Fax:
- E-Mail Address
-
Jason.Watts@fedbid.com;
- Small Business Set-Aside
- N/A
- Description
- MODIFICATION NOTICE:Bids are being solicited under solicitation number LC12Q0003. This announcement constitutes the only solicitation; bids are being requested and a written solicitation will not be issued. The solicitation is issued as an invitation for bids (IFB), unless otherwise indicated herein.If your company can provide the product/services listed on the solicitation and comply with all of the solicitation instructions, please respond to this notice. To view the specifications, please go to www.FedBid.com and reference Buy No. 343709_02. GSA Schedule Bids Only: Sellers bidding on this opportunity MUST have the items requested on an existing GSA Schedule. The Schedule must either be in the Seller's name or the Seller must be able to document its ability to act as an agent of a partner's Schedule. Sellers must not bid more than their applicable contract ceiling price, excluding the FedBid Fee, for contract-specific items. If FedBid receives notice that, due to inclusion of the FedBid Fee, the Selected Bid's line item pricing is higher than the Selected Seller's applicable published government contract pricing, the FedBid Fee will be reduced to ensure the Selected Bid's line item pricing does not exceed the Selected Seller's applicable contract pricing. Sellers may offer Open Market items only in accordance with the approved Terms and Conditions of their respective GSA Schedule AND upon approval from the soliciting Contracting Officer. Information regarding GSA Schedules can be found at www.GSA.gov. This requirement is unrestricted and only qualified sellers may submit bids.The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2012-05-10 12:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com.FOB Destination shall be Washington, DC 20540 The Library of Congress requires the following items, Exact Match Only, to the following: LI 001, Appliance-FMPS 8300 Item #: 8300FI-HW Description: 8300FI-HW Appliance-FMPS 8300. Period of performance 1 year, 1, EA; LI 002, Rackmount Kit, 4-post Description:425-RAIL4P-A1 Period of performance 1 year, 1, EA; LI 003, MPC FMPS 8300 1-way 1Y Description:8300FI-1WMPC1Y Period of performance 1 year, 1, EA; LI 004, Support 8300 File MPS Plat 1Y 8300FI-PTM1Y Period of performance 1 year, 1, EA; Solicitation and Buy Attachments ***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.*** For this solicitation, Library of Congress intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. A Seller may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. Library of Congress is taking this action in an effort to improve both seller access and awareness of requests and the agency's ability to gather multiple, completed, real-time bids.All responsible Sellers that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com.Sellers that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Sellers that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Sellers may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process.Should Sellers require additional clarification, contact FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com. Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive. A) The offeror shall provide the government, with its offer submission, written verification from the GSA schedule holder that an agreement exists that validates the offeror's right to offer the GSA schedule items on behalf of the GSA schedule holder, if other than the offeror; and, B) By proactively complying with this offer term, sellers accept that the government will make award to the GSA schedule holder only, as the sole awardee. Further, the sole awardee and only the sole awardee shall submit its invoice to the government and receive payment from the government. GSA schedule orders may include "open market" items, i.e., items not on the awardee's list of GSA schedule items, only in compliance with FAR 8.402(f). Offerors should verify in writing which items are listed on their GSA schedule contracts and which items are "open market" items. For an offer to qualify as an offer based on a GSA schedule contract, the value of "open market" items included in the offer may not exceed the applicable micro-purchase threshold as defined in FAR 2.101.In order to notate which items are open market, in accordance with FAR 8.402(f)(3), Seller must write "open market" in the Line Item Description for any item not currently active on the cited contract, or list in the Seller Bid Description field all open market line numbers (e.g. "Open Market Items: Lines 1, 2, 3.") New Equipment ONLY; NO remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty. Bid MUST be good for 30 calendar days after close of Buy. Shipping must be free on board (FOB) destination CONUS (Continental U.S.), which means that the seller must deliver the goods on its conveyance at the destination specified by the buyer, and the seller is responsible for the cost of shipping and risk of loss prior to actual delivery at the specified destination. Offeror must be registered in the Central Contractor Registration (CCR) database before an award can be made to them. If the offeror is not registered in the CCR, it may do so through the CCR website at http://www.ccr.gov. Markings. All information submitted to the CO or the COR or other Library personnel designated to receive deliverablesunder this contract shall clearly indicate the following information:a. Agency/Requiring LOC Service/Support Unit and MAIL STOP. Information will provided upon award. FAR 52.246.2 Inspection of Supplies (Aug 1996)FAR 52.246-16 Responsibility for Supplies APR 1984 See attached Brand Name Justification (a) Inspection/Acceptance.(1) The Government has the right to inspect and test all materials furnished and services performed under thiscontract, to the extent practicable at all places and times, including the period of performance, and in any eventbefore acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractorengaged in contract performance. The Government will perform inspections and tests in a manner that will notunduly delay the work.(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, theContractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for thesafe and convenient performance of these duties.(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at theplace of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after thedate of delivery, unless accepted earlier.(4) At any time during contract performance, but not later than 6 months (or such other time as may be specifiedin the contract) after acceptance of the services or materials last delivered under this contract, the Governmentmay require the Contractor to replace or correct services or materials that at time of delivery failed to meet contractrequirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement orcorrection shall be determined under paragraph (i) of this clause, but the ?hourly rate? for labor hours incurredin the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unlessotherwise specified below, the portion of the ?hourly rate? attributable to profit shall be 10 percent. The Contractorshall not tender for acceptance materials and services required to be replaced or corrected without disclosingthe former requirement for replacement or correction,and, when required, shall disclose the correctiveaction taken. [Insert portion of labor rate attributable to profit.] (5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction,and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increasedby the Government), the Government may?(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increasedcost, or deduct such increased cost from any amounts paid or due under this contract; or(B) Terminate this contract for cause.(ii) Failure to agree to the amount of increased cost to be charged to theContractor shall be a dispute under the Disputes clause of the contract.(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor toremedy by correction or replacement, without cost to the Government, any failure by the Contractor to complywith the requirements of this contract, if the failure is due to?(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or(ii) The conduct of one or more of the Contractor?s employees selected or retained by the Contractor after anyof the Contractor?s managerial personnel has reasonable grounds to believe that the employee is habitually carelessor unqualified.(7) This clause applies in the same manner and to the same extent to the corrected or replacement materials orservices as to materials and services originally delivered under this contract.(8) The Contractor has no obligation or liability under this contract to correct or replace materials and servicesthat at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwisespecified in the contract.QS - LC12Q0003 Page 14 of 30(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnishedproperty shall be governed by the clause pertaining to Government property.(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performanceof this contract to a bank, trust company, or other financing institution, including any Federal lendingagency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makespayment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rightsto receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement ofthe parties.(d) Disputes. This contract is subject to LOC 52.233-1, Disputes (Jul 2002) - As Modified by the Library ofCongress (Feb 2008).(e) Definitions.(1) The clause at FAR 52.202-1, Definitions (Jul 2004), is incorporated herein by reference. As used in thisclause?(i) Direct materials mean those materials that enter directly into the end product, or that are used or consumeddirectly in connection with the furnishing of the end product or service.(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor categoryqualifications of a labor category specified in the contract that are?(A) Performed by the contractor;(B) Performed by the subcontractors; or(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.(iii) Materials means?(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractorunder a common control;(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract,travel, computer usage charges, etc.);(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert anysubcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and(E) Indirect costs specifically provided for in this clause.(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnishsupplies or services for performance of the prime contract or a subcontract including transfers between divisions,subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders,and changes and modifications to purchase orders.(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrencebeyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God orthe public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics,quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractorshall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement ofany excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrencewith all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessationof such occurrence. (g) Invoice.(1) The Contractor shall submit an invoice via email to: accountspayable@loc.gov. An invoice must include?(i) Name and address of the Contractor;(ii) Invoice date and number;(iii) Contract number, contract line item number and, if applicable, the order number;(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment ifshipped on Government bill of lading. A freight bill shall be submitted for any shipping charges in excess of$400.(vi) Terms of any discount for prompt payment offered;(vii) Name and address of official to whom payment is to be sent;(viii) Name, title, and phone number of person to notify in event of defective invoice; and(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if requiredelsewhere in this contract.(x) Electronic funds transfer (EFT) banking information.(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice,the Contractor shall have submitted correct EFT banking information in accordance with the applicablesolicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer?Central ContractorRegistration, or 52.232-34, Payment by Electronic Funds Transfer?Other Than Central Contractor Registration),or applicable agency procedures.(C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with LOC 52.232-25 Prompt Payment (Oct 2008) -As Modifiedby the Library of Congress (Jun 2009)(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agentsagainst liability, including costs, for actual or alleged direct or contributory infringement of, or inducement toinfringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract,provided the Contractor is reasonably notified of such claims and proceedings.(i) Payment.(1) Services accepted. Payment shall be made for services accepted by the Government that have been deliveredto the delivery destination(s) set forth in this contract. The Government will pay the Contractor as followsupon the submission of commercial invoices approved by the Contracting Officer:(i) Hourly rate.(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by thenumber of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified inQS - LC12Q0003 Page 16 of 30the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contractwill not be paid to the extent the work is performed by individuals that do not meet the qualifications specifiedin the contract, unless specifically authorized by the Contracting Officer.(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the ContractingOfficer) to the Contracting Officer or the authorized representative.(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiateinvoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actualpayment, individual daily job timecards, records that verify the employees meet the qualifications for thelabor categories specified in the contract, or other substantiation specified in the contract. (E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue ofthe Contractor having performed work on an overtime basis.(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance,overtime rates shall be negotiated.(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only tothe extent the overtime is approved by the Contracting Officer.(ii) Materials.(A) If the Contractor furnishes materials that meet the definition of a commercial item at FAR 2.101, the priceto be paid for such materials shall be the contractor's established catalog or market price, adjusted to reflectthe?(1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements.(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimbursethe Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor thatare identifiable to the contract) provided the Contractor?(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice;or(2) Makes these payments within 30 days of the submission of the Contractor?s payment request to the Governmentand such payment is in accordance with the terms and conditions of the agreement or invoice.(C) To the extent able, the Contractor shall?(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery ofsatisfactory materials; and(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amountsthat are identifiable to the contract.(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following,provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert eachelement of other direct costs (e.g., travel, computer usage charges, etc. Insert ?None? if no reimbursement forother direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert?Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursementfor other direct costs will be provided, insert ?None?.?](2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse theContractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixedprice: [Insert a fixed amount for the indirect costs and payment schedule. Insert ?$0? if no fixed price reimbursementfor indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officermay insert ?Each order must list separately the fixed amount for the indirect costs and payment schedule or, ifno reimbursement for indirect costs, insert ?None?).?] (2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall notexceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform thework specified in the Schedule and all obligations under this contract within such ceiling price. If at any timethe Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performingthis contract in the next succeeding 30 days, if added to all other payments and costs previously accrued,will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officergiving a revised estimate of the total price to the Government for performing this contract with supporting reasonsand documentation. If at any time during the performance of this contract, the Contractor has reason to believethat the total price to the Government for performing this contract will be substantially greater or less thanthe then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate ofthe total price for performing this contract, with supporting reasons and documentation. If at any time duringperformance of this contract, the Government has reason to believe that the work to be required in performingthis contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advisethe Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceilingprice in the Schedule, and the Contractor shall not be obligated to continue performance if to do so wouldexceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractorin writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitutethe ceiling price for performance under this contract. When and to the extent that the ceiling price setforth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor inexcess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended andmaterial costs had been incurred after the increase in the ceiling price. (4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorizedrepresentative) will have access to the following (access shall be limited to the listing below unless otherwiseagreed to by the Contractor and the Contracting Officer):(i) Records that verify that the employees whose time has been included in any invoice meet the qualificationsfor the labor categories specified in the contract;(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), whentimecards are required as substantiation for payment?(A) The original timecards (paper-based or electronic);(B) The Contractor?s timekeeping procedures;(C) Contractor records that show the distribution of labor between jobs or contracts; and(D) Employees whose time has been included in any invoice for the purpose of verifying that these employeeshave worked the hours shown on the invoices.(iii) For material and subcontract costs that are reimbursed on the basis of actual cost?(A) Any invoices or subcontract agreements substantiating material costs; and(B) Any documents supporting payment of those invoices.(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent ofamounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payableand shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shallpromptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30days will pay any such increases, unless the parties agree otherwise. The Contractor?s payment will be made bycheck. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwiseoverpaid on an invoice payment, the Contractor shall:(i) Remit the overpayment amount to the payment office cited in the contract along with a description of theoverpayment including the?(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s)of overpayment);QS - LC12Q0003 Page 18 of 30(B) Affected contract number and delivery order number, if applicable;(C) Affected contract line item or subline item, if applicable; and(D) Contractor point of contact.(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest.(i) Interest penalties will be handled in accordance with the interest penalty provisions in LOC 52.232-25,Prompt Payment (Oct 2008) ? As Modified by the Library of Congress (Jun 2009)(ii) Upon receipt and approval of the invoice designated by the Contractor as the ?completion invoice? and supportingdocumentation, and upon compliance by the Contractor with all terms of this contract, any outstandingbalances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supportingdocumentation, shall be submitted by the Contractor as promptly as practicable following completion of thework under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer mayapprove in writing) from the date of completion.(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contractand in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as acondition precedent to final payment under this contract, a release discharging the Government, its officers,agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract,subject only to the following exceptions.(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statementby the Contractor.(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to thirdparties arising out of performing this contract, that are not known to the Contractor on the date of the executionof the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6years after the date of the release or the date of any notice to the Contractor that the Government is prepared tomake final payment, whichever is earlier.(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnificationof the Government against patent liability), including reasonable incidental expenses, incurred by the Contractorunder the terms of this contract relating to patents.(8) Prompt payment. The Government will make payment in accordance with LOC 52.232-25 Prompt Payment(Oct 2008) - As Modified by the Library of Congress (June 2009).(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriateEFT clause. (10) Discount. In connection with any discount offered for early payment, time shall be computed from the dateof the invoice. For the purpose of computing the discount earned, payment shall be considered to have beenmade on the date which appears on the payment check or the specified payment date if an electronic fundstransfer payment is made.(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the suppliesprovided under this contract shall remain with the Contractor until, and shall pass to the Government upon:(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation isf.o.b. destination.QS - LC12Q0003 Page 19 of 30(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.(l) Termination for the Government?s convenience. The Government reserves the right to terminate this contract,or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediatelystop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors tocease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours(as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expendedbefore the effective date of termination by the hourly rate(s) in the contract, less any hourly rate paymentsalready made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of theGovernment using its standard record keeping system that have resulted from the termination. The Contractorshall not be required to comply with the cost accounting standards or contract cost principles for this purpose.This paragraph does not give the Government any right to audit the Contractor?s records. The Contractor shallnot be paid for any work performed or costs incurred that reasonably could have been avoided.(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in theevent of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions,or fails to provide the Government, upon request, with adequate assurances of future performance. In theevent of termination for cause, the Government shall not be liable to the Contractor for any amount for suppliesor services not accepted, and the Contractor shall be liable to the Government for any and all rights and remediesprovided by law. If it is determined that the Government improperly terminated this contract for default,such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to theGovernment upon acceptance, regardless of when or where the Government takes physical possession.(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fitfor use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liableto the Government for consequential damages resulting from any defect or deficiencies in accepted items.(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, rules andregulations applicable to its performance under this contract.(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and SafetyStandards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating towhistleblower protections; Section 1553 of the American Recovery and Reinvestment Act of 2009, relating towhistleblower protections for contracts funded under that Act; 49 U.S.C. 40118, Fly American; and41 U.S.C. 423 relating to procurement integrity.(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedencein the following order:(1) The schedule of supplies/services.(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique toGovernment Contracts paragraphs of this clause.(3) The clause at LOC 52.212-5.QS - LC12Q0003 Page 20 of 30(4) Addenda to this solicitation or contract, including any license agreements for computer software.(5) Solicitation provisions if this is a solicitation.(6) Other paragraphs of this clause.(7) The Standard Form 1449 or Optional Form 347.(8) Other documents, exhibits, and attachments.(9) The specification. (t) Central Contractor Registration (CCR)(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance andthrough final payment of any contract for the accuracy and completeness of the data within the CCR database,and for any liability resulting from the Government?s reliance on inaccurate or incomplete data. To remain registeredin the CCR database after the initial registration, the Contractor is required to review and update on anannual basis from the date of initial registration or subsequent updates its information in the CCR database toensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditionsof this contract and is not a substitute for a properly executed contractual document.(2)(i) If a Contractor has legally changed its business name, ?doing business as? name, or division name(whichever is shown on the contract), or has transferred the assets used in performing the contract, but has notcompleted the necessary requirements regarding novation and change-of-name agreements inFAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum ofone business day?s written notification of its intention to (A) change the name in the CCR database; (B) complywith the requirements of Subpart 42.12; and (C) agree in writing to the timeline and procedures specified by theresponsible Contracting Officer. The Contractor must provide with the notification sufficient documentation tosupport the legally changed name.(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to performthe agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novationor change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractorindicated in the contract will be considered to be incorrect information within the meaning of the ?Suspensionof Payment? paragraph of the electronic funds transfer (EFT) clause of this contract.(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate,in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignmentof Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor?sCCR record that indicates payments, including those made by EFT, to an ultimate recipient other than thatContractor will be considered to be incorrect information within the meaning of the ?Suspension of payment?paragraph of the EFT clause of this contract.(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements viathe internet at http://www.ccr.gov or by calling 1-888-227-2423 or 269-961-5757. (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which areincorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitionsof commercial items:(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)._ Alternate 1 (Aug 2007) of 52.222.50 (22 U.S.C. 7104(g). ((2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).QS - LC12Q0003 Page 21 of 30(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicatedas being incorporated in this contract by reference to implement provisions of law or Executive ordersapplicable to acquisitions of commercial items:X___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate 1 (Oct1995) (41 U.S.C. 253g and 10 U.S.C. 2402).___ (2) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009(Section 1553 of Pub L. 111-5).___ (3) 52.204-11, American Recovery and Reinvestment Act?Reporting Requirements (Mar 2009) (Pub. L.111-5).___ (4) LOC 52.222-3, Convict Labor (Jun 2003) (E.O. 11755) ? As Modified by the Library of Congress (Jun2009)._x__ (5) 52.222-19, Child Labor?Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).___ (6) 52.222-21, Prohibition of Segregated Facilities (Feb 1999)._x__ (7) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246)._X__ (8) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and OtherEligible Veterans (Sep 2006)(38 U.S.C. 4212)._X__ (9) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. 793)._X__ (10) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, andOther Eligible Veterans (Sep 2006)(38 U.S.C. 4212).___ (11) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004)(E.O. 13201 ___ (12) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products(May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)).___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).___ (13) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).___ (14) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).___ (15) (i) 52.225-3, Buy American Act ?Free Trade Agreements ? Israeli Trade Act (Feb 2009) (41 U.S.C.10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-169).QS - LC12Q0003 Page 22 of 30___ (ii) Alternate I (Jan 2004) of 52.225-3.___ (iii) Alternate II (Jan 2004) of 52.225-3.___ (17) 52.225-5, Trade Agreements (Mar 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).___ (18) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.?s, proclamations, and statutesadministered by the Office of Foreign Assets Control of the Department of the Treasury).___ (19) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).__ (20) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 255(f), 10U.S.C. 2307(f)).___ (21) 52.232.30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 255(f), 10 U.S.C.2307(f)).__X_ (22) 52.232-33, Payment by Electronic Funds Transfer - Central Contractor Registration (Oct 2003) (31U.S.C. 3332).___ (23) 52.232-34, Payment by Electronic Funds Transfer?Other Than Central Contractor Registration (May1999)(31 U.S.C. 3332).___ (24) 52.232-36, Payment by Third Party (May 1999)(31 U.S.C. 3332). ___ (25) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services,that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisionsof law or executive orders applicable to acquisitions of commercial items:___ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007)(41 U.S.C. 351, et seq.).___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989)(29 U.S.C. 206 and 41 U.S.C.351, et seq.).___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act ? Price Adjustment (Multiple Year andOption Contracts) (Nov 2006)(29 U.S.C.206 and 41 U.S.C. 351, et seq.).__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act ? Price Adjustment (multiple Year andOption Contracts) (Nov 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).____ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance,Calibration, or Repair of Certain Equipment?Requirements (Nov 2007) (41 U.S.C. 351 et seq.).___ (5) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351 et seq.) ___ (5) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247).___ (6) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisitionthreshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General,shall have access to and right to examine any of the Contractor?s directly pertinent records involving transactionsrelated to this contract.(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and otherevidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for anyshorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.If this contract is completely or partially terminated, the records relating to the work terminated shall be madeavailable for 3 years after any resulting final termination settlement. Records relating to appeals under the disputesclause or to litigation or the settlement of claims arising under or relating to this contract shall be made availableuntil such appeals, litigation, or claims are finally resolved.(3) As used in this clause, records include books, documents, accounting procedures and practices, and otherdata, regardless of type and regardless of form. This does not require the Contractor to create or maintain anyrecord that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. The Government may require continued performance of any services within the limits and at the rates specifiedin the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided bythe Secretary of Labor. The option provision may be exercised more than once, but the total extension of performancehereunder shall not exceed six (6) months. The Contracting Officer may exercise the option by writtennotice to the Contractor within 15 days of expiration of this contract. The Contractor agrees not to employ in the performance of this contract any person undergoing a sentence ofQS - LC12Q0003 Page 24 of 30imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands,American Samoa, Guam, or the U.S. Virgin Islands. The Contractor will indemnify, defend and hold harmless the LOC or owner, from any and all damages andclaims for damages which the LOC may sustain by reason of injury or death to persons or damage to property,including but not limited to LOC employees and their property, arising from the use of the article(s) comprisingthis shipment or from any latent or hidden defects in such article(s) or the dangerous conditions thereof. shall not, without prior written authorization of the Contracting Officer, in any manner advertise or publish thefact that the Contractor has contracted to furnish the Library the goods or services herein mentioned. This Clause is incorporated by reference
- Web Link
-
FBO.gov Permalink
(https://www.fbo.gov/spg/LOC/CS/CS1/LC12Q0003/listing.html)
- Place of Performance
- Address: Washington, DC 20540
- Zip Code: 20540
- Zip Code: 20540
- Record
- SN02745342-W 20120512/120511000206-5e1b8e7a1d7e2e9234763c062306cdfc (fbodaily.com)
- Source
-
FedBizOpps Link to This Notice
(may not be valid after Archive Date)
| FSG Index | This Issue's Index | Today's FBO Daily Index Page |